The frequency of dog attacks in the United States increases every year. Each day, 1,000 Americans need emergency care for serious dog bite injuries; about 14,000 people are hospitalized each year as a result. Along with these injuries, of course, victims are suing dog owners for damages.

Each state has its own laws governing a lawsuit against a dog owner after an attack. Some impose strict liability on the owner, while others rely on common law theories of negligence. Some prohibit malicious claims; others limit compensation if the evidence shows that the dog was provoked into an attack.

Assuming there is a legal basis for filing a personal injury claim, the main issue is usually the cost of the claim. An experienced lawyer can assess the details and determine the range of a fair settlement. This, of course, will be influenced by many factors. Some of the major ones are:

The severity of the injury or disfigurement. Dog attacks can result in broken bones, nerve damage and other serious physical injuries. A person who is hit by a dog may well suffer serious orthopedic injuries that require surgery.

The size and location of any scars or defects. Bites on the face and hands usually result in higher compensation because they are more visible, especially in women and children. Some scars never fully heal, becoming irreversible disfigurements that cannot be corrected even with plastic surgery.

Mental suffering and psychological trauma from the attack. This can include post-traumatic stress disorder (PTSD). Many victims must begin seeing a counselor or therapist because of a new fear of dogs, because of regular re-experiencing of the attack, or because of pervasive feelings of anxiety and humiliation.

The type of treatment received for the injuries and the treatment needed in the future. If the victim required plastic surgery or will need it in the future, this will likely increase the amount of the settlement. In addition, many victims must undergo a series of rabies vaccinations, which is quite painful, in addition to scar revisions.

The amount of hospital costs, medical bills, and other expenses associated with the attack. If plastic surgery or scar correction is needed in the future, a cost projection by a board-certified plastic surgeon is strong evidence to support these claims for damages.

The amount of wages lost due to absence from needed work. Many victims – such as postal workers and food delivery workers – are attacked while doing their jobs and are compensated for their lost time. In such cases, compensating workers will claim back that wage, but they can be sued in a case against the dog owner.

Consequences of injuries sustained as a result of the attack on the victim’s life. Inability to engage in many normal activities and pleasures as before the attack, such as: walking or jogging in the neighborhood, say, or even riding a bicycle on public streets or in a park.

The amount of the policy limits is available from the dog owner’s insurance policy. This is usually a business or homeowner’s insurance policy, and their limits vary greatly. They are a major factor in determining the settlement amount.

In addition to the eight factors above, the circumstances of the bite are important in determining compensation. For example, if a dog owner claims that a child pulled the dog’s tail and thereby provoked the attack, the owner may (as long as it is supported by evidence) reduce the amount of the settlement. Similarly, a person who tried to stop a fight between two dogs may receive a lesser award, depending on the circumstances.

The location where the attack occurred can also be a deciding factor. Some counties, especially rural counties, are home to a more conservative population, and the settlement amounts of such juries will often be lower than in larger and more urban areas. It may be helpful to study the settlements and jury verdicts in various specific cities and counties.

To maximize the settlement amount, an experienced attorney will often refer the victim to a plastic surgeon who will personally examine the victim, take measurements and photographs, and recommend a plan to correct the scar.

For younger children, surgery may not be possible until they reach adolescence. If so, the young victim will be forced to live with scars or other disfigurements for many years and will probably be embarrassed about her appearance as well as subjected to bullying and ridicule by her classmates. This can have serious psychological and emotional consequences for the young child.

In addition, the advocate may refer the client to a psychologist or other mental health professional for evaluation. The victim may, for example, hide feelings and emotions from family and friends, but be more open with a professional, who can then write a report detailing the impact of the assault on the victim, the need for counseling, and the psychological prognosis.

Ultimately, it is the skills and experience of the dog bite lawyer that determines the amount of the settlement. Attorneys with extensive experience in successful settlements know how best to negotiate these claims with insurance adjusters to maximize them. If the case requires litigation, the victim will, of course, need an attorney with extensive courtroom experience.