Legal Question in Personal Injury in Alabama
Dog bite
My 4 year old son was bitten in the face by a neighbor's dog in our yard last week. He had several puncture wounds and 2 serious ''holes'' on his face (1 in each cheek) that required surgery and a 2 day hospital stay. The owner of the dog came forward and filed a claim on his homeowners insurance. The insurance company states that they will be taking care of any medical bills that incurred. However, this dog has never had any vaccinations of any sort and roamed freely, also there is still the possibility of future treatments such as possible rabies shots for my son and plastic surgery.
I do not know how to approach this matter, as we have health insurance and his medical bills are being paid through my insurance and also the possibility of more bills incurring in the future leaves me questioning what should I do and should I contact and retain a lawyer for this matter. I am not looking to ''strike it rich'' or anything I just want to make sure every right my son has is expressed.
How will this work with their homeowners insurance? Will they need to contact my health insurance company or is the money sent to me? Also what about future medical expenses? Also, do I need to pursue this further ?
3 Answers from Attorneys
Re: Dog bite
The answer to your last question is yes. This is a serious injury and it is likely that further medical bills will be incurred. Second, your son may very well have permanent scarring for which no amount of surgery can correct and should be compensated for that.
Liability though in dog bite cases is very problematic. Just because the dog caused the injuries is not sufficient. Does the dog have a history of biting people? Is he of a dangerous breed such as Rottweiller or Pit Bull? The courts will generally allow a dog a "first bite" free. However, if it is a Rottweiller or Pit Bull then the owner is put on notice automatically that the dog has a propensity to bite. But if it is just a labrador or a beagle, then it should have a history of biting before liability can be shown.
If you have any further questions, please do not hesitate to send me an email at [email protected]
Sterling L. DeRamus
Attorney at Law
Birmingham, Alabama
Re: Dog bite
You should get a lawyer.
Your health insurance company is entittled to "get it's money back" from the home owners insurance.
Your child cannot be responsible for the attack as a matter because he is only 4.
Any funds received would have to be approved by the Court and placed in trust for him until he becomes 19, unless additional surgeries may require use of those funds.
There are many good attorneys who can help you, including Jon and Sterling who have already responded to your question.
Attorneys in this case only charge a contingency fee (or percentage). There is no "money" or expense you have to pay unless the attorney is successful. Consultations with most attorneys are free so please take advantage of that and speak with someone.
I am truly sorry to hear about your child's accident. I have a 4 year old and I can only imagine how you feel. Please also consider some sort of psycological evaluation or consultation as events like this very young can be traumatic and remain with a child during the formative years.
Sincerely,
Randal Ford
Re: Dog bite
The law provides that your son is entitled to more than just his medical bills. He would be entitled to recover for pain and suffering and any permanent impairment a doctor thinks he might have. Additionally, you will need to know what the doctor thinks the liklihood is of future surgery. Any settlement will have to be approved by the Court at a pro ami hearing. This is a hearing in order to protect the interest of the minor, and the hearing is required by law. Any funds received over $5,000.00 will probably have to go into a conservatorship until your son is 19. There is another issue in the event you have medical insurance for your son. If his bills are paid by insurance and you make a recovery on his behalf, the insurance company would have a subrogation claim for the funds it paid. There could also be an issue of liability depending on the facts surrounding the incident although based upon what you have said, it appears as thought the insurance company has accepted liability. Obviously, I'm biased and always recommend an attorney in a complicated situation such as this. The insurance company may say you don't need an attorney, but you should always be wary of this. If you have any further questions, you may e-mail me at [email protected]. You may also read about our firm at www.LewisMcAtee.com or www.ChildrenInjuryAttorneys.com. Additionally, if you would like me to recommend additional attorneys for you to consult, I will be glad to give you the names of some other attorneys who practice in the personal injury area.
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