Share:

A dog bite can cause serious wounds that leave a victim with significant medical issues, unmanageable pain, and financial distress. Sometimes, a personal injury claim against the animal's owner is the only logical course of action. But what happens in cases where the victim is at least partially at fault for the bite? 

The Rules of Shared Fault

Whether the dog bite victim can recoup damages in a personal injury suit depends on the state where the incident occurred and what that state's rules are regarding shared fault. States have different rules on this issue. In some places, there is a pure comparative negligence rule in place. This means that any damages awarded the victim will be reduced by a percentage amount equal to their share of liability for the incident.

Most states, including Georgia, follow the rules of modified comparative negligence. Here, an injury victim's compensation is reduced by a percentage equal to their share of responsibility, but if their responsibility is found to be more than a certain amount, they cannot win any damages at all. The threshold of blame is usually at 50 or 51%.

A few states have contributory negligence laws. This is a more hardline version of modified comparative negligence. Those who bear any liability in causing the incident are not allowed to recover damages, no matter how small or insubstantial.

Reaching a Settlement

The vast majority of personal injury claims are settled out of court. Attorneys for both sides will negotiate on behalf of their clients to reach a mutually agreeable settlement amount that meets the needs of each party. However, your state's shared-fault rule will still play a role in the settlement amount awarded. The opposing side will figure into their offer the fact that you contributed to the incident, and that could mean a lower figure than you were expecting.

 

A personal injury lawyer will fight to get you the highest payout possible. For over a century, McClure, Ramsay, Dickerson & Escoe, LLP, has been representing Stephens County, GA, residents in injury, real estate, criminal defense, and estate planning issues. Call (706) 886-3178 to schedule a consultation. Visit their website to learn more about this law firm. 

tracking