Legal Question in Personal Injury in Texas

I live in Texas and was attacked by a neighbors pittbull which got loose in my own yard. I did not get bit but had to fight it off with a piece of firewood. I called 911 and police showed up he tried to attack the police and they had to shoot it dead. Do I have a right to sue their homeowners insurance?


Asked on 3/06/13, 8:32 am

2 Answers from Attorneys

Carl Weinkauf Carl Weinkauf & Associates

Yes, you do have a claim against your neighbors home owner's policy. However, it becomes a question of whether you have any damages. With any personal injury suit, the person bringing the claim has two hurdles to get over. The first is liability: Whose fault was it? The second is damages: What amount is the person bringing the claim owed as compensation? If you were not injured and did not have to seek medical treatment or psychological counseling, then, although you have a legitimate claim, the damages would probably be minimal. Most attorneys who handle personal injury cases do so on a contingency fee, meaning they are paid a percentage of what they are able to recover for their client. With minimal damages, it is difficult, economically, for an attorney to take a case on a contingency fee. Please let me know if I can help. Carl Weinkauf (214) 368-6005

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Answered on 3/06/13, 8:43 am
Roger Merrill Merrill & Associates

Here's a general list of damages for a personal injury claim:

1. physical pain and severe mental anguish in the past and future;

2. medical expenses in the past and future;

3. lost earnings;

4. damage to earning capacity;

5. disfigurement in the past and future;

6. physical impairment in the past and future;

7. loss of consortium in the past and future;

8. loss of household services in the past and future;

9. property damage

From your description, it sounds to me that your only likely claim would be one for mental anguish. Note that this must be severe. On the other hand, your neighbors lost their dog. A jury or judge might find that your neighbors have suffered enough without having to pay you for the fright you had.

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Answered on 3/06/13, 9:07 am


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