Settlement

The attorney may have several possible goals in a dog bite claim. They include settlement, protecting the victim from further injuries (whether physical or emotional), and ensuring an accurate record in any city proceedings. All dog bite claims have settlement as a goal, while only some have other goals as well.

Why settle?

Some people say, "I don't want to settle! I want my day in court!"

No you don't.

"Yes I do! I want justice, and I want everyone to see what that lousy dog owner did to me!"

Not realistic.

When you suffer a bodily injury, the purpose of the civil justice system is to compensate you. In other words, you get money. You don't get back your amputated nose or ear -- your suffering and disability would get more relief with aspirin.

If getting money is your idea of justice, then you'll be quite satisfied with this system, but if your idea of justice is something else, you will be disappointed, not only with the limited goal of the justice system (i.e., to give you money but not take away your pain), but also with the cost, duration and effort required to reach that goal. You will not get paid what you deserve simply because you got bit and asked for money. The nature and extent of your injuries and other losses (like loss of income from your work) have to be proved. This means that there will be two investigations, one by your attorney and another by the insurance company.

And incidentally, if you want an example of complete injustice, consider the victims who are bitten by dogs belonging to people who don't have insurance and therefore receive absolutely nothing, not even money. This brings up one of the best reasons to settle: the dog owner has a certain amount of insurance and no other firm assets, and his insurance company is offering to pay all of that insurance today if you agree to drop your case. Under those circumstances, there is literally nothing to be gained by insisting on your day in court.

No matter how angry you got after you were bitten, you will actually get past the anger at some point in the future, and that point will come prior to the case being ripe for settlement negotiations. The cost, duration and effort to make a settlement presentation will convince you that you won't want to endure the cost, duration and effort of getting a day in court. Trials are expensive -- your doctor whom you worship like a god might charge $6,000 per day to testify at depositions and trials! There are fees to be paid to the court, the witnesses, the sheriffs, the jurors, the court reporters, the exhibit preparation companies, and on and on.

There are laws in many places that just about require you to settle under some circumstances. For example, some laws state that, if the insurance company offers you a certain amount and you reject it, you have to pay all of the costs of the insurance company if a jury doesn't give you more money than the insurance company offered you. Since nobody can predict what a jury will do (remember the O.J. Simpson murder trial?), you have no realistic choice other than to accept an offer that is anywhere in the "ballpark."

What is necessary to make a settlement?

A settlement can occur when liability and the nature and extent of the injuries and losses are reasonably clear. As to each of these aspects of the claim, the attorney has to present proper evidence to the insurance company. Equally important, the attorney must give the adjuster a comprehensive analysis in writing, concluding with a reasonable demand for payment of money to the victim. Kenneth Phillips refers to this as the "settlement presentation." (For more information about this process, see Insurance Claim.)

What do I have to sign?

The victim has to sign a release or waiver of his or her right to receive any further money or other remedies, or to proceed through the courts. The release or waiver will bind the victim's spouse and heirs too. If a case was filed in court, then the victim and his attorney must sign something in the proper format that will end the case. If a court judgment was rendered, then the victim and his attorney must sign something that releases the judgment. All of this paperwork is technical and must be prepared by an attorney.

How is settlement different for victims who are minors?

A minor cannot sign a release or waiver of his or her right to receive any further money or other remedies, or to proceed through the courts. Insurance companies don't want to be sued by the minor when he or she becomes an adult. In most jurisdictions, there are procedures for getting the approval of a judge, which will bind the minor, the parents, the attorney for the minor, the defendant and the insurance company. Children's settlements are frequently set up as "structured settlements," which provide for periodic, future payments. (For more information, see Structured Settlements and Withdrawing Funds from Blocked Accounts.)

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This page last changed on 1/4/09