Dog Bite, Insurance, and Lawyers ... oh my.

[JJJakubowski]

We'd appreciate some informed advice.

My wife, Colleen, was bitten (right forearm/elbow) by a bloodhound in December of 2009. The attack was totally unprovoked. The damn dog was HUGE --- as big as smallish bear ... at least 150 pounds. Fortunately, she was wearing a heavy coat and very thick sweater at the time. So skin was not torn, but she did sustain a "crush injury".

Many (probably most) people would have run to a lawyer. We, however, are soooo not litigious people. We felt (well, Colleen felt) sympathy for the dog owner. The dog had never bitten anyone before (not on record anyway) and does volunteer search work for the regional law enforcement. So, Colleen said she would "give it time" and see how the injury would heal. If it did heal satisfactorily, then we would "do unto others" and just "let it go".

Unfortunately, pain still persisted after several months. So she went to physical therapy for a couple months and has been doing prescribed exercises. Some "achey" pain still occurs ... most often at night and interfering with sleep. And there's still some loss of use to the extent she gets twinges when she "works" the arm.

Fault/liability has been acknowledged and the dog owner's insurance (State Farm) has been paying for the therapy. They do expect us to seek some further measure of compensation. State Farm sent us forms yesterday asking us to totally sign off our HIPPA privacy and allow them complete access to (and right to share) all medical records. That sort of personal intrusion "bites". And a neurologist has Colleen scheduled to undergo EMG (ElectroMyoGraphy) and NCV (Nerve Conduction Velocity) testing ... which we hear can be as painful as, ironically, another dog bite.

We are at the point of "enough is enough!"

My question: where should we go from here? Is it best to get a tough personal injury lawyer and just "sic" him/her on the insurance company? Or is there something to be said for settling ourselves and not having to pay a 30%+ or whatever is the going fee in such settlements?

Thanks for any insights and advice.

JJJ/SSCWN

 

[mjc3333]

JJ,

I have been in the car wash business for 22 years, and my family has been in the legal profession for over 45 years.

My wife is the office manager at the legal firm for 25 years and counting.

When you see first hand some of the terrible tragedy people have gone through, you have a much different perspective on the legal system from that point on.

Most people do not understand why it is imperative to seek legal advice when something happens to you that is not your fault.

One could surmise that if I am injured (physically, mentally, or emotionally), why should I seek legal advice, I will just handle it myself and avoid having to deal with attorneys and their attitudes and fees. Big mistake.

Because you decided not to seek legal advice at the time of the incident, you are now trying to decide what to do after the fact.

Keep in mind, the insurance companies do NOT want to help you at all. They are asking for all of your medical records from the past to see if this injury is related to ANY previous problems your wife may have had medically. Once you start to sign over your rights to the insurance company, they basically have you up against the wall.

Call an attorney for legal advice. Most if not all personal injury attorneys will give you free advice on what to do and not do. If you do call, and they feel you have a case, and you decide to sign up with them, you won't owe anything to them unless they win a settlement.

If you think you can outsmart the insurance company attorneys on this you are dead wrong. The insurance industry LOVES people that handle their own injury cases.

You have to remember one thing, insurance companies are in business to NOT pay out claims. If they get a hold of your records, the ball is in their court. They could deny future claims, or ongoing therapy.

The dog bite and injury you cannot change. Just remember, your wife's injury was not her fault, maybe not even the dog's fault, however, the pain and suffering she is now experiencing, may last a long long time.

Call an attorney before you sign anything!

Mike C.