Settling an Injury Claim Deriving From a Dog Bite

The truth is that every single case involving a dog bite is particularly different. However, as it is with every single case, going to trial means taking a chance. Even if you are 100% sure that all the grounds you have are legit and enough to get you that win, there is always the possibility of the jury ruling against you. That’s why you might want to go for a settlement – this way you are guaranteed to get what you want, or at least partially.

There are two things that would need to happen in order for the parties to reach a settlement agreement – the parties are agreed upon the estimation of the compensation that the jury would have had awarded and the defendant or the dog owner feels like he can be  found liable. Let’s dig a bit deeper in both premises.

The Parties Need To Reach an Agreement on the Cost

This is something particularly important. When it comes to dog bites, under the Dog Owner’s Liability Act and the rather stringent responsibility and liability which is set forth in it, the defendant may have to pay quite a lot of damages. This is due to the fact that there are physical as well as damages for emotional distress and pain and suffering. Compensations can quickly go through the roof in case he hasn’t done anything to prevent the dog bite and a court might award a tremendously large amount of money.

Of course, there is always uncertainty. That is why the parties need to reach an agreement on what they believe the jury or the judge would have had awarded had they undergone a lawsuit. This isn’t an easy task but that’s why there are lawyers involved.

Can The Defendant Lose In Court?

This is another thing that’s going to affect the settlement. If the defendant feels like he won’t lose or that the amount that’s going to be awarded is way lower than the one which is agreeable with the settlement, he might want to take the case all the way and reach a ruling.

However, if he feels like there is a chance of losing, he will definitely settle. He wouldn’t risk having to pay court fees, the fees of the opposing lawyer and interest rates. That is one of the reasons that most of personal injury cases are settled out-of-court and seldom go on trials. However, ir is best to let an expert lawyer negotiate on your behalf as you might buckle down to pressure of the insurance company’s legal team.

As you can see, there are a few things that need to add up in order for the case to be settled. Generally speaking, not a lot of personal injury claims reach the court because the parties find it significantly more appropriate and profitable to go for a settlement. Of course, a proper amount needs to be duly negotiated.