The dog seemed friendly until suddenly it wasn't. Now you're burdened with expensive medical bills, time away from work, and possibly permanent scars. You have important decisions to make about your personal injury case, including whether to accept a dog bite settlement or take your case to court.
Our state’s strict liability laws provide strong protections for injured parties, but determining the best path to compensation requires guidance from experienced South Carolina dog bite lawyers. We understand the physical and emotional toll a dog attack takes on victims and can guide you through this challenging process.
Understanding the Two Paths to Dog Bite Compensation
Before deciding between settlement and trial, you should understand how each process works in South Carolina dog bite cases. Both approaches aim to secure fair compensation, but they follow distinctly different legal routes.
Insurance companies covering dog owners typically prefer to settle claims quickly without court involvement. The overwhelming majority of South Carolina personal injury cases resolve through settlements rather than trials and court verdicts. However, sometimes taking your case to court becomes necessary when an insurer refuses to offer adequate compensation.
Dog Bite Settlement Process
Dog bite settlement negotiations usually begin after you've reached maximum medical improvement. Your Anderson dog bite lawyer will submit a demand package detailing your injuries, treatment, and damages.
The initial offer from the insurance company is typically much lower than your claim's value. This begins a back-and-forth negotiation process where both sides work toward an acceptable number. Most settlements conclude in under 12 months, giving you more control over the outcome while avoiding the risk of receiving nothing after trial.
Court Trials for Dog Bite Verdicts
When settlement talks fail, your dog bite case may proceed to trial in the Anderson County courthouse. Both sides exchange information about evidence and witnesses during discovery. Depositions are taken, experts are consulted, and motions may be filed to limit certain evidence.
At trial, your attorney presents evidence showing the dog owner's liability under South Carolina Code Section 47-3-110. A judge or jury then determines if the dog owner is liable and awards damages if appropriate. The entire process often takes one to three years. Even after a dog bite verdict, appeals may further delay your compensation for months or years.
Advantages of Settling Your Dog Bite Claim
Accepting a settlement offer presents several benefits for dog bite victims in Anderson:
- Faster resolution. Settlements usually conclude within months rather than years. A dog bite victim with mounting medical bills can pay for plastic surgery without debt.
- Guaranteed compensation. When you accept a dog bite settlement offer, you know exactly what you'll receive with no risk of a jury deciding against you.
- Privacy protection. Settlements typically include confidentiality provisions, keeping details private. This can be valuable when the dog owner is a neighbor or acquaintance.
- Reduced stress. Settling allows you to avoid depositions, cross-examinations, and the anxiety of testifying.
- Lower costs. Trials require expert witnesses and additional attorney time, all of which can reduce your net compensation.
Benefits of Taking Your Dog Bite Case to Court
While settlements are common, sometimes pursuing your day in court offers distinct advantages for Anderson dog bite victims. Consider these potential benefits of litigation.
- Potentially higher compensation. Juries sometimes award significantly higher amounts than insurance companies offer, particularly with severe injuries.
- Public accountability. Court proceedings create public records that can help hold irresponsible dog owners accountable. This transparency may be important if you want to prevent similar incidents in your community.
- Full story told. At trial, you have the opportunity to tell your complete story and have it heard. For many victims, this validation is emotionally important.
- Setting a legal precedent. Your case may establish a legal precedent that helps future victims, particularly if it involves unique circumstances not previously addressed in South Carolina dog bite law.
Key Factors to Discuss With Your Lawyer
Before deciding between settlement and trial, discuss these considerations with your Anderson dog bite lawyer.
Strength of Your Case
South Carolina's strict liability statute favors dog bite victims. Even so, your lawyer should evaluate the strength of your claim. They may consider clear proof establishing who owned or controlled the dog at the time of the attack. The defense may suggest you provoked the dog or were trespassing. Independent witnesses who saw the attack significantly bolster your case.
Value of Your Injuries
The severity and long-term impact of your injuries greatly influence the decision to settle or litigate. Comprehensive medical records detailing emergency care, surgeries, and future treatment needs are essential. Your lawyer will also estimate lost wages and future care needs to provide a baseline for evaluating settlement offers.
South Carolina follows modified comparative negligence. If you're found partially responsible, your damages may be reduced proportionally, as long as you're not more than 50% at fault.
Insurance Coverage
The available sources of compensation may influence your strategy. Most dog bite claims are covered by homeowner's insurance, but policy limits vary. If your damages exceed the policy limits, pursuing the case to trial may not yield additional compensation unless the dog owner has significant personal assets. Your attorney should investigate all possible insurance coverage.
Dog Bite Case Timeline
The time factor plays a crucial role in the settlement versus trial decision, affecting both financial and emotional aspects of your recovery. South Carolina has a three-year statute of limitations for dog bite injuries.
If you're struggling with medical bills or lost income, a quicker settlement may address immediate needs. Ideally, though, settlements should not be finalized until you've reached maximum medical improvement and future needs are clear. Going to trial can lead to significant delays, including the possibility of appeals.