A dog attack can be a terrifying experience, leaving you in pain, injured, and, in some cases, disabled. Shelly Leeke Law understands the unique challenges of a dog bite case and endeavors to empower you with the knowledge to make informed decisions about your situation. The legal process can be long and stressful, so many people wonder how likely their case is to go to court or settle.
If a dog attack has injured you, the relief of having an experienced attorney on your side cannot be overstated. Our North Charleston dog bite lawyer is here to help you understand your options and what you may be able to expect from a dog bite court case. We have been part of the South Carolina community for over ten years, and we are eager to provide you with individualized and compassionate support in your case.
South Carolina Dog Bite Cases
South Carolina has countless dog-friendly cities and attractions, from the downtown paths in Greenville to beaches along the coast. These environments are great for building community and encouraging people to get out with their pets, but they also offer more opportunities for possible dog bites.
There are an estimated 90 million dogs in the United States, with 4.5 million reported bites. Of these 4.5 million bites, the Insurance Information Institute (III) reports that the average cost per claim has increased nearly 83% over the last decade. This is an expected trend when we consider that treatment costs have also gone up in that same amount of time.
Something to consider when you pursue a dog bite court case is what your end goal is. The average dog bite settlement in South Carolina can range widely. The settlement value is heavily dependent on multiple factors.
Factors in Dog Bite Cases
There are two main paths your dog bite case may take. You can settle it in private negotiations with the insurance company without taking it to trial, or if you can’t agree in negotiations, you can take it to trial and present it to the judge. The path most beneficial to you will depend on several factors.
Working with an Attorney
Having an attorney tells the other party you are serious about your case and will not easily be coerced or bullied. This can push them to minimize unfair low offers, negotiate in good faith, and make settlement offers closer to what you deserve. Negotiations over a lawsuit almost always start with a way too low offer to try and settle quickly while paying out the least money possible, and an attorney by your side gives you someone who knows the tricks and how to increase your offers.
Strength of Your Case
Not all dog bite cases go through homeowners’ insurance, but if you are dealing with the insurance company, they will likely negotiate more liberally if you have a strong case. The primary goal is always to pay out as little as possible. However, if you are working with an attorney and they believe you are serious about your settlement, they are less likely to add unnecessary delays or multiple offensively low offers.
Going to court can be a considerable gamble for you and the insurance company. When you take your case to the judge, the assigned damages are out of your hands, meaning the judge could require the insurance company to pay an exorbitant amount to you, or you could walk away with nothing. This uncertainty, in addition to the costs of attorneys, can encourage the other party to offer higher payouts to avoid the risk of taking a case to court.
Cost of Damages
The extent of your injuries is another factor that may affect the progress of your case and your negotiation of compensation. In a case with only several thousand dollars on the line, the other parties may be more inclined to simply pay out your claim and avoid the risk of going to court. However, if your injuries are significant and you have tens or hundreds of thousands of dollars in damages, they may be more inclined to push back on negotiations, forcing you to take the case to trial.
Negotiations
Your ability to negotiate effectively plays a significant role in whether your case will reach a mutual agreement before trial or if the judge will determine what is appropriate. For example, if you accept the first offer the insurance company or other party gives you, your case will settle quickly, but you may not receive the amount you need to cover your costs fully. On the other hand, if you refuse every offer without adequate support for a counteroffer, you may find yourself in court and still lacking your desired compensation amount.
Strengthening Your Case
To strengthen your case and shut down the other party’s thoughts of taking the case to court, you can do a few things. Much of the evidence presented in a court case is based on documentation. Important pieces of documentation you may be able to obtain include:
- Photographs of the dog and the geographic location of the bite.
- Photos of the bite.
- File a police report.
- File a complaint with animal control.
- Seek medical attention.
When you seek medical attention, it creates a record of your injuries that can be used to corroborate your claim for damages. Provider notes can be used as evidence to explain the extent of your injuries and your prognoses. Additionally, failure to seek medical attention immediately may give the impression that your injuries are not as severe as you claim or even non-existent.
Call a South Carolina Dog Bite Lawyer Today
If a dog attack has left you injured, you may be eligible for compensation. Managing a civil lawsuit can be time-consuming and stressful, particularly when you are trying to recover from the physical and emotional injuries of a dog bite. When you call Shelly Leeke Law, you can trust that we are diligently working on your behalf to get the compensation you deserve.
We offer free case consultations to discuss the details of your situation. We work on a contingency fee schedule, meaning you don’t have to worry about payment until we have secured compensation. Call us today.
