Legal Question in Personal Injury in Wisconsin

Re: Dog Attack

Wisconsin law provides for absolute liabilty on the owner of a dog that causes damages or injuries. The owner's homeowner's insurance should provide coverage for your son's inuries and damages, along with any damages suffered by the parents. Depending on your son's age at the time of the attack, the insurance company may argue that your son was contributorily negligent in the dog attack and may try to reduce his damages by some percentage. If there is evidence that this dog has caused injuries or damages in the past, Wisconsin law also allows for double damages to be recovered. I would recommend your consulting with an experienced personal injury attorney to discuss the particular facts of your case. Experience would show that clients who are represented by an experienced attorney in such cases generally will recover a larger settlement than when they are unrepresented. Also, an experienced personal injury attorney may be able to negotiate with any health insurance company which may have paid the medical expenses in attempt to reduce thier recovery from the settlement proceeds. Lastly, an experienced personal injury attorney will provide guidance on issues such as documenting future medical expenses with a plastic surgeon, and compensating parents for their out of pocket costs and losses.

Re: Dog Attack

See my Wisconsin Dog Bite Law Page.

Your son has an excellent case that you should have a lawyer handle.

Re: Dog Attack

Your neighbors are responsible for their dog. Their homeowners insurer is also responsible. Your son's loss should also include an element of "pain and suffering", and my include other elements for loss of wages, as well as other items. You should contact a good personal injury attorney to know that any amount you settle on is appropriate. Usually such an attorney will get you much more that the additional fee incurred to retain him or her. As for removal of that pet, you could discuss that with the same attorney.

Re: Dog Attack

Your son is entitled to be compensated by the homeowners insurance company for all of his damages, including medical bills and for pain, suffering, and disfigurement. If the owners of the dog had notice that the dog had bitten someone in the past, Wisconsin law provides that the injured person is entitled to double the damages he would otherwise be entitled to recover. Thus, if knowledge on the part of the homeowners could be proved, the damages would automatically double. If there is any scarring, it usually helps to have a plastic surgeon prepare a report about the scarring and whether cosmetic surgery would help alleviate the scarring. If such surgery would help, the plastic surgeon can say what the cost of that surgery would be. Wisconsin law also allows the state or a municipality to commence an action to obtain a judgment that a dog be killed if the dog has caused serious injury on two separate occasions off the owner's property without reasonable cause if the owner of the dog knew about the first injury. The statute that discusses all of this is Wis. Stat. sec. 174.02 (2001-2002).

I think that a person usually recovers more money if the person is represented by a lawyer who handles personal injury cases.

Mike End