My Child Was Bitten In The Face By A Dog In Virginia. What Are Our Rights?
Key Highlights:
- My child was bitten in the face by a dog in Virginia. What are our rights? Virginia allows dog owners to be liable for dog bites but it does not have strict liability for dog bites.
- Children who are bitten on the face by dogs are at a greater risk of infection, scarring, and nerve damage.
- A child younger than 7 years of age cannot be found to have provoked a dog under Virginia Law.
- The statute of limitations for your child’s lawsuit will be placed on hold until your child reaches the age of majority; a parent can file the lawsuit now for medical expenses incurred.
- The settlement for a child will be subject to approval by a Virginia Court.
In Virginia, if a dog bit your child’s face, you could hold the owner liable and recover the cost of their medical bills, as well as file for future care and damage caused by the bite, because of the additional protections given to children due to their age. If you are wondering, “My child was bitten in the face by a dog in Virginia. What are our rights?” then Tatum & Atkinson Law Firm can assist you with this information. Below you will find information concerning your rights, the medical ramifications, and how claims for injuries to children due to dog bites in Virginia work.
To ensure the best chance of securing your child’s future, reach the Tatum & Atkinson Law Firm at (800) 529-0804 for a free consultation today.
Why Facial Dog Bites Are So Serious for Children
Since children’s height enables them to be on eye level with most dogs, attacks typically lead to serious facial injuries that pose distinct challenges in surgery, recovery, and psychologically.
Infection
A dog’s mouth contains bacteria that can infect wounds. The CDC estimates that 1 out of 5 bites occurs with the possibility of needing medical treatment dog bite-related injuries. Facial wounds near the eye, nose, and mouth have a higher risk of developing an infection following a bite.
Scarring and Cosmetic Impact
Facial scars are highly visible, and as the child ages, the skin can improve, but it rarely makes the scar disappear. Although surgical revision may improve the appearance of the scar, the scar will generally stay visible with or without multiple surgical corrective procedures over time.
Nerve and Muscle Damage
The face is made up of many small nerves and muscles that control facial expressions, and a deep dog bite can sever these small nerves and cause a child to have continued numbness, weakness, or asymmetry of their smile, blink, or chew, long after their injury has healed.
Psychological Trauma
Children who are bitten by a dog often develop long-lasting fear, nightmares, anxiety, and post-traumatic stress disorder. The presence of a noticeable facial scar could increase a child’s self-consciousness when entering school at the age where children become influenced by peer activity and may delay their social growth and development.
Who Can Be Held Liable in Virginia
The laws in Virginia do not automatically hold dog owners liable for any bites, but there are still ways to hold someone, usually the dog’s owner or another responsible party, liable.
The Dog’s Owner
Under Virginia’s one-bite rule, an owner can be responsible for a dog bite if he had prior knowledge or should have known about the dog being dangerous. Some examples of evidence that may demonstrate the owner had knowledge of prior bites include aggressive lunging towards people or a dangerous dog designation. An owner can also be liable for negligence if he is in breach of a local ordinance, such as a leash law, regardless of whether the dog has ever bitten anyone.
A Caretaker or Keeper
If someone has control of the dog at the time of the dog attack Virginia, such as a pet sitter, dog walker, or family member, they may also be liable if it can be established that their negligence allowed for the attack.
A Property Owner or Landlord
It is possible for a landlord to be held liable when they have knowledge of a dangerous dog being kept at the premises and they took no action to remedy the situation, particularly with respect to any common areas of the property that the landlord is responsible for.
My Child Was Bitten in the Face by a Dog in Virginia. What Are Our Rights and Legal Protections?
The law in Virginia has special provisions that protect children from dog attacks, including an extended legal timeframe for filing the dog bite lawsuits, and providing the child an exemption from contributory negligence laws so that they are not liable for any actions that caused the accident.
A Young Child Cannot Be Blamed
The state of Virginia uses pure contributory negligence. A person even 1% responsible for their injury will be barred from receiving any damages. In Virginia, a child under the age of 7 is conclusively presumed incapable of contributory negligence. Meaning that they cannot be held legally responsible for their actions. Hence, the dog owner cannot argue that the child provoked the attack and caused the child dog bite injury. Children between the ages of 7 are also presumed incapable of negligence.
The Deadline Is Paused
In the state of Virginia, if you are an adult the time you have to take legal action is 2 years from the date of your injury; however when dealing with children, according to Va. Code § 8.01-229, the period does not begin until they reach their 18th birthday and they will then have the full 2 years after their 18th birthday to make a legal facial dog bite claim, meaning they must take action before turning 20.
As the parent, you are obligated to commence an action on behalf of your child as the child’s “next friend”. Please also know that you will have to follow the usual two-year statute of limitations for your own claim in seeking reimbursement for the child’s medical bills for yourself.
A Court Protects the Settlement
The law typically requires a Virginia judge’s approval of a child’s settlement, and the appointment of a guardian ad litem will usually be ordered to ensure that the amount offered is fair to the child and that the funds will be held in trust until the minor reaches maturity. Under Virginia law, any settlement for a minor amounting to $5,000 or more requires formal court approval.
What Your Family Can Recover
The facial-bite claim continues beyond the emergency room visit. It may also include medical expenses already incurred or projected to be incurred in the future, expenses related to cosmetic or reconstructive surgery (which may take place over several years), pain and suffering, therapy for psychological trauma, as well as dog bite compensation Virginia for permanent scarring or disfigurement.
As a child’s injuries are expected to impact him throughout his lifetime, oftentimes the future-care portion will be the greatest and most likely to be undercounted by an insurer.
Building a Strong Claim
In order to get your child the amount of money that he or she requires for complete recovery, you need to gather all necessary physical evidence and consult leading medical experts.
Document Everything
Put a record down for every part of your child’s injury. From right after the bite happens until the scar has formed on their skin, this will help you have solid proof of your injury. Keeping all medical records and bills is an important part of documenting your injury, along with the report made to animal control as well as recording any information regarding the animal’s owner or other witnesses.
The Experts Who Prove the Future
In a significant facial injury case with a child, there are typically two types of experts whose testimony is critical: A pediatric plastic surgeon anticipates what surgeries a child may need during growth, and a psychologist provides evidence of the emotional trauma child faced by a severe injury by providing a measurable, reliable plan of treatment for long-term care.
How Insurers Handle a Child’s Claim
Typically, the settlement for these claims is made through the homeowner’s or renter’s insurance policy of the respondent. Adjusters may encourage an early low settlement offer before the overall picture of the cosmetic and psychological outcomes has been established. This is precisely why there is a court approval process and a lawyer to protect the child’s long-term interests.
Get Answers From a Virginia Dog Bite Lawyer Today
If your child suffers an injury to their face, getting medical attention is your top priority. You will likely have the question: “My child was bitten in the face by a dog in Virginia. What are our rights?” Our advice is to get a free consultation with a dog bite lawyer. There is no charge to learn where your family stands.
Our lawyers at Tatum & Atkinson can help you understand Virginia’s dog bite statutes and the ways the law can protect children. The Heavy Hitters’ staff knows about the way that all insurance companies incorrectly calculate the costs associated with a facial scar for the course of a person’s life. And we know how to counter insurance adjusters’ tactics.
Call (800) 529-0804 for a free consultation. You will only be charged if we have a successful outcome for your family. We are available on a contingency fee basis.
Frequently Asked Questions
Is Virginia a strict-liability state for dog bites?
Virginia takes a one-bite and negligence rule approach; you usually have to prove the owner knew the dog was dangerous or that the owner was negligent through their conduct, or also if the violation of a leash law occurred. You can still get liability via an initial bite if the owner was negligent.
What if my child supposedly provoked the dog?
According to Virginia law, minors under seven years old cannot be considered liable, and a provocation defense cannot be used against them. Minors between seven and fourteen years of age are also presumed incapable of committing negligence, giving attorneys a strong basis for disputing insurers’ efforts to assign liability to those minors.
Do we have to file a lawsuit, or will insurance just pay?
Many claims are settled without going to court via the owner’s homeowners’ insurance, but any settlement awarded must be approved by the VA court. If the insurance company does not provide a fair value for your child’s future care and scarring, you may have to file suit.
How long do we have to take action?
A child’s claim is on hold until they turn 18 years of age. Do not wait until they’re 18 to act, as evidence disappears and memories fade over time, and a parent’s claim for medical bills is on the normal 2-year limit for filing; acting early will benefit both.
What does hiring a lawyer cost?
You will not have to pay for anything up front. These types of cases are done on contingency, which means you will only pay if we are successful in winning the case (recovery), and your initial consultation with one of our personal injury attorneys is free.
