Category Archives: Types of Personal Injuries

Incidence of dog bite injuries treated in emergency departments

No one loves dogs more than the attorneys at Philadelphia Injury Lawyers. Unfortunately a dog bite or dog attack can lead to serious injury, and in rare instances, even death. If you have been bitten or attacked by a dog, the owner may be financially responsible for your injuries.

Are injuries from dog attacks common?

More common than you would think. In 2015, 35 Americans were killed by a dog, and over 850,000 people receive medical treatment as a result of a dog attack. Despite the high number of dog attacks, only 15,000-16,000 people receive compensation. The average compensation for a dog bite is approximately $29,000.00. The value of your dog attack claim is dependent on many factors.

Who pays for dog bite claims?

Most people do not realize that a homeowners or renter’s insurance policy will cover a dog bite claim. If you have been bitten, obtaining the dog owner’s insurance policy is an important first step in receiving compensation.

Under what circumstances can I receive compensation for a dog bite injury?

Simply being bitten may not be enough to receive financial compensation. To recover for a dog bite injury, the victim must prove that the dog’s owner was negligent. There are several ways to prove negligence, and each dog bite presents a unique set of circumstances. Some ways a dog owner may be negligent include:

  • The dog is in public without a leash.
  • The dog has a history of biting or aggression.
  • The owner fails to supervise their dog around a young child.
  • The owner fails to control their dog who is exhibiting aggressive behavior.
  • The landlord knew a dangerous dog was on their premises, but failed to evict or remove the owner.

Is it true that there is a “one bite” rule?

A common misconception of dog bite claims is that a dog owner gets “one free bite”. In other words, unless the dog has bitten before, you will not be able to recover for your injuries. This is not the case. Each state has separate and unique dog bite laws, and it is very important that you retain an attorney who understands the differences.

Philadelphia:

Victims of dogs that have never bitten before are divided by Pennsylvania law into categories based on how badly they were injured. A severe dog bite injury is defined as one that causes broken bones, fractures or disfigurement in the form of lacerations that require multiple stitches. A victim who has been severely injured by a dog will receive full recovery if he or she can prove that the dog was not provoked to attack.

A dog bite victim who was not severely injured is only entitled to compensation for medical expenses, to be paid fully by the pet owner. Any cost to the victim as a result of a dog bite is available, with the only proof required that the defendant owned the biting dog.

If the owner of a dog knows, or should know, that his dog might cause injury, he has a duty to use ordinary care to prevent injury to others. If an owner fails to perform this duty, then he is negligent.

Further, the owner of a dog must take notice of its general, natural inclinations or characteristics and of the inclinations or characteristics, if any, peculiar to the animal in this case that he knows about or should have known about. If any of those inclinations or characteristics are of a kind likely to cause injury, the owner has a duty to use ordinary care to prevent any reasonably foreseeable injury. If an owner fails to perform this duty, then he is negligent.

How do you prove a dog owner was negligent?

Hiring the right attorney to investigate and prove negligence is an important first step in recovering for a dog bite injury. There are several ways to prove that the dog owner was negligent, including, but not limited to:

  • Obtaining the “bite report” or incident report from the police department or local animal control agency.
  • Finding out the dog’s history from the dog’s owner.
  • Speaking to neighbors about their observations of the dog in the past.
  • Detailing and documenting the incident in writing.
  • Obtaining the medical history of the dog through its veterinarian.
  • Obtaining obedience/training school records if they exist.
  • Medical reports concerning treatment of the injuries.
  • Obtaining witness statements.

What injuries do people who are bitten by a dog typically suffer?

We have seen shockingly serious injuries caused by a dog bite or attack. These can include:

  • Puncture wounds
  • Cuts and bruising
  • Loss of fingers
  • Scarring
  • Broken bones
  • Traumatic brain injuries
  • Infections

Victims of dog bite injuries may be entitled to receive compensation for the following:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Disfigurement or scarring
  • Emotional distress

Future medical treatment for scar revisions

If you or a loved one have been bitten by a dog, please contact the attorneys at Philadelphia Injury Lawyers for a free consultation.

Most common Types of Personal Injuries you can claim for

There are seemingly infinite ways you can be injured. You can be injured in a fight with another person, in an attack by an animal, on a bicycle, in a car, on a boat, due to your own confusion or dizziness, or due to a medical professional’s negligence. Between your lost wages, your medical bills, and simple, often overlooked expenses like mobility aids, over-the-counter pain medication, bandages, and the need for in-home domestic help, being injured can be expensive.

Do not shoulder the financial burden of your injury alone. If another party was responsible for your injury, even partially so, you can seek compensation for your damages from that party’s insurance provider through a personal injury claim. In Philadelphia, a personal injury victim may recover compensation for his or her damages as long as his or her fault does not exceed the other party’s percentage of fault for the accident. In other words, if you are deemed to be 30 percent at fault for your accident, you may recover compensation. If you are deemed to be 51 percent or more at fault, you may not. But if you are 50 percent or less at fault for your accident, the total amount of compensation you may receive is reduced accordingly. In a case where a victim seeks $100,000 in compensation but is deemed to be 30 percent at fault, he or she may only recover up to $70,000 in compensation.

Learn more about Personal Injury Claims.

Below are three common ways victims are injured through others’ negligence.

CAR ACCIDENT INJURIES

Most of us drive our cars every day. When you are a driver or passenger in the car, you share the road with other cars and passenger vehicles, motorcycles, commercial trucks, buses, and pedestrians and bicyclists. When any other party on the road breaks the posted traffic laws or acts recklessly, you and other motorists can be injured. A few examples of reckless behavior on the road include:

  • Driving drunk or under the influence of another drug;
  • Using a cell phone while driving;
  • Driving tired; and
  • Driving in an aggressive manner.

Many different injuries can result from a car accident, like broken bones, burns, traumatic brain injuries, and cuts.

SLIPS, FALLS, AND OTHER PREMISES – RELATED INJURIES

Property owners have the responsibility to keep visitors to their property safe by removing any hazards on the property. Generally, these hazards put visitors at risk of slips and falls, but they can also be items or conditions that put visitors at risk of being burned, electrocuted, or injured from a falling or projectile object. Examples of common premises hazards include:

  • Broken stairs and handrails;
  • Frayed electrical cords;
  • Unsecured carpets;
  • Broken sidewalks;
  • Sinkholes; and
  • Open flames.

MEDICAL MALPRACTICE INJURIES

We trust doctors and other healthcare providers to work diligently and warn us of potential complications and risks associated with our health conditions and treatments. When a healthcare provider does not uphold his or her responsibility to explain medical risks to patients, test them thoroughly to obtain accurate diagnoses and create appropriate treatment plans, or to obtain each patient’s consent before performing medical procedures, he or she may be held liable for the patient’s damages related to an act of medical malpractice. A few examples of healthcare provider negligence include:

  • Diagnosing a condition incorrectly;
  • Giving a patient the wrong type of medicine for his or her condition or an incorrect dosage;
  • Failing to warn a patient of the risks associated with his or her treatment before performing the treatment; and
  • Failing to perform medical treatments with sterile equipment or in a sterile environment, putting the patient at risk of developing an infection.

SEEKING COMPENSATION FOR DAMAGES FOLLOWING A PERSONAL INJURY

With any personal injury claim, the claimant needs to prove the following:

  • Another party had the duty to protect the victim from harm, even if that duty simply meant following the posted traffic signs;
  • Because of the negligent party’s actions, the victim suffered an injury; and
  • Because of his or her injury suffered in the accident, the victim suffered specific economic damages.

You can prove these facts through evidence. Photographs of the accident, your medical record, the official police report for the accident, your pay stubs showing time out of work, and testimonies from witnesses to the accident are all pieces of evidence you can use to support your claim. Your lawyer can help you obtain the evidence you need and use it effectively.

WORK WITH AN EXPERIENCED CLINTON PERSONAL INJURY LAWYER

If you have been injured in any type of accident caused by another party’s negligence, you could be entitled to recover monetary compensation for your damages through a personal injury claim. To learn more, set up your initial consultation with a member of our team of experienced personal injury lawyers at Philadelphia Injury Lawyers Law Firm. We are here to answer your questions and advocate for you as you proceed with your personal injury claim.