Dog Bite Insurance - Can You Sue Without insurance? - Washington State Dog Bite Lawyer

If there is no insurance, then it is extremely unlikely that the dog bite victim will be able to receive compensation for damages.

Part Two - Breed-Specific Legislation: aka Breed Ban Laws in Washington State - Seattle Lawyer

Central to the argument that certain breeds should be banned, according to Animal People, is that those uniquely dangerous breeds like pit bull mixes and Rottweilers often tend to attack without the series of warnings that most other dogs provide first, and then often inflict immediate and severe injuries, whereas most other breed-types will inflict disabling, disfiguring, or fatal injuries only in sustained attacks or pack attacks.

Part One - Breed-Specific Legislation: aka Breed Ban Laws in Washington State - Seattle Lawyer

A 2003 study that addressed the effectiveness of a pit bull ban.

Does the Dog’s Breed Matter? - Breed Bans in Washington State - King County Dog Bite Law - Seattle Attorney

Pit bull terriers, Rottweilers, Presa Canarios and their mixes accounted for 74 percent of reported attacks from 1982 through 2005.

Preparing for Trial in a Dog Bite Lawsuit - Washington State Dog Bite Law - Seattle Lawyer

A jury trial does not happen automatically. One party must specifically request that the case be decided by a jury as opposed to a judge.

Mediation in Dog Bite Lawsuits and Settlements - Washington State Dog Bite Law - Seattle Attorney

In mediation, the parties agree to hire a retired judge or an experienced attorney who will assist the parties in reaching a settlement.

Dog Bite Law Suit - The Discovery Process - Washington State Dog Bite Law - Seattle Attorney

The deposition is an important legal proceeding that should involve preparation on the part of the attorney and the person who is going to be deposed. In my office, we make great efforts to make sure our client (the dog bite victim) is well prepared.

The Legal Process for Dog Bite Lawsuits in Washington State - Seattle Dog Attack Lawyer

In Washington, this time is usually 3 years from the date of the incident giving rise to the claim. This deadline is called the statute of limitations. In claims involving minor children, the statute of limitations period is usually tolled (delayed) and will not start to run until the child’s 18th birthday. Then the child has three years until his or her 21st birthday to settle the claim or file a lawsuit.

Part #3 - How Much Is A Dog Bite Case Worth? - Washington State Dog Bite Lawyer In Seattle

And unless you are in the business of evaluating and settling dog bite cases for a living, you should look to an experienced personal injury attorney for guidance.

Part #2 - Determining the Value of a Dog Bite Case - Seattle Dog Bite Lawyer - Washington State Law

A strong defense concerning the dog owner’s liability can significantly affect the value of a dog bite case.  That is, if the defense can show that a jury might not find the dog owner at fault, or find that the victim provoked the animal, then the settlement value of the case will be reduced to reflect the risk that no recovery or a reduced recovery may occur.  The merits of a particular defense alleged by the dog owner should be thoroughly evaluated by competent and experienced counsel so an appropriate risk-benefit analysis can be made about whether to go forward with a trial.

Generally speaking, a case is worth the amount of damages inflicted on the person who has been injured.  These damages may be easy to calculate, like past and future medical charges, lost earnings, lost earning capacity, and property loss.  But the law also states that the injured person has the right to recover compensation for other “intangible” harms.  It is these “intangible” harms that are more difficult to calculate. 

Such intangible harms may include those subjective harms that the dog bite victim has experienced from the injury, including pain, agony, disability, disfigurement, loss of enjoyment, inconvenience, and mental anguish.  These intangible harms are purely subjective, difficult to determine and their existence or degree may often vary among the people (or jurors) who are deciding the case.  Ultimately, the value of a dog bite case is determined by the jury (or a judge if the case is a bench trial).  When a claim arises, the injured person’s attorney and the at-fault person’s insurance company (and the defense attorney if the case is in litigation) continually try to evaluate how a jury might see the case and how much money a jury might award.  Then each side will assign a value or a value range, and try to negotiate a settlement close to each side’s own range.  

 An attorney will use his or her experience and expertise to help establish a reasonable range of money into which a jury’s verdict might fall.  Nothing is certain however.  Any case can be lost at trial because juries are very unpredictable.  You never know what group of people you will get on a jury.  Two different juries can produce two very different verdicts, even when presented with the same evidence and testimony.  You may get a “good” group of jurors or a “bad” group.  Common to popular myth, you cannot “select” a good jury over a bad one.  The law only allows each side to strike 3 jurors out of a panel of 30 to 40 people.  Thus, a trial is always to a certain extent a gamble.  There is no guarantee that a jury will reach a favorable verdict, no matter how good you or the attorney believe the case is.

As stated previously, sometimes it may take many months or years before the value of a dog bite case can be adequately assessed.  One reason for this is because of the slow progress of the person’s recovery or rehabilitation.  Another reason is the complexity of the injury or condition that may cause a significant delay in a firm diagnosis by the treating physician.  Another reason is that it may take a long time before the person’s scarring and/or disfigurement is considered permanent according to the doctor.

Although many attorneys believe a case should not settle until the person obtains maximum improvement from the injury, it may not be prudent in the case of dog bite to a child.  Sometimes it may take many years before a child’s condition may become fixed and stable, but there may be a stronger need to recover compensation to help fund the child’s treatment expense or other special needs.  Sometimes the child’s injuries can resolve or even disappear over many years (like a significant scar), so waiting to resolve the claim can actually produce a lower settlement value.  The time frame involved in settling a child’s injury claim is really a judgment call by the child’s parents, the attorney, and the Settlement Guardian ad Litem.

There is another reason to start the litigation and/or settlement process sooner in the case of an injured child.  The child’s young age may also provide a compelling basis for the jury or insurance company to determine a higher level of compensation.  Simply put, a young child can often evoke more sympathy and concern among jurors than an adult.  A jury may be much more willing to award higher compensation if they see how vulnerable the child was at the time of injury.  If the settlement of the claim is delayed until the child reaches young adulthood then this compelling advantage may be lost.

Part #1 - Determining the Value of a Dog Bite Case - Washington State Dog Bite Lawyer In Seattle

There are so many different factors that may influence the value of a claim that it is virtually impossible to create some type of formula that can reliably predict the value of any given case.

Washington State Statute of Limitations for Dog Bite Cases Involving Children - Seattle Attorney

Thus, a child will usually have until his or her 21st birthday to settle the claim or file a lawsuit in court.

Dog Bite Cases: Negligence or Provocation by the Child - Washington State Animal Attack Law - Seattle Attorney

s means that any time a child under age 6 has been injured by a dog, the dog owner’s is not permitted to argue that the child was at fault.

Parental Immunity in Dog Bite Cases - Washington State Dog Bite Law - Seattle Attorney

One question that arises is whether a child’s parent can be held responsible for injuries inflicted upon the child by the family dog.  The answer is often no.  Washington State recognizes a law called the Parental Immunity Doctrine.  Under this doctrine, a negligent parent is immune from liability for injuries caused to the child unless the parent was acting outside his or her parental capacity, or if the child’s injuries were caused by a parent’s willful and wanton misconduct.  In the case of a family dog injuring a child, the parents will likely be immune from liability under this doctrine.

The Legal Process for Dog Bite Cases Involving Children

The legal process for child injury claims differs from the legal process for cases brought by adults.  For starters, a child under the age of 18 is considered a minor.  In Washington, a minor cannot file a lawsuit on his or her own.  This can only be done by a guardian appointed by the court.  A guardian is someone who the court believes will adequately protect the child’s interests and do what is best for the child in the legal case that is being filed on the child’s behalf. 

If the child’s dog bite case cannot be settled with the dog owner’s insurance company, the next step is to file a lawsuit.  To start a lawsuit, a petition must be filed, asking the court to appoint a suitable guardian who will bring the lawsuit on the child’s behalf.  Oftentimes the guardian appointed by the court will be the child’s parent or parents.  However, there may be a problem with using the child’s parents to act as guardians.  If there is a potential argument that the parent was somehow responsible for causing the child’s injury, then there may be a conflict of interest between the interests of the child and those of the parent.  In that situation a parent may be prohibited from acting as the child’s guardian for purposes of bringing a lawsuit. 
Once the court grants the petition, an order is entered stating that the guardian is authorized to bring a lawsuit on behalf of the child. In addition to filing the petition, there are additional documents called pleadings that must be filed in court along with a fee paid to the clerk.  These pleadings are called the summons and complaint.  The case then proceeds in much the same way that one would for an adult.  Please refer to the next chapter for a detailed discussion of the legal process of a dog bite case.

The Settlement Process for Dog Bite Cases Involving Children - Part Two - Washington State Dog Bite Attorney

Once the SGAL has concluded the investigation and issued a report, the child’s attorney must draft and file a petition with the court asking the judge or court commissioner to approve the settlement.

The Settlement Process for Dog Bite Cases Involving Children - Part One - Washington State Dog Bite Attorney

In Washington, there are special conditions that must be met for the settlement of a child injury claim. In every settlement of a minor’s claim, whether filed in court or not, the Superior Court shall determine the adequacy of the proposed settlement and decide whether to reject or approve it.

Part Two - Is it a crime to have a dangerous dog in Washington State? - Seattle Dog Bite Lawyer

My advice to dog owners is this: don’t risk keeping or harboring a dog that you know or should know is dangerous or potentially dangerous.

Statistics and Basic Facts About Children and Dog Bites - Washington State Dog Bite Law

Of the one million dog bites that are reported each year, about 60% involve an injury to a child. Approximately 70% of dog bite wounds are inflicted on the child’s face.

Part One - Is it a crime to have a dangerous dog in Washington State? - Seattle Dog Bite Lawyer

There are certain defenses available to a dog owner who is criminally prosecuted for owning a dangerous or potentially dangerous dog.

#9 - Nine Mistakes Dog Bite Victims Should Avoid - King County Washington Dog Bite Lawyer in Seattle

You might need an attorney for your dog bite case. Becasue the insurance djustor will be well-versed on the law and understand the defenses and arguments available in a dog bite case.

#8 - Nine Mistakes Dog Bite Victims Should Avoid - King County Washington Dog Bite Lawyer in Seattle

When it comes to dog bite cases, although it sounds like a cliché, honesty is absolutely the best policy.

#5 - Nine Mistakes Dog Bite Victims Should Avoid - Washington State Dog Bite Law - Seattle Attorney

The insurance company will be looking for any information in your past medical history to build its case against you.

#6 - Nine Mistakes Dog Bite Victims Should Avoid - Washington State Dog Bite Law - Seattle Attorney

You should keep a file to store documents, photographs, and records related to the claim, like receipts, medical records, names and phone numbers of witnesses, correspondence from the insurance company, the address and phone number of the dog owner, information about the dog, investigative reports from the authorities, etc.

#7 - Nine Mistakes Dog Bite Victims Should Avoid - Dog Bite Statutes in King County Washington - Seattle Attorney

The insurance adjustor knows that a person who really needs the money fast is in a much weaker position to ask for a higher settlement. Therefore, don’t appear too eager to settle. Take your time.