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Is the Insurance Company Giving Me a Fair Settlement After a Dog Bite?

Financial compensation in dog bite claims varies widely, depending on the circumstances. The viciousness of the attack and the severity of injuries are two important factors that influence the settlement an injured person receives after a dog bite. Barrie personal injury lawyers at Littlejohn Barristers have helped many dog bite victims advance their claims and obtain full compensation.  


We prepared this blog post to give you a general overview of how personal injury compensation is determined, how to know if what you’re being offered is fair, and what do to if the insurance company is being unreasonable. If you or a loved one has been injured by a dog, we welcome you to contact us for a free initial consultation and legal advice customized to your situation. 


Dog owners are responsible for harm caused by their pet 

dog bite lawyer

First, it’s important to know that Ontario dog owners are held to a high standard with very limited defences to claims for compensation by victims of their dog’s attack. Ontario’s Dog Owners’ Liability Act holds a dog’s owner strictly liable for all injuries and damages caused by their dog. Dog owners are responsible regardless of whether their dog had a propensity to bite, and even if the dog’s owner didn’t behave in a negligent manner leading up to the incident.   


Depending on the circumstances, there may be other responsible parties. For example, a person who is not the dog’s owner may still be liable under Ontario’s Occupier’s Liability Act for failing to ensure that the premises were reasonably safe for people coming onto the property. There may also be liability against another party at common law for negligence.  


How is personal injury compensation determined?  

Personal injury compensation is determined by looking at the nature and severity of injuries. A vicious mauling by a dog that causes permanent injuries and severe emotional trauma or death will attract higher compensation than a dog bite that causes temporary cuts, bruising, and minor pain.  


In addition to the nature and severity of the injuries, compensation also depends on how the injuries are impacting the injured person. Are they missing work? Are they experiencing significant pain and distress? Are they unable to do activities they previously enjoyed because of the injuries? Do they require extensive treatment and medication? Will they need surgery to address scarring or disfigurement? 


An injured person is entitled to general damages to compensate them for pain and suffering and loss of enjoyment of life. They are entitled to claim for past wage loss, medical and rehabilitation costs, and other out-of-pocket expenses incurred as a result of the injuries. They can also claim for future wage losses and future care costs


The role of insurance in dog bite claims 

Compensation for dog injury claims is often covered by the dog owner’s home or tenant insurance policy, which means you’ll likely be dealing with the dog owner’s insurance company when you file your personal injury claim. 


When you report a personal injury claim to the insurance company, they will investigate your claim and determine whether your claim is covered by the policy. If it is, the insurance company then decides what it thinks your claim is worth and makes an offer to settle your claim. The trouble is, how do you know if what they offer you is fair?  

There is a good chance that the initial settlement offer from an insurance company is not fair. They aren’t obligated to explain all the types of damages you’re eligible to, and they often make early offers in an attempt to get rid of claims as quickly and cheaply as possible. They are a business, after all; it’s a win for them if you accept an early settlement for less than your claim is worth.  


What should you do if the insurance company is not being fair? 

If you suspect the insurance company isn’t offering a fair settlement, don’t accept the offer and don’t sign any legal documents—you may be signing away legal rights. You should reach out to a Barrie dog bite injury lawyer at our firm for advice. We can: 

  • review your case 

  • provide you with an opinion on what your claim is worth 

  • gather evidence to strengthen your claim (such as medical records and reports to substantiate your losses)  

  • negotiate with the insurance company on your behalf to secure full and fair compensation.  


The vast majority of dog bite claims settle after some back-and-forth negotiation, without going to court. That being said, insurance companies will sometimes dig in their heels and deny claims or refuse to pay fair compensation. When that happens, you can file a personal injury lawsuit asking the courts to determine fair compensation. If your case is heading to court, you should have a skilled personal injury lawyer on your side to help you navigate the process.  


Get Legal Advice After Suffering a Dog Attack or Dog Bite 

 

Barrie law firm Littlejohn Barristers can represent you in your dog bite claim. We can help navigate the legal process, gather evidence, and secure fair compensation for your injuries.    


If you want clear legal advice and strong advocacy from a Barrie personal injury lawyer, we’re here to help.  We have extensive experience representing adult and child dog bite victimsContact us to schedule a free, no obligation initial consultation with an experienced Barrie personal injury lawyer. Collingwood, Orillia, Midland, Innisfil, and the surrounding areas are also proudly served by our law firm.  

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