I'm suing my uncle for my daughter's facial scars

[dogbitevic]

What is the name of your state?What is the name of your state? PA
I just want to know if it is taboo to file a claim against a relative. I am losing sleep over this decision I have to make. My uncle's dog bit my 3 year old daughter in the face around her mouth. It was during a party & there were plenty of witnesses who said my daughter didn't even touch the dog. She was simply standing near it while a grown-up was playing with him. Come to find out that the dog bit another little girl in the face last summer. Both girls needed stitches in their faces. My daughter's upper & lower lips were sliced open above & below the lip lines. She required about 18 stitches. Although our insurance company has paid for everything so far, my husband & I talked to an attorney b/c I'm devastated that my daughter has 2 facial scars she needs to live with. I want her compensated for her future pain & suffering. At 3 years old she is very happy but I worry about her when she reaches her teens & twenties...I don't know what impact these scars will have on her. It has only been about 6 weeks & the plastic surgeon said she may or may not need scar revision surgery in 4-5 years. So it will be years and years before we know what her face's outcome will be. My uncle was hurt that we talked to an attorney & has offered over & over to pay any out-of-pocket expenses. We told him out daughter's face is priceless & she deserves something above & beyond her medical bills being paid. The incident should have never happened since he knew his dog had bitten before. He has homeowner's insurance so it's not as if we are taking his personal assets, but he is still incensed. It has caused a rift among many members in our family who are starting to take sides. We have told our lawyer to hold off until we talk to the plastic surgeon next month to see how he feels her face will heal ultimately. We are trying to be reasonable & patient, but I want my daughter taken care of.
Somebody please tell me something that will help me feel better about this decision. Thanks!

[panzertanker]

Originally Posted by dogbitevic

Somebody please tell me something that will help me feel better about this decision. Thanks!

Family or not, your daughter was injured.

She may bear scars for the rest of her life.

It is NOT her fault, she is 3 YEARS OLD. Your Uncle should have put the dog up.

Do what you need to....

[stephenk]

does your uncle have homeowner's insurance? If yes, tell him not to worry, that you are only going after his insurance and not him personally.

Finally, put in an anonymous call to Animal Control to report the dog. maybe they will put the dog down for everyone's sake. I bet your uncle still keeps the dog, right?

[PoHeadway]

I myself was biten by my brothers dog last summer that has now left me disabled. My suggestion is to certainly file a home owners claim against your brothers home owners insurance policy. That's what your brother has insurance for. It doesnt come out of his pocket unless the damages awarded are more than what his insurance coverage is. Most cases don't go to court, for one reason or another. It can be too expensive for the insurance company and all involved. Your daughter being as young as she is will more than likely be compensated greatly for her scars,past, present, and future. She is entiltled to it and don't let anyone tell you different. Do what is right for your daughter and get her what she deserves. I'm in a battle with my brothers home owners insurance company. They don't want to make an offer. It's been 11 months and no offer yet. Mt brothers policy was for $300,000 and I feel I deserve every penny of it seeing how his dog has left me with the use of one hand/wrist, for the rest of my life. The dog bite changed my life completely. I have had to give up so much that I loved because I can no longer do them with the use of only one hand. As far as family is concerned, it doesn't matter who's dog it is. You have to do what is right. You probably would not hesitate for a second on this matter if it was someone elses dog,would you? My family is also in turmoil.so to speak, over my brothers dog biting me. My brother also feels I am coming after him and everything he owns. I just got a call from him 2 days ago and he told me not to bring my two little children over to play because he didnt want me to have a second claim on his insurance policy,if something should happen. This has set our family into another spin because no one in the family can believe he called me and told me not to bring my kids to his house. My brother is more worried about his policy premiums going up then he is about how his own brother is compensated for his dog viciously bitng me. It's sad but true. I have tried to be mr nice guy through all this but to call me on the phone and tell me not to bring my kids over because I already have one claim on his insurance and that I don't need another, is just a little too much. I'm sorry for rambling on. You need to pursue this dog bite and get what your daughter deserves regardless of the fact that it is a family member involved. They should ,in my opinion, be helping you do everything possible to assist you in getting what she deserves. I take it they have not. As in my case also. Forget that it is family and do what is right. Your daughter has it coming and you shouldn't be even questioning whether or not to file. FILE!

[Mister Darcy]

Regardless of what anyone may tell you to the contrary, your first responsibility is to your child, not your uncle. Do what is right for your child and don't worry about your uncle.

[MysticPrincess]

Like yourself my 2 year old daughter was attacked by my husbands cousins dog. The dog had a history of severe violence and was locked into a back room. I stepped outside for a minute to check on my son when I heard screaming. My daughter had followed the cousins wife into the room and was attacked. The dog tore a 1 1/2" opening under her eye and also punctured through her cheek with multiple pressure point wounds and scratches around her cheek, chin, lip, forehead and around the back of her head including her ear. Because it was done at a residence (family or not) the hospital billing department asked for the homeowners insurance information. In addition to the accruing medical bills which are now over $11,000.00 the insurancy compnay wanted us to settle on $20,000.00. That left my daughter with a little less than $9,000.00 after present medical bills and not including the estimated $15,000.00 for laser pulse dye and laser skin resurfacing that the plastic surgeon suggested she receive when she is older as they can not do it now since a childs face is constantly growing and the skin is stretching. They did not even offer her the full amount amount required to pay for the suggested treatment. Because of that alone I did retain legal counsel and was told that my daughters case was worth well over $100,000.00 and that they wanted something for her pain and suffering. My daughter is now terribly afraid of dogs, something that she once loved and will have an almost certain difficult time in school as children especially girls can be very cruel towards difference. As far as the family situation goes, we are still VERY close and they now understand why I did it. Their daughter had an accident just a short while ago and now has a permanant scar on her forehead between her eyes. Until they see the damage it can have on their own hild they may have a hard time understaning it, but I want to make sure that my daughter has every option available to her whether it is now or later and you should feel the same way. It was not your daughters fault that you were at that house or that he had that dog that has been known to bite. Give her the best she deserves it.

[dogbitevic]

Thanks for everyone's responses & advice. I just wanted to update everyone. We saw the plastic surgeon last week & he told us she looks like she is healing well but we still need to wait 4-5 years to see the end result & determine if scar revisions are necessary. We came to the decision that we are definitely filing a claim against my uncle's homeowners insurance for pain & suffering & future medical expenses. Our lawyer told us the insurance company may not pay a claim for many years b/c they want to see how she heals & hope the scars diminish. That is what I pray for too. If her scars fade to the point where you cannot see them close up, and the insurance company doesn't give her a dime...I am fine with that. I'd rather have my daughter's perfect face/smile/skin back than any amount of settlement she could possibly "win".
I called my uncle & it was an awkward conversation but he did give up his insurance info. The lawyer is going ahead with the claim as we speak. I slept soundly for the first nite since this traumatic incident occurred. I know I am doing everything possible for my daughter now...no more pangs of guilt or worry that people will think we're being greedy. My daughter was injured & she is entitled to compensation other than just her medical bills being paid. If we're not invited to this uncle's house again, no real loss there. We won't be going over there anyway b/c they still have that vicious friggin' dog.
TTFN...

[Blue Meanie]

Originally Posted by dogbitevic

Thanks for everyone's responses & advice. I just wanted to update everyone. We saw the plastic surgeon last week & he told us she looks like she is healing well but we still need to wait 4-5 years to see the end result & determine if scar revisions are necessary. We came to the decision that we are definitely filing a claim against my uncle's homeowners insurance for pain & suffering & future medical expenses. Our lawyer told us the insurance company may not pay a claim for many years b/c they want to see how she heals & hope the scars diminish. That is what I pray for too. If her scars fade to the point where you cannot see them close up, and the insurance company doesn't give her a dime...I am fine with that. I'd rather have my daughter's perfect face/smile/skin back than any amount of settlement she could possibly "win".
I called my uncle & it was an awkward conversation but he did give up his insurance info. The lawyer is going ahead with the claim as we speak. I slept soundly for the first nite since this traumatic incident occurred. I know I am doing everything possible for my daughter now...no more pangs of guilt or worry that people will think we're being greedy. My daughter was injured & she is entitled to compensation other than just her medical bills being paid. If we're not invited to this uncle's house again, no real loss there. We won't be going over there anyway b/c they still have that vicious friggin' dog.
TTFN...

You never said if you reported this to Animal Control?? If you have not...you need to report so that another child won't be hurt!


Sorry.....didn't notice that this was a 4 month old thread!! DUH!!

[dogbitevic]

I haven't been to this site in quite a while but I wanted to update ya'll on the settlement that was reached for my daughter who was bitten in the face by my uncle's dog. I did hire an attorney who filed a claim to the homeowners insurance company. My attorney never even told me what this case would typically be worth so I didn't know if I should expect $10K or $50K on behalf of my daughter. I guess he doesn't like to get his clients' hopes up.
He ended up asking the insurance company for $150K. They came back immediately with an offer of $100K. He went back & asked to meet in the middle for $125K but they came back with $115K.
I was floored! I am so happy for my daughter who doesn't even know anything about this. She is only 6 now (3 when it happened). She won't be able to touch this $ until she is 18 & even then it will be paid out over a 12 year period so she can't blow it all in her youth. It is in an annuity that will grow tax-free over this time and will be worth double the final settlement number. That is even after the lawyer fees of 25%.
On the down-side, my uncle & I don't speak & he even cut out my father (his brother) and the rest of my immediately family...as if they all had anything to do with my decision to sue him for his carelessness with a vicious dog. He still has it b.t.w. It was very sad b/c my grandmother died recently & the funeral was very uncomfortable. I hoped that event might bring reconciliation at least among my dad & uncle but it didn't.
No matter that my daughter has this nest egg to give her a nice start in life, I still wish it never happened. She still has 2 visible scars & the family breakdown is a bummer.
Advice for dog owners: Keep your dogs away from kids if they have ANY aggressive history...don't make excuses for them. It is NEVER the kid's fault. For everyone's sake, please put your dogs away during parties...even if your dog seems gentle & has no bad history.
Advice for dog bite victims: Take lots of pictures immediately if you are bitten. Take pictures every few weeks as well to show how a scar is healing. Type out a statement, even just to yourself, immediately so you have all the facts nailed down. Get witness statements too, if there are any. Call the police & animal control to get it officially recorded as soon as it happens. Get an attorney! These types of case don't cost you a penny out of pocket to consult one. Don't try to settle it with an insurance company by yourself. Even if your lawyer takes 1/3 of a settlement...1/3 of a lot more than what you'll get without him/her.

[justalayman]

It is a shame this situation happened at all and considering the dog bit a child prior to this, your uncle has no reason to grip about anything. Too bad he is not man enough to take responsibility for his dogs actions and move on with life.

Hope the daughter heals well and hope someday the uncle comes to his senses (although I wouldn't hold my breath. I have seen much worse situations for much less)

Glad to see somebody come back and let all know how things ended up. Not much worse than starting to read a book only to realize the last chapter is missing.