Settlement?

[Momwdogbite]

What is the name of your state (only U.S. law)? VA

My son was at a neighbors playing about a year and a half ago. He was 7 years old at the time. He and their sons (aged 8 and 6) were goofing around with 3 other boys. Their German Shepherd ran over, knocked him down and bit him on the head. He had 42 stitches total near his ear and in the back of his head.

We have hired an attorney. Our medical insurance company told us that since there was liability on the owner's part, they would seek reimbursement of medical costs. The total costs at the time were $2000. He went for 6 months to therapy, because he began wetting the bed, and a whole host of other issues.

We had him reevaluated this summer for his scars, to see what the future costs will be to revise them if he so chooses. The estimate for the doctor runs about $5000 for future care. He may want hair follicle replacement, because a huge scar on the side of his head no longer grows hair.

I have no idea what a fair settlement would be. The attorneys are going to be calling next week. I am not looking for anything substantial, but how is a dollar amount placed on this? As it is, the neighbors have severed ties with us. They did not want us to contact their insurance because they don't want to have to get rid of their dog.

[ecmst12]

You need be in no hurry to settle, in most states the statute of limitations does not begin to run until a minor reaches 18. So there is no need for you to have to estimate costs for future treatment and care. Wait until all treatment is complete and you know how disfigured he will be in the end.

Your neighbors need to get rid of their dog, it has clearly proven to be dangerous to humans. If they were responsible dog owners, they would not question this.

[Momwdogbite]

Originally Posted by ecmst12

Your neighbors need to get rid of their dog, it has clearly proven to be dangerous to humans. If they were responsible dog owners, they would not question this.

While I agree wholeheartedly, VA has a one-bite rule for dog bites. There were no previous bites for this dog, so the owners do not feel they need to. It was upsetting to me that they were more concerned for the dog at the time than my son, but....that's all in the past.

Thanks for the response.

[adogsbark]

Originally Posted by Momwdogbite

While I agree wholeheartedly, VA has a one-bite rule for dog bites. There were no previous bites for this dog, so the owners do not feel they need to. It was upsetting to me that they were more concerned for the dog at the time than my son, but....that's all in the past.

Thanks for the response.

Hello, it sounds like you are in a very trying situation. And I'm very sorry that your son has, literally and truly, been put through so much suffering and that he will have to carry physical scars throughout his life. And it is a shame that your neighbors have reacted so poorly.

To give you some sense of what some people seek for settlement or damages, I can share my own experience - I am a dog owner. I received a complaint against me for a dog bite incident. My newly adopted puppy, who was leashed in a pet food store - that invites leashed pets into the store - nipped the pet food store manager on the nose after she picked open a scab on top of the puppy's head). The injuries to this lady were minor - she worked the rest of the day at the pet food store and went to her neighborhood medical clinic that evening. The puppy did break the skin across her nose. She was bruised, but required no stitches. She and her attorney are suing for $50K.

I imagine the amount of $ you ask for depends on state statute limitations, case precedents (which your attorney can help you determine) and how you decide to quantify pain and suffering, which really does seem considerable!

I wish you the very best of luck!

[Willlyjo]

My son was at a neighbors playing about a year and a half ago. He was 7 years old at the time. He and their sons (aged 8 and 6) were goofing around with 3 other boys. Their German Shepherd ran over, knocked him down and bit him on the head. He had 42 stitches total near his ear and in the back of his head.

We have hired an attorney. Our medical insurance company told us that since there was liability on the owner's part, they would seek reimbursement of medical costs. The total costs at the time were $2000. He went for 6 months to therapy, because he began wetting the bed, and a whole host of other issues.

We had him reevaluated this summer for his scars, to see what the future costs will be to revise them if he so chooses. The estimate for the doctor runs about $5000 for future care. He may want hair follicle replacement, because a huge scar on the side of his head no longer grows hair.

I have no idea what a fair settlement would be. The attorneys are going to be calling next week. I am not looking for anything substantial, but how is a dollar amount placed on this? As it is, the neighbors have severed ties with us. They did not want us to contact their insurance because they don't want to have to get rid of their dog.[/quote]

Your son went through a very traumatic experience!! Not only was he disfigured, he sustained severe emotional distress from the ferocious dog attack! It will take hours of theraphy to get his mind back to normal I would think. Based on what you've told us considering future expeditures and the severity of the attack and the scars, both physical and mental, I believe your settlement should be in the middle six figure range.

[las365]

Based on what you've told us considering future expeditures and the severity of the attack and the scars, both physical and mental, I believe your settlement should be in the middle six figure range.

Okay, Willyjo, stop it. Nothing the OP has posted indicates that this is a half-million dollar case, or that the insurance policy limit is anywhere close to that. If you have some kind of legal experience that you are basing your opinion on, please share it. Otherwise, it is irresponsible and not helpful to suggest unrealistic settlement expectations.

Besides that, the OP has been gone for over two weeks.

[Momwdogbite]

Originally Posted by las365

Okay, Willyjo, stop it. Nothing the OP has posted indicates that this is a half-million dollar case, or that the insurance policy limit is anywhere close to that. If you have some kind of legal experience that you are basing your opinion on, please share it. Otherwise, it is irresponsible and not helpful to suggest unrealistic settlement expectations.

Besides that, the OP has been gone for over two weeks.

I'm still here....just watch the board occasionally. I am not expecting a large settlement, nor do I desire one. In actuality, none of what is recovered would be mine anyway. It's all for him.

I will just wait to hear what the lawyer thinks.

Thanks everyone!

[las365]

Hi there momwdogbite. Emcst12 is right about there being no rush to settle, but it is generally better to get money now than later. If put into an annuity (which used to be a very safe thing, I don't know in today's financial crises ) it should increase nicely over the years until it's time for your son to receive the payouts.

Because your son is so young and his potential future medical treatment is so far away, his case may be more expert-driven than a typical personal injury case. The projected cost of future care should be calculated by an expert economist who can put today's estimates (for physical and psychological treatment if needed) into future dollars. What would cost $5K if done today might cost $20K in 12 years (those numbers are purely made up as an example). Such experts are expensive, but can be well worth it.

Contrary to popular belief, there isn't a set formula that's used to calculate settlement value. One factor that will probably be helpful to your son's case is that juries don't like it when dogs attack little kids, especially when the attack leaves life-changing visible scars. The insurance company will probably be willing to pay rather than risk a jury trial.

[Momwdogbite]

Originally Posted by las365

Hi there momwdogbite. Emcst12 is right about there being no rush to settle, but it is generally better to get money now than later. If put into an annuity (which used to be a very safe thing, I don't know in today's financial crises ) it should increase nicely over the years until it's time for your son to receive the payouts.

Because your son is so young and his potential future medical treatment is so far away, his case may be more expert-driven than a typical personal injury case. The projected cost of future care should be calculated by an expert economist who can put today's estimates (for physical and psychological treatment if needed) into future dollars. What would cost $5K if done today might cost $20K in 12 years (those numbers are purely made up as an example). Such experts are expensive, but can be well worth it.

Contrary to popular belief, there isn't a set formula that's used to calculate settlement value. One factor that will probably be helpful to your son's case is that juries don't like it when dogs attack little kids, especially when the attack leaves life-changing visible scars. The insurance company will probably be willing to pay rather than risk a jury trial.

Thank you! The main reason I'd like to put this behind us is to explain to our neighbors that if it weren't for our insurance company looking for compensation for the expenses, we would have never opted to go to a lawyer. I hate that the children look at eachother awkwardly out on the soccer fields (they play on opposing teams in the same league) because we haven't been able to talk to them. It's been a long time since the accident, yet the cloud still hangs over with this pending.

Anyways, will get back in touch with the lawyers I'm sure after the holidays have passed and we'll see where it goes from here. It's just tiring. I would much rather settle than have to go to trial, that is for sure.

Thanks again!

[Slaw21]

Originally Posted by ecmst12

You need be in no hurry to settle, in most states the statute of limitations does not begin to run until a minor reaches 18. So there is no need for you to have to estimate costs for future treatment and care. Wait until all treatment is complete and you know how disfigured he will be in the end.

Your neighbors need to get rid of their dog, it has clearly proven to be dangerous to humans. If they were responsible dog owners, they would not question this.

lol are you serious ? The dog knocked over a small child, an animal knocked over a smalll animal.

Perhaps a few classroom instruction on domesticated animal behavior could enlighten your ignorance? Domestication doesn't mean absolute obedience, even still the margin of unapproved behavior intertwined with animal nature can not be held to the standard of whats acceptable or not.

With that in mind we have NO IDEA how this outcome came to be.

Did the child strike the dog ?
Was the child playing and accidentally ran into the dog ?

Worst case scenario, the child was reading the bible in the corner of the field and the dog procreated an intention of forcing him to stumble to the ground.

If so, was this dog a puppy ? Does it have a history of violence ? ( Witness confession)

Dogs are seen to many as a vital part of the family. I highly recommend you ignore ECM advice with regards to any intentions on removing that dog from it's owner.

[ecmst12]

The dog viciously attacked a small child, mauled and permanently scarred him. That dog is not properly socialized and probably never will be. It does not belong in a home where it will be around children, at the VERY least.

[swrdmbo]

You wrote "lol are you serious ? The dog knocked over a small child, an animal knocked over a smalll animal. "
Are you serious??? The dog did much more than just knock the child down!! Reread the post!

This was a viscous attack by a large dog...a breed known for their aggression. The owners of this dog have a huge problem. A dog that bites as viciously as this one , especially to a small child, is a very big risk, and quite dangerous. This is not normal dog behavior.

I am a dog lover, have been all my life, and I will tell you Slaw 21 that this is a huge problem, and another such incident is almost a given.

This is not a harmless, natural interaction "between animals" !

[Momwdogbite]

Looks like future expenses + inflation will be approx $15,000 for my son's injury. The demand package has been sent in for $85K. Is this reasonable? Also, the insurance company is asking for updated pictures of the injury. My son, being an overly sensitive middle school kid now, has grown his hair long because he was tired of people asking about said injuries. Should I make him shave his head to appease the insurance company?

Thanks!

[cyjeff]

Originally Posted by Momwdogbite

Looks like future expenses + inflation will be approx $15,000 for my son's injury. The demand package has been sent in for $85K. Is this reasonable? Also, the insurance company is asking for updated pictures of the injury. My son, being an overly sensitive middle school kid now, has grown his hair long because he was tired of people asking about said injuries. Should I make him shave his head to appease the insurance company?

Thanks!

I hope not.

Can you comb the hair in such a way where the scar and the resultant hair loss can be seen?

[Momwdogbite]

Originally Posted by cyjeff

I hope not.

Can you comb the hair in such a way where the scar and the resultant hair loss can be seen?

We tried that in the pictures we sent them already. I'm waiting to hear back from the plastic surgeon's office we took him to over the summer. He took pictures with measurements before son started growing his hair out. I can't imagine why we haven't gotten copies of those pictures.

The scar on the side of his head where the hair loss is gone, is crescent shaped over his ear. Some areas are visible, some others are more difficult to see.

Off to call the dr's office again - called them on Thursday and have not heard back just yet.

When I told son we might have to cut hair, he went in his room and cried for a good 30 mins....oh the joy of a tween son!