By the conclusion of the initial physical therapy, the shoulder surgery and the surgery rehabilitation, the client had accrued substantial medical bills due to the accident. Mr. Burns submitted a claim to the insurance company of the lady who had rear ended the client but that insurance company refused to pay. Mr. Burns then filed a lawsuit against the lady. The insurance company for the lady still tried, however, to delay paying the client's claim.

Mr. Burns called the lady's insurance adjuster and explained that the client had significant medical bills which could be presented to a jury at trial. He also explained that amount of medical bills would certainly result in a verdict in excess of the insurance policy limits of the lady who had hit the client.

Mr. Burns also told the adjuster that this was particularly true in light of the fact that the photos of the client going through the shoulder surgery would be shown to the jury at trial.  At that point, the adjuster agreed to pay the client the full amount of the lady's insurance limits.

Mr. Burns had also realized, early in the case, that the client had Uninsured Motorist insurance coverage on his own automobile liability insurance policy.  In California, this insurance covers you if you are hit by a driver who does not have any insurance. 

It also covers you when you are injured by an Under Insured driver. An Under Insured driver is someone who has insurance but not enough insurance to cover the full value of your claim. That was the situation which existed with the client because the lady who hit him had caused him injuries worth more than insurance policy limits she had.

For this reason, Mr. Burns then made a claim against the client's own insurance company under the Under Insured Motorist provisions of the client's policy.  The client's insurance company eventually agreed to a settlement.  It agreed to pay an additional amount of money which was almost equal to the amount paid by the insurance company of the lady who hit the client. This resulted in an excellent total settlement for the client.

The moral of this case history is that all drivers need to talk to their automobile insurance company about adding Uninsured/Under Insured Motorist coverage on their automobile insurance policies.  That insurance will provide you with a valuable source of payment in the event you are hit by someone who does not have any car insurance or, like the client's case, does not have enough insurance to pay the full value of your claim.  

The unfortunate truth is that man's best friend can cause a great deal of pain and harm.  What's worse is that most bites come from dogs that the victim owns or knows through a friend or family member. Many of these bites require medical attention and a few are even fatal. 

California law makes it the responsibility of the dog's owner for any and all damages caused by the dog as a result of the incident.

If you have suffered from a dog bite, taking these steps will help you get compensated for the medical expenses you incurred.

1. Take pictures of the scene, if you are able. Take a picture of the dog, of your injuries and where it occurred.
2. Get the contact information of anyone who witnessed the attack and be sure to stay in touch with them.
3. Find out if the dog has ever been quarantined by animal control or had any previous "Animal Bite Reports" filed against it.
4. Research the local leash law of where the incident occurred and see if the law was being violated when the dog bit you.
5. Interview neighbors of the dog and see what they say about the behavior of the animal.  Neighbors will be able to give great insight into how the dog normally behaves. 

Taking these steps will help you find the information you need about the owners and the dog. It will be dramatically increase your ability to receive compensation for your damages. 

If you have been bitten by a dog and have questions about what to do next, please give us a call, at no charge, at 949-496-7000.