Dog bites are not only traumatic but sometimes result in severe injuries, emotional distress, and costly medical bills. In Pennsylvania, dog bite victims are entitled to seek compensation through settlements that cover medical expenses, lost wages, and other related damages. Understanding what to expect in a Pennsylvania dog bite settlement can help victims navigate the process and maximize their compensation.

Overview of Pennsylvania Dog Bite Laws

Pennsylvania follows a strict liability rule in dog bite cases, which means that a dog owner is going to be held responsible for injuries caused by their dog, regardless of the dog's history of aggression. This differs from states that only hold owners liable if they knew or should have known about their dog's dangerous tendencies.

In Pennsylvania, the liability of the dog owner depends on the severity of the injury:

• Severe injuries: These include significant injuries that might require more intense medical treatment, such as surgery or physical therapy. For severe injuries, victims can recover economic damages (e.g., medical bills, lost wages) and non-economic damages (e.g., pain and suffering).
• Non-severe injuries: For minor injuries, the victim can still recover medical costs but may not be entitled to non-economic damages unless the dog had a history of aggressive behavior.

Key Statutes to Note:

• Pennsylvania Dog Law (3 P.S. § 459-502): This statute outlines that dog owners are responsible for any damages caused by their dog attacking a person, domestic animal, or property.
• Statute of Limitations: Those injured by a dog in Pennsylvania have two years from the date of the injury to file a lawsuit.

Factors Affecting Dog Bite Settlements in Pennsylvania

Several factors influence the size and scope of dog bite settlements in Pennsylvania, including the severity of the injuries, the circumstances of the attack, and whether the dog owner had previous knowledge of their dog's aggressive behavior. Below are the main considerations that impact settlement amounts:

Severity of the Injuries

The extent of the physical and emotional harm plays a major role in determining the compensation a victim receives. Common injuries from dog bites include:

• Puncture wounds
• Scarring or disfigurement
• Nerve damage
• Emotional trauma, such as PTSD

Severe injuries that require surgeries or result in permanent scarring tend to lead to higher settlements. For instance, permanent disfigurement could significantly increase the value of the claim, as victims may also seek compensation for future medical treatments or plastic surgeries.

Medical Expenses

Medical expenses are often the largest component of a settlement. This includes:

• Emergency room visits
• Surgery or stitches
• Medication and medical supplies
• Physical therapy

The settlement will cover both past and future medical costs, especially if the injury requires long-term care.

Lost Wages

Victims who miss work due to their injuries can recover compensation for lost wages. In cases of serious injuries that prevent a return to work or limit the ability to earn a living, victims may also seek compensation for loss of future earning capacity.

Pain and Suffering

Pennsylvania law allows victims to seek damages for pain and suffering, including emotional distress. This compensation reflects the physical pain endured as well as the psychological toll, such as anxiety, depression, or fear of dogs.

Dog Owner's Negligence

If the dog owner was negligent, such as failing to secure the dog or ignoring previous aggressive behavior, this can strengthen the victim's claim. Evidence that the dog owner knew the dog posed a threat can lead to punitive damages, further increasing the settlement value.

What to Expect During the Settlement Process

While each case is unique, most dog bite settlements in Pennsylvania follow a general process:

Filing a Claim

The first step in going after compensation is filing a claim with the dog owner's insurance company. This usually includes documenting the incident, injuries, and medical expenses. A personal injury attorney will assist in negotiating a fair settlement.

Insurance Negotiations

Dog bite claims are typically handled through homeowner's or renter's insurance policies. Pennsylvania law requires insurance companies to compensate victims for their medical expenses and other losses. However, insurance companies often aim to minimize payouts, so having a legal representative is beneficial in securing the full amount.

Settlement Offer

Once the insurance company evaluates the claim, they may offer a settlement. Victims should be cautious about accepting the first offer, as it may not fully cover future medical needs or pain and suffering.

Court Proceedings (If Necessary)

If a fair settlement cannot be reached, the case may proceed to court. While most dog bite cases are resolved outside of court, filing a lawsuit can put additional pressure on the insurance company to settle.

Typical Dog Bite Settlement Amounts in Pennsylvania

Settlement amounts vary depending on the factors mentioned, but on average, dog bite settlements in Pennsylvania range from $30,000 to $50,000 for severe injuries. Cases involving permanent disfigurement or loss of future earning capacity can exceed $100,000.

Some notable statistics include:

• According to the Insurance Information Institute, dog bites accounted for over $880 million in liability claims nationwide in 2022.
• The average cost per claim in Pennsylvania has risen over recent years, reflecting the increasing medical expenses and litigation costs associated with dog bite injuries.

Conclusion

Dog bite settlements in Pennsylvania can provide victims with much-needed compensation for their injuries, medical costs, and emotional suffering. By knowing the legal framework and working with an experienced attorney, victims can ensure they receive a fair settlement to cover both immediate and long-term needs.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania's Dog Bite laws can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.