From lacerations to traumatic brain injuries, dog attacks can result in severe harm. If a dog owner failed to maintain reasonable control over their pet, and you were injured as a result, you may be owed compensation. The severity of your injury and the evidence available will have a direct impact on your payout.
For dog bite victims, it can be helpful to know what to expect from a dog bite settlement under Louisiana law. Keep reading to learn more about Louisiana dog bite settlements, what you may be owed, and how to get it.
Key Takeaways
- Dog owners may be liable for bites whether they knew their pet posed a risk or not, with compensation often provided through property insurance.
- Damages may include lost wages, physical pain, emotional trauma, and medical costs, with the injury severity directly impacting settlements.
- Financial relief for dog bite cases can range from less than $10,000 to well over $500,000, depending on the severity of the dog bite injury.
- To get fair compensation for your dog attack injury, you should get legal assistance from an experienced New Orleans dog bite lawyer.
When Can Dog Owners Be Held Liable for Louisiana Animal Attack Claims?
Louisiana dog bite laws dictate when pet owners can be held liable for attacks. Unlike many other states, Louisiana does not follow a strict one-bite rule, meaning injured victims will not need to prove that the dog owner knew about a prior attack. Instead, Louisiana Civil Code Article 2321 lays out a strict liability regulation for dog bite claims: the owner can be held strictly liable if they failed to take reasonable care to prevent the attack. If the owner is legally liable, coverage may be available through a liability claim under their property insurance policy.
Exceptions to owner dog bite liability under Louisiana law include cases in which the animal’s aggressive behavior was provoked by the bite victim. To learn whether or not you may be able to access compensation under Louisiana dog bite laws, consider getting legal advice from a capable personal injury lawyer.
Comparative Fault and Dog Bite Liability
Under Louisiana’s comparative negligence law, you may still be able to access compensation for dog bites if you were partly to blame for the incident. Your settlement will be reduced in proportion to your fault. This means that if you were 10% at-fault, you will only be able to recover 90% of a full payout. Keep in mind that if you are more than 50% at fault, your claim will likely be denied.
What Compensation Can Dog Bite Victims Claim in Louisiana?
Under a personal injury claim for dog bite injuries, fair settlements may include both economic and non-economic damages, with economic damages accounting for financial losses and non-economic damages accounting for special losses. You may also be owed punitive damages in cases involving severe wrongdoing or extreme negligence. If you were bitten by someone else’s dog in Louisiana, you may be able to seek compensation for the following losses:
Economic Losses
- Lost income
- Medical attention
- Future medical expenses, including physical therapy
- Funeral expenses and wrongful death damages
- Reduced earning power
Non-Economic Losses
- Psychological trauma
- Facial injuries and scarring
- Severe emotional distress
- Reduced quality of life
- Pain and suffering
In Louisiana, there is no cap on non-economic damage values, with losses being calculated using either a multiplier or per diem method, or using court precedents. While the multiplier method bases the amount on the severity of the injury and the economic damage total, the per diem method is based on the duration of your suffering. Louisiana courts may also choose to use court precedents, or the amounts used in similar cases, to determine your non-economic compensation.
Average Dog Bite Settlements in Louisiana
For dog bite victims wondering what to expect from their settlement, it may be helpful to consider average payouts for common dog bite injuries. In general, Louisiana dog bite personal injury cases typically result in settlements ranging from less than $10,000 to over $500,000 for more serious injuries.
One key factor in determining the value of your claim will be the severity of your injury. For minor injuries like scratches and small punctures, you may be owed between a few thousand and over $10,000, while moderate injuries like deep lacerations may result in payouts ranging from over $10,000 to $50,000. For severe injuries such as crushing injuries and permanent scarring, you may be entitled to a settlement of more than $100,000. Lastly, catastrophic injuries and permanent disability may lead to settlements amounting to over $500,000.
Two issues that significantly impact severity are the age of the victim and the location of the injury: dog bites against children can result in significantly higher payouts, as can cases involving facial injuries or nerve damage.
Evidence and Your Settlement
Unfortunately, even for severe attacks resulting in life-changing injuries, if there isn’t enough evidence to support your version of events, your case may face extreme challenges, and your settlement may be reduced. For instance, if you fail to get prompt medical care, there may not be strong evidence connecting your injury with the attack, leaving you vulnerable to arguments about pre-existing conditions and other causes. For help accessing significant evidence, you should reach out to an attorney. An attorney can not only help negotiate a fair settlement, but also represent you in court in the rare case that your dog bite claim goes to trial.
How Insurance Can Impact Your Payout
One thing to remember when it comes to understanding what to expect from a dog bite claim is limits on insurance coverage: for claims covered by insurance, compensation may be capped at around $300,000, with some policies having limits as low as $100,000. Some policies may also exclude claims for injuries caused by certain dog breeds.
Nationally, more than $1.1 billion is paid out for dog bite claims every year, but that doesn’t mean the process is easy or always fair. If you feel that your claim is worth more than what you’re being offered by insurance, you need help from a personal injury law firm. A lawyer can determine how much compensation you may be owed and how to get it.
How to Get Fair Compensation for Dog Bite Claims
If you plan on making a claim for injuries caused by a dog bite, there are tips you can follow to improve the outcome of your case. To ensure the dog owner can be held responsible for your injuries, follow the steps below:
- Seek immediate medical attention to create a medical record of your injury.
- Inform the owner of the attack or gather evidence to identify the owner.
- Report the attack to authorities.
- Gather evidence from the scene proving the unreasonable risk posed by the animal, including pictures and contact information for witness statements.
- Get help from a personal injury lawyer to determine your legal options for recovering compensation.
If you want to make a claim for dog bite losses, it’s important to act fast. Previously, there was a one-year statute of limitations on dog bite claims in Louisiana, meaning victims only had one year to file. However, for dog bite cases occurring after July 1, 2024, the statute of limitations is two years.
Recover Compensation With Help From a Louisiana Dog Bite Lawyer
When dog owners fail to prevent dangerous dogs from attacking others, injury victims should be able to access compensation for losses under Louisiana law. Dog bites can lead to serious injuries, and settlement amounts can easily climb over $100,000. To ensure you can access fair compensation for your injuries, you should consider getting a lawyer.
Here at Cardone Law Firm, our New Orleans dog bite lawyers are committed to helping injury victims recover full and fair settlements for their losses. Dog bite injuries can impact daily life significantly, and we won’t rest until you receive financial relief accounting for your suffering.
Get helping holding dog owners accountable for medical bills, emotional distress, and more. Reach out today for your free case review.