A dog bite can be a sudden, traumatic event with lasting physical and emotional consequences. In the moments after an attack, your priority is undoubtedly seeking medical attention. However, what you do in the hours, days, and weeks that follow can significantly impact your ability to receive fair compensation for your injuries. In Vermont, securing a successful settlement for a dog bite depends on the quality and comprehensiveness of the evidence you gather. This article will guide you through how to handle a dog bite incident in Vermont as well as the essential steps to document every facet of your experience, building a strong foundation for your claim.

Examining Vermont's Dog Bite Laws

Vermont operates under a "strict liability" statute when it comes to dog bites. This means that a dog's owner is liable for the damages their dog causes, regardless of whether the owner knew the dog was dangerous or had a history of aggression. This is a significant advantage for bite victims, as it removes the burden of proving the owner's negligence. However, this does not guarantee an automatic payout. You still need to present a compelling case supported by solid evidence.

There are, of course, exceptions to this rule. If you were trespassing on the owner's property or were tormenting, teasing, or abusing the dog, your ability to recover damages may be reduced or eliminated. Vermont follows a modified comparative negligence rule, which means that if you are found to be partially at fault for the incident, your compensation will be reduced by your percentage of fault. If you are found to be 51% or more at fault, you will not be able to recover any damages. This is why thorough documentation is so important—it helps to create a clear and accurate narrative of the events, minimizing any attempts to shift the blame onto you.

The Immediate Aftermath: Preserving the Scene and Your Injuries

The evidence-gathering process begins the moment the attack occurs. If you are able, or if someone is with you, take the following steps:

• Identify the Dog and its Owner: Get the name and contact information of the dog's owner. If the owner is not present, try to find out where the dog lives. If there were witnesses, ask them for their contact information as well. Their testimony can be invaluable later on.
• Photograph Everything: In today's world, almost everyone has a high-quality camera in their pocket. Use your smartphone to take pictures and videos of your injuries, the dog, the location where the bite occurred, and any torn or bloody clothing. Capture your injuries from various angles and in different lighting conditions to accurately represent their severity. Continue to take photos of your injuries as they heal to document the entire recovery process.
• Seek Immediate Medical Attention: This is important for your health and for your legal claim. A medical professional will clean and treat your wounds, reducing the risk of infection, and will create a medical record that officially documents your injuries. This record will be a cornerstone of your dog bite claim. Be sure to tell the doctor exactly how the injury occurred so it can be noted in your chart.

Building Your Case: Comprehensive Evidence for a Dog Bite Settlement

Once your immediate medical needs have been addressed, you can begin to compile a more comprehensive file of evidence. The more detailed your documentation, the stronger your position will be when negotiating a dog bite settlement.

The Importance of Medical Records in a Dog Bite Claim

Your medical records are one of the most persuasive pieces of evidence you can have. They provide an objective, professional assessment of your physical injuries. Your medical file should include:

• Initial Emergency Room or Urgent Care Records: These documents will detail the immediate aftermath of the bite, including the size and location of the wounds, the treatment provided, and any medications prescribed.
• Follow-Up Doctor's Visits: Continue to see your primary care physician or a specialist as recommended. These visits will document the healing process, any complications that arise, and the long-term prognosis.
• Records of Specialist Consultations: If your injuries require treatment from a plastic surgeon, an orthopedic specialist, or a neurologist, be sure to keep meticulous records of these appointments.
• Mental Health Records: A dog attack can be a terrifying experience, often leading to post-traumatic stress disorder (PTSD), anxiety, and a fear of dogs. If you are experiencing emotional distress, seek help from a therapist or counselor. Their notes and diagnosis can be included in your claim for pain and suffering.

Demonstrating Financial Losses Beyond Medical Bills

A dog bite can have a significant impact on your finances. To be fully compensated, you need to document all of your monetary losses.

• Lost Wages and Earning Capacity: If your injuries prevent you from working, you are entitled to be compensated for your lost income. Obtain a letter from your employer detailing your rate of pay, the hours you typically work, and the dates you were unable to work due to your injuries. If your injuries will affect your ability to earn a living in the future, an economist may be needed to calculate your diminished earning capacity.
• Miscellaneous Expenses: Keep receipts for all out-of-pocket expenses related to your injuries. This can include transportation costs to and from doctor's appointments, the cost of medical supplies like bandages and antibiotic ointments, and even the cost of replacing your torn clothing.

How a Dog Bite Lawyer in Vermont Can Assist in The Collection of Evidence

While you can and should gather much of this evidence on your own, a seasoned dog bite lawyer can be an invaluable asset. An experienced attorney will know what to look for and how to obtain evidence that may be difficult for you to access on your own. A dog bite attorney in Vermont can:

• Conduct a Thorough Investigation: This may include interviewing witnesses, obtaining surveillance footage from nearby homes or businesses, and researching the dog's history.
• Obtain Animal Control Records: If animal control was called to the scene, they will have created a report. This report may contain information about the dog's vaccination history, any prior bite incidents, and the owner's compliance with local leash laws.
• Hire Expert Witnesses: In some cases, it may be necessary to hire expert witnesses to strengthen your claim. This could include a medical expert to testify about the severity of your injuries or an animal behaviorist to testify about the dog's propensity for violence.

Is There an Average Dog Bite Settlement in Vermont

Many people are curious about the average dog bite settlement. It is important to understand that there is no "average" settlement. The value of your claim will depend on a variety of factors, including

• The severity of your injuries
• The amount of your medical bills and lost wages
• The presence of permanent scarring or disfigurement
• The impact of the injuries on your daily life
• The strength of the evidence you have gathered

While it is impossible to predict the exact amount of your settlement, a skilled dog bite lawyer can evaluate your case and give you a realistic assessment of its value. Their experience with similar cases in Vermont will provide them with the insight needed to negotiate effectively with the insurance company on your behalf.

The Negotiation Process and the Power of Preparation

The vast majority of dog bite claims are settled out of court through negotiations with the dog owner's insurance company. The insurance adjuster's goal is to pay out as little as possible. Your goal is to receive a settlement that fully and fairly compensates you for your losses. The strength of your evidence will be the deciding factor in these negotiations.

When your attorney presents a well-documented claim, complete with medical records, photographs, witness statements, and a detailed accounting of your financial losses, the insurance company is much more likely to offer a fair settlement. They know that if they don't, your attorney will not hesitate to file a lawsuit and take your case to trial.

Building a strong case for a dog bite settlement in Vermont is a methodical process. It requires diligence, attention to detail, and a thorough understanding of the types of evidence that are most persuasive. By following the steps outlined in this article, you can protect your rights and increase your chances of receiving the compensation you deserve.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you or a loved one has been injured in a dog attack in Vermont, you don't have to face the legal process alone. At Brandon J. Broderick, Attorney at Law, we have a team of experienced and compassionate personal injury attorneys who are dedicated to helping our clients get the justice they deserve. We understand the physical, emotional, and financial toll a dog bite can take, and we will fight tirelessly to ensure you receive the maximum compensation possible. Contact us today for a free, no-obligation consultation. We are here to answer your questions and provide you with the guidance you need to move forward.