How Dog Bite Damages are Calculated in San Diego
It’s impossible to tell what the damages will be from a case – any case – without fully understanding all the details of the case. However, if you’ve been bitten by a dog in San Diego, there are some guidelines you can follow to get an idea of the compensation you might be entitled to receive.
Damages will first be based on the cost of any medical treatment you received for your injuries, as well as any income you lost due to the dog bite. When determining the amount for medical treatment, a judge will take into consideration the treatment you’ve already received, as well as any costs associated with treatment you will receive in the future. So if you initially received stitches for the dog bite, those costs will be recovered in damages, but a judge may also add more damages to the initial cost, in case of infection that also needs to be treated.
In addition to medical and loss of income costs, a judge will also award non-economic losses, this is compensation based on factors that don’t necessarily have firm figures to support them. Physical pain and suffering, along with emotional stress, are all examples of non-economic losses. In order to assess the actual amount awarded for non-economic losses, a judge will use a per diem system. They will determine how much pain and suffering the victim endures per day, and then multiplies that number by an approximate number of days the victim is suspected to suffer for.
There are some instances however, in which victims are not awarded any damages for their dog bite. Even though San Diego applies strict liability to these cases, meaning that dogs and their owners are not given a “one-bite” leniency, this does not mean that dog bite victims win every single case. If it can be proven that the dog was provoked, or if the victim was on the dog owner’s property without permission, cases can become trickier, as compensation doesn’t necessarily have to be granted.
Dog owners will do anything to prove that victims either provoked their dog, or that the victim was on their property unlawfully, all in an attempt to avoid charges and fines. At Jurewitz Law Group, we know how to fight those arguments and counter claims. We are the San Diego dog bite damages attorneys that are on your side. Call us today at (888) 233-5020 for a free consultation. You’ve been injured, and we want to help.
Ross Jurewitz is the founder and managing lawyer of the Jurewitz Law Group, a San Diego personal injury attorney law firm. These San Diego injury accident lawyers specialize in helping people seriously injured in a variety of accidents throughout San Diego County and California.
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