TABLE OF CONTENTS. INTRODUCTION 1 Some Startling Facts About Man s Best Friend UNFORTUNATELY, CHILDREN ARE 5 THE MAIN VICTIMS OF VICIOUS DOG BITES

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2 K i r k wo o d, MO Ph o n e : E ma i l : j o h h e p a g e f i r m. c o m We b s i t e : p a g e l a w. c o m F a c e b o o k : f a c e b o o k. c o m/ P a g e L a w

3 TABLE OF CONTENTS INTRODUCTION 1 Some Startling Facts About Man s Best Friend UNFORTUNATELY, CHILDREN ARE 5 THE MAIN VICTIMS OF VICIOUS DOG BITES WHO IS BEHIND THIS GUIDE AND 7 WHY SHOULD I LISTEN? WHY A FREE SPECIAL GUIDE? 11 QUESTIONS YOU NEED 15 TO HAVE ANSWERED ABOUT YOUR DOG BITE INJURY CASE Copyright 2011 by John J. Page All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the author. Published Printed in the United States of America. ISBN: Designed and published by Word Association Publishers 205 Fifth Avenue Tarentum, Pennsylvania IMMEDIATE AND SWIFT ACTION 25 ON YOUR PART IS CRITICAL WHAT CAN A PERSONAL INJURY ATTORNEY 29 DO FOR YOU AND YOUR CASE? SPECIAL 15 POINT BONUS CHECKLIST 33 How do you know if you have found the right attorney? CONCLUSION 37

4 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 1 INTRODUCTION Some Startling Facts About Man s Best Friend I m sure you ve heard the phrase that a dog is man s best friend. There are currently more than 60 million dogs in the United States. Forty percent of all US households own one. For the most part, dogs and humans get along great. But unfortunately, millions yes, MILLIONS of unsuspecting individuals are bitten by their best friend each year some very seriously. The Centers for Disease Control and Prevention reports approximately 4.7 million people in the US are bitten by dogs each year and over two million of these bites result in injuries. Other staggering statistics show that about 800,000 dog bite victims each year require medical treatment, about 1,000 dog bite victims a day

5 2 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 3 are seen in hospital emergency rooms, and about 20 people die annually from injuries caused by dog bites. Dog bites can result in everything from minor abrasions to life-altering injuries such as muscle and tissue loss, neurological damage, severe disfigurement, scarring, and even fatalities. Financial losses due to dog bites exceed $1 billion per year, with $345 million paid by insurance companies for claims relating to bites. Some dogs are prone to aggression. Breeds such as Pit Bulls, Dobermans, and Rottweilers have bad reputations for attacking, even when unprovoked. Some people may even own these breeds to foster a don t mess with me image, which only does more harm to the breeds image. But, it is not always the dog s fault. Dog owners can be as much to blame for their dogs attacking, if not more. Take for example the commercial breeder who advertises family dogs, but exercises no real quality control over the temperament of the dogs they breed. These breeders may actually be encouraging you to take a live ticking time bomb into your home. Then there s the pet store that sells an elderly woman who can t get around very well an aggressive breed of dog, one that needs regular vigorous exercise to remain healthy and well mannered. Or the puppy mill that sells multiple dogs to an unsuspecting buyer who is not able to properly and safely manage more than one dog of that particular breed. And what about the professional dog trainer who employs training methods which actually create aggressive behavior? Teaching a dog to sit is one thing, but training the same dog to bite is another thing altogether. These are examples of situations in which dog bites are most likely to happen. But the truth is, any dog treated roughly or trained to attack may bite someone at any time. Any dog has the potential to become dangerous. The owner or handler is most often responsible for making a dog dangerous. This irresponsible behavior on the part of the owner or handler can put others in real danger. The dog alone may not be dangerous, but put in certain situations, the dog could turn mean based on what they ve been taught. Even among breeds that are considered dangerous, individual dogs in that breed may be wonderful, loving pets. It shouldn t be assumed that a dog will attack just because of its breed. Dogs that are properly bred, properly socialized, properly trained and properly handled by their owners do not typically attack and injure without provocation. Dog attacks often occur when a person is sold the wrong breed for their lifestyle or when multiple dogs are sold to one owner, thereby creating a pack in that household. Dog attacks often occur when owners fail to socialize and train their dogs. Remember this: Most dog bite injuries are the fault of the dog owner, not the dog.

6 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 5 Unfortunately, Children Are The Likely Victims Of Vicious Dog Bites. The exact definition of a dog bite may vary slightly in different states, but the basic act is the same. A dog bite occurs when the dog s jaws close down anywhere on the victim s body. A dog s teeth do not need to penetrate or break the skin to constitute a dog bite. The offending dog is usually owned by the victim s family, a close friend, or neighbor. More than half the victims who receive medical attention for dog bites are small children. The median age of dog bite victims is 15, with children particularly boys between the ages of five and nine having the highest incidence rate. The most severe injuries occur in children under the age of 10.

7 6 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 7 The majority of people attacked by dogs are bitten directly on the face. Neck and head bites are also common in dog attacks. If a child is bitten on the lips, cheeks, nose or eye area, there will probably be more delicate medical procedures taken to avoid scarring, disfigurement, numbness and vision loss. In more serious cases, reconstructive surgery may be necessary. Dog bites are the third leading cause of visits to emergency rooms today. Remember this: Special care needs to be taken with children and strange dogs. Who Is Behind This Guide And Why Should I Listen? I want to thank you for requesting this dog bite injury guide. I think this information will help you in your quest to obtain the best possible result in your dog bite injury case. My name is John Page and I am a personal injury attorney at Page Law, LLC in St. Louis, Missouri. I help individuals who have been injured by dog bites. I only represent personal injury victims. If you need a will or you have a traffic ticket, I can t help you.

8 8 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 9 I represent people who have been injured by the negligence of others. Vicious dog bites and attacks are very often due to the negligence of dog owners. Though each case is different and past results cannot be used to predict future results, I can tell you that I have been privileged to help my clients and their families recover millions of dollars in compensation for the hurt and pain they suffer. I have written this guide so dog bite victims can have solid information before hiring an attorney to deal with the insurance company. There are a lot of books you could buy or internet sites you could visit that have great information. But, I want you to have this valuable information right now, for free, to read in the comfort of your own home or office. Plaintiff Interstate Trucking Lawyers of America and the Million Dollar Advocates Forum. In addition, I have been honored with Martindale-Hubbell s AV Peer Review Rating. This is the highest rating a lawyer can achieve from their peers. I enjoy what I do a lot. I do not simply handle cases. I set a limit on the number of cases I accept so that every client receives the personal and proper attention they deserve. I take great pride in representing real people with real problems on an individual basis. I work on cases with a variety of experts in the fields of plastic surgery, neurology and orthopedic surgery, to name a few. I make sure our clients cases are properly and completely prepared for settlement or trial in an expeditious, yet thorough, manner. Representing dog bite victims is one of the most challenging and rewarding areas in the practice of law. I actively handle every aspect of the litigation process, from client intake through trial. I am a member of the Missouri Bar, the Missouri Association of Trial Attorneys, the American Association for Justice, the Association of

9 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 11 Why A Free Special Guide? I am tired of large insurance companies taking advantage of dog bite victims. It irritates me that insurance companies immediately contact dog bite victims before the injured person has a chance to speak with an attorney. I recently went through the claims process for myself. It was unbelievable the things the insurance company tried to do. They had no clue I am lawyer, and they handled the case as if I was a layman. They were really nice up front, but then they turned sneaky, and, finally, just plain mean.

10 12 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 13 For years, one major insurance company (who shall go unnamed here) encouraged injury victims not to hire an attorney. Hmmm. Why would an insurance company encourage people to not get a lawyer? I believe the answer is self evident. It s almost never in the financial best interest of the insurance company to have dog bite victims receive competent legal advice. consideration into account. I am not in the position to give you legal advice until I have accepted your case in writing and have had the chance to learn all the facts pertinent to your specific situation. I hope you find this special report helpful and informative. If you have any questions going forward after you have read this guide, please feel free to call me on my cell phone 24 hours a day, seven days a week, 365 days a year at Though you may not need an attorney to represent you in every situation, you should at least have some basic facts at your disposal to help you decide whether or not you need professional legal representation. Most attorneys require you to make an appointment to get the information that you have here. Some others pressure you to sign a contract before they will answer basic questions. I believe you should have this information right now and without any pressure. Hiring an attorney to represent you is an important step that should not be taken lightly, nor done under pressure. I want you to be educated about the process and possible pitfalls, so that you don t fall victim to an unscrupulous adjuster or insurance company. I see it all the time. Please, do not take the contents of this guide as a substitute for legal advice. Each case is different, with subtle complexities and nuances. It s beyond the scope of this book to take every possible

11 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 15 Questions You Need To Have Answered About Your Dog Bite Injury Case. If you, your child, or someone you know was recently injured as a result of a serious dog bite, you are probably worried about getting the proper medical treatment for the injuries. Who is responsible for paying for doctor visits, physical therapy sessions and medication as well as compensating you for time lost from work? You are undoubtedly confused and have no idea where to turn or what to do next. Among the most common questions dog bite victims or their loved ones have are: Who will be responsible for my medical bills? Because of the injuries you suffered from the attack, you have received an assessment of your condition from your doctor along

12 16 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 17 On the other hand, if the dog owner carries no insurance, they will probably have to cover the expenses themselves. What does pain and suffering really mean? The term pain and suffering is used quite frequently in legal claims, yet it is one of the most difficult elements of a case to prove or for which to determine compensation. Pain and suffering in a dog bite case would be the physical and emotional distress resulting from the attack. The physical part of pain and suffering include the bite wound itself as well as lingering or permanent conditions such as scarring, disfigurement or the inability to use an arm, leg or other body part to the activity level before the bite. An important component of pain and suffering is whether any of the injuries are permanent. Physical issues such as scarring or disfigurement can also lead to emotional stress, which could be ongoing. A visible scar is a constant reminder of the dog bite that will be with you for the rest of your life. In addition, being bitten could develop into a fear of being bitten again or a fear of all dogs in general. Determining a dollar value of pain and suffering is hard to do. Your medical records will help support your claim because they will document your level of pain discussed at each doctor visit or therapy session. Family members, friends, neighbors and cowith a prognosis for your recovery. You are now returning to your doctor for regular follow-up visits. Your doctor may have suggested a physical therapist to speed your recovery along. And if your injuries are serious, plastic surgeons, neurosurgeons and other specialists may soon be entering the picture. To help with the pain, you have probably been prescribed some pain medication. So, you are amassing quite a pile of co-pays and out-of-pocket expenses. Someone needs to pay for all of this. Can I submit my claim to the dog owner s property insurance? Typically, the dog owner s homeowner s insurance or renter s insurance will cover a dog attack. But as the frequency of dog bite injuries has increased over the past few years, insurance companies have begun restricting coverage based on breeds. Breeds usually considered dangerous are the Pit Bull, Rottweiler, Chow, German Shepard, Presa Canario, Siberian Husky and Akita. It is very common for the dog that did the biting to be owned by a family member, neighbor or friend. Therefore, the victim often feels awkward making someone they know pay for their injuries. Depending on the limits of the dog owner s insurance policy, the insurance company typically covers the cost of the medical bills and other related expenses.

13 18 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 19 workers can also provide detailed descriptions of how the pain has disrupted your life. What if I can t return to work right away, who will pay for my lost time? Your injuries may be serious enough to temporarily prevent you from returning to work. Or, if you are able to return, maybe your ability is now limited and you can only do part of what you once did. Even if you are being paid by an employee benefit such as health insurance or vacation time, you should be able to be reimbursed for this time lost. What will the insurance company offer me for my injuries? As the victim of a dog bite, you are entitled to receive just compensation for your injuries, medical expenses and lost wages. Payment of your medical bills. This includes all reasonable and necessary expenses for medical care that is directly related to the injuries you sustained from the dog bite. Some examples are bills from the ambulance company, the hospital emergency room, doctors and pharmacies. Out-of-pocket expenses for such things as co-pays are also recoverable. Payment of your future medical bills. An estimation of future medical bills is potentially recoverable as long as the doctor who provides the estimate will testify under oath that these medical expenses will reasonably occur. Pain and suffering, as discussed earlier. Lost wages. Whether you are self-employed or work for someone else, you may be compensated for all wages you have lost as a direct result of the dog bite. You should be compensated for the full amount, even if you were paid through an employee benefit such as disability insurance or vacation time. If you work for someone else, you will need to provide paycheck stubs or W2 forms to verify your wages. If you are self-employed, your past tax returns can verify your pay. Any recovery for lost wages can be made on taxable income only. Therefore, in the eyes of the law, if you don t pay taxes on your income, you can t make a lost wage claim. Loss of earning capacity. You may also be able to recover wages you are likely to lose in the future because of your injuries. As with future medical expenses, you will need to provide proof that future loss of earnings will in all probability occur. Your attorney may consult with an accountant or economic expert to help calculate this figure.

14 20 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 21 How will I know if the insurance settlement is fair for my injuries? The jurisdiction (courthouse) and, thereby, the available jury pool where the case would be tried. Adding value to your case helps maximize your recovery. However, it is only after you have reached maximum healing that your attorney will begin to place a value on your claim. To do this, the attorney will take into account not only the total amount of your medical bills and lost wages, but what damages you will be suffering in the future. All damages require evidence, not just your word, that they happened. Usually, injuries are documented through medical records from the treating medical provider. Each time you have a doctor visit or therapy session, the doctor or therapist will document the original problems and the progress being made in treating the injuries. Another thing to consider is the likelihood of winning your case if you go to trial. It is important to weigh the odds of winning against losing. If your case ends up in trial, you and your attorney should consider the following: Juries in some venues are more conservative in their evaluation of dog bite cases than juries in other, more liberal, jurisdictions. The first impression you and your attorney will likely make on the jury. The first impression the dog owner, their insurance company and their attorney will likely make on the jury. The impression that your health care providers will likely make on the jury, and the strength and content of their opinions as they relate to your injuries, their permanency and their etiology. The settlement value of your claim is directly related to the risk ratio of all parties involved. As the victim, you want to receive as much as possible for your claim. The insurance company wants just the opposite. Insurance adjusters are not rewarded on how fair their settlements appear. The dollar figure that the insurance company is willing to pay is based on the odds, as perceived by the insurance company, of being hit with a much higher pay out figure at trial. The dollar figure that you are willing to take should also based on these odds to some extent.

15 22 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 23 Do I need an attorney or can I simply settle this matter on my own? Some dog bite victims think they are better off not having an attorney represent them because they can save money on legal fees if they settle their cases directly with the insurance company. But in cases involving serious injuries and substantial wage losses, this is not a smart thing to do. Unless you are highly skilled in personal injury law, trying to match your negotiating skills, which, if you are like most people, are slight, against those of the insurance company will surely be intimidating for you. The insurance company negotiates settlements in personal injury cases every day. They make their living doing so. And though it s good to have confidence in your own abilities, some things are better left to professionals. The average person is not trained to properly evaluate their own dog bite case. They have no experience comparing the value of their case with actual jury verdicts or settlements in other similar dog bite cases. In my experience, dog bite cases have a delicate balance between physical injuries resulting directly from the attack and emotional stress caused by the fear of being bitten again. This fear can be considered a form of post-traumatic stress, which is also a type of damage. How long can I wait before moving forward with my claim? In dog bite injury cases, you need to learn your legal rights and you need to learn them quickly. There are time limits associated with these claims. I ve seen many cases where an injured person is entitled to receive compensation for a dog bite injury, but never takes any action to submit a claim to get what they truly deserve. As discussed, you may be able to get compensation for medical bills, future medical treatments, psychological counseling, loss of wages, pain and suffering, disfigurement, and other after-effects from the bite. But, you must act within the stipulated time limits, which vary according to the circumstances and subsequent injuries unique to each case. There are also specific requirements in many insurance policies that require you to notify the insurance company within a certain amount of time after a dog bite. You need to be aware of these time constraints, otherwise you may miss the deadline and could be denied coverage. Remember this: Knowledge is power. Don t hesitate to ask important questions. It is essential that you become better informed about your dog bite injury case.

16 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 25 Immediate And Swift Action On Your Part Is Critical. Although there is no guarantee that you will never be bitten by a dog, there are some precautions you can take to minimize your risk. Among these are: Never approach a strange dog in the dog s own territory. Never impose on a strange dog s puppies, food or family. Avoid placing your face close to a dog s face, startling a dog or teasing a dog, particularly during the dog s mealtime.

17 26 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 27 Never leave a child alone with a strange dog, even if the dog appears to be friendly. Dogs often become territorial or feel threatened, and as a result, may attack the child. If you are being attacked, don t run from the dog. Try to stand still. If you have been knocked down, cover your head and face, and roll into a ball. Don t act threatening toward the dog that may make matters worse. If an attack does occur, there are nine important steps you should take immediately to minimize your injuries. They are: 1. Immediately wash the wound with warm, soapy water and rinse thoroughly. 2. Seek immediate medical attention at your local emergency room. 6. If the owner fails to provide updated vaccination records, demand that the dog be confined and observed. 7. Take multiple photographs of your wounds. 8. Obtain contact information such as names, addresses, phone numbers and addresses of any witnesses to the attack. Also ask the witnesses to give their recollections of the attack. 9. Contact a competent personal injury attorney who handles dog bite cases. Remember this: Reacting quickly after a dog bite attack can lessen your injuries. 3. Notify your local police department and ask that a report be made. 4. Notify the Missouri Department of Health and your local municipal health department. 5. Request current rabies vaccination records from the dog s owner.

18 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 29 What Can A Personal Injury Attorney Do For You And Your Case? It is the attorney s job to get their injured client the highest recovery possible, to inform the client of all legal options, and make sure the client is aware of all their medical treatment options. An attorney will: Meet with you and your family to explain dog bite liability laws and how the dog owner s homeowner s insurance can help pay the expenses resulting from the attack. If the victim is a child, explain special requirements pertaining to handling a case involving a minor.

19 30 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 31 Have professional photos taken of your bite wounds and injuries. Determine the dog s true owner or keeper. Determine the dog owner s insurance carrier, amount of coverage and clauses specific to dog bites. Obtain the police and dog bite reports. Work with medical providers to make sure you are getting the proper and necessary medical treatment. If necessary, discuss the case with a plastic surgeon. Assess the value of the claim and the best way to achieve that value. Prepare a detailed demand package for the insurance company and the dog s owner. Investigate the dog s prior medical and obedience history. Obtain any existing prior bite reports on the dog. Take statements from all witnesses at the scene of the attack. Interview others who know you on a daily basis such as friends, neighbors and co-workers. Investigate the scene of the attack. Collect all medical records. Assess all sources of recovery, including insurance policies and worker s compensation benefits. If necessary, go to trial and present your case to a jury. As explained earlier, you, as the victim of a dog attack, are entitled to recover just compensation for your injuries, expenses resulting from the attack and changes the attack has made on your life. But as the claimant, you are also responsible for proving the dog or, more accurately, the dog s owner, is at fault for your injuries. Dog bites are serious problems in the United States. Knowing your legal rights and obtaining an experienced attorney can help you protect you and your family. A seasoned personal injury attorney with extensive experience in dog bite injuries can sort it all out for you and advise you on the best approach the best possible recovery. Remember this: An experienced dog bite injury attorney will help ensure the maximum amount of reimbursement to which you are entitled. They are on your side.

20 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 33 SPECIAL 15 POINT BONUS CHECKLIST How do you know if you have found the right attorney? Here is a list of 15 vital questions you should consider when choosing the right dog bite attorney for your case. 1. Ask if they have information like this guide or a website. If not, ask why. 2. The most important qualification an attorney can have is experience dealing with the type of case you have. The real estate attorney does not practice personal injury law full-time and vice versa. Ask the attorney how much experience they have handling dog bite injury cases.

21 34 John J. Page 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case Will the attorney you meet with be handling your case on a day-to-day basis or will it be handed off to an assistant? 4. Can the attorney be reached outside of normal office hours? If so, how? 5. How quickly does the attorney return your calls, on average? 6. If the attorney appears in court on your behalf, when will you be notified as to the outcome of the proceedings? How? By phone? In writing? ? 13. What was the last case they settled? For how much? 14. Why is your case worth their time and effort? 15. Can they recommend an attorney from whom you can get a second opinion? If your attorney can t give you the name of another attorney, are they truly confident in their own abilities? 7. How often will you receive updates about the status of your case? 8. What types of cases does the attorney typically handle? 9. Will you have to call the attorney to get updates or will they automatically keep you informed on a regular basis? 10. How many cases does each attorney in the firm handle? 11. Are they trial attorneys? Have they participated in jury selection? 12. When was their last jury trial?

22 9 Immediate Steps That You Must Take To Protect Your Dog Bite Case 37 Conclusion I hope you have found this book helpful. Please let me remind you once more of the various and rigid deadlines relating to dog bite claims. Please engage competent legal advice as soon as practically possible. As always, I can be reached 24 hours a day, seven days a week, 365 days a year on my cell phone at All the best wishes!

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25 9 IMMEDIATE STEPS THAT YOU MUST TAKE TO PROTECT YOUR DOG BITE CASE John J. Page Attorney At Law Some dogs are prone to aggression. Breeds such as Pit Bulls, Dobermans and Rottweilers have bad reputations for attacking, even when unprovoked But the truth is, any dog that is treated roughly or trained to attack may bite someone at any time. Any dog has the potential to become dangerous. The owner or handler is most often responsible for making a dog dangerous. This irresponsible behavior can put others in real danger. Man s best friend? Not always. Reports show that about 4.7 million people in the US are bitten by dogs each year and that over two million of these bites result in injuries. In addition, about 800,000 dog bite victims each year require medical treatment, about 1,000 dog bite victims a day are seen in hospital emergency rooms and about 20 people die annually from injuries caused by dog bites. Perhaps the most unsettling statistic of all is that the majority of severe injuries resulting from dog bites occur in children under the age of 10. In his new book, Mr. Page takes you through a dog bite injury case from the ground up, explaining the steps you should take immediately after being bitten to obtaining proper medical treatment to assembling solid evidence proving how the attack has impacted your life. Mr. Page has been representing victims of dog bite injuries for nearly a decade. Here, he offers a straight-ahead look at what to do and what not to do to obtain a fair and reasonable outcome of your injury claim. *The choice of a lawyer is an important decision and should not be based solely on advertisements. Law $16.95 ISBN >