Legal Question in Civil Litigation in Delaware

Dog bite...we verbally agree to pay the medical bill. Received bill today and the person hand wrote on the medical bill his other lost expenses....wages, prescription cost, and he lost a night stay at a hotel. He did not provide proof of those additional expenses....but again, we did not agree on that. We only agreed on the medical bill. Question is, should we pay those added expenses or is it worth disputing, or can he sue for those expenses, even though that was not what we agreed on?


Asked on 10/25/16, 5:30 am

1 Answer from Attorneys

It is not clear from the limited facts whether acceptance of an offer to pay the medical bill is an enforceable settlement. The other side probably would say that they did not preclude seeking additional expenses.

Besides documentable expenses, they can sue for pain and suffering. Liability for a dog bite is clear (9 Del. C. � 913), so settling for only the out of pocket expenses could be a good idea. It is reasonable for you to ask for documentation (paystub, prescription bill, hotel bill) before paying. Assuming the expenses are documented, you must exchange the money for a signed general release so there cannot be a later claim for additional damages. If you are doing this without attorneys, you should meet in person to provide a cashier's check (so they know it's good funds) in exchange for the signed release.

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Answered on 10/25/16, 8:17 am


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