Legal Question in Personal Injury in California
Child injured in dog attack
My child was at a neighbor's house, playing with a friend when their large dog charged through an unsecured enterance and attacked my child. The attack was unprovoked. The dog owners were renters and the owner is not acceptin responsibility and is not willing to submit a claim to their insurance company. The renters were not insured but have now offered to settle. My child and the other parties have obtained attorneys. My child had to have 42 stitches in the head and shoulder. The only visible scars to the child are on the shoulder but there is extensive scarring on the back of the head. Counseling was regular for about a year following the attack. The attorney estimates a decent judgment is likely through the court but wonders how likely collection would be. I wonder about future counseling and lifelong issues. The child is 6 and is very aware of the scars although emotional progress continues. Is requesting 50-60% of a potential judgment a fair settlement out of court? Would a court approve this as it relates to a minor and requires approval? Thank you in advance for your imput.
2 Answers from Attorneys
Re: Child injured in dog attack
I have for over 20 years been involved with cases of this nature. Your questions are very valid but you do not give enough information for anything other then very general answers. The questions should be addressed to either your child's attorney or you should consult with an attorney who will need much more detail. Any settlement will involve many factors, including how much insurance is potentially available. Not only are the dog owners responsible but also their landlord faces potential responsibility. The Court will need to approve any minor's settlement and the attorney fees charged to the minor.
Re: Child injured in dog attack
IF YOU AND YOUR CHILD HAVE RETAINED AN ATTORNEY, THE QUESTIONS AND CONCERNS YOU HAVE PROPOSED SHOULD BE DIRECTED TO THAT ATTORNEY. HE/SHE WOULD BE IN THE BEST POSITION TO COUNSEL YOU REGARDING ALL OF THE ISSUES AND CONCERNS YOU RAISED IN YOUR QUESTION. WITH THE BRIEF AMOUNT OF INFORMATION YOU HAVE GIVEN, THERE IS NO WAY FOR ME TO ADEQUATELY ADDRESS YOUR CONCERNS.
I SUGGEST YOU SCHEDULE A FACE TO FACE MEETING WITH YOUR ATTORNEY AND GO THROUGH EACH OF THESE ITEMS TO GET HIS/HER BEST JUDGMENT. IN SOME RARE SITUATIONS, OWNERS OF HOMES OR APARTMENT BUILDINGS HAVE BEEN HELD LIABLE WHEN THEY WERE AWARE OR HAD NOTICE THAT THERE HAD BEEN PRIOR PROBLEMS WITH A PARTICULAR DOG. EACH SITUATION IS DIFFERENT AND YOUR CASE WOULD HAVE TO BE INVESTIGATED AND RESEARCHED THOROUGHLY FOR AN ANSWER.
GOOD LUCK.
SINCERELY, SAM M. EAGLE, ESQ.
10101 SLATER AVENUE SUITE #218
FOUNTAIN VALLEY CA 92708
PHONE: (714) 963-5123
FAX: (714) 964-9993
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