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What damages are available if you or your child have been bitten or attacked by a dog?

A: The cost of all reasonable and necessary medical expenses that have been incurred and that are reasonably certain to be incurred in the future because of your injury, are recoverable.  These expenses include past (already-incurred) medical expenses and also future medical expenses, which may be caused by the original injury or that result from an increased susceptibility to future injury.  All forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management are included.  You can recover the full value of your medical expenses from the responsible party even if your health insurer has paid all or part of your bills.

You are also entitled to recover your lost wages (a/k/a loss of earnings) caused by your injuries.  Wages, commissions, bonuses and all other earnings and fringe benefits are recoverable. You can recover the full value of your lost wages even if your employer or disability insurance has paid all or part of them. 

If your injuries permanently limit your ability to earn, you can recover the value of the reduction in earning capacity with reasonable probability which will occur in the future.  These damages compensate you for your lost earning power over the remainder of your working years.

Compensation for loss of quality of life including physical pain and mental anguish you have suffered and will endure in the future because of your injury.  These general damages are in addition to and may be far more than the amount of your lost earnings and medical expenses.

Loss of full mind and body is the part of your bodily injury claim is designed to reimburse you for any loss of function or use of your body or mind.  These damages are in addition to your other damages described above. 

If the injury causes scarring, disfigurement or other unsightly marks, you are entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement.

Serious injuries to a spouse or child may cause damage to the relationship.  If this occurs, you are entitled to recover for the loss of society, affection and assistance or your child or spouse.   

Damages for “wrongful death” are usually available to the beneficiaries (often the wife, husband, parent or child) of the deceased person.  Damages are not limited to economic loss and may include damages for loss of consortium which the law defines as loss of companionship, comfort, guidance, affection and aid the relationship, general usefulness, industry and attention within the home and family.  Damages are also available for the deceased’s lost accumulation of value to his/her Estate and pre-death pain and suffering.