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Injuries Caused by Animals

Being injured in an attack by an animal – such as getting bitten by a dog - can be frightening and distressing. Animals can also be the innocent cause of accidents - for instance, cows straying onto the road have been known to cause collisions. In this specialist area of personal injury, the QualitySolicitors Wilson Browne team can provide sensitive, practical and expert advice.

Am I entitled to compensation?

You can only obtain compensation for an injury by suing somebody (either a person or a company or institution). They must be at least partly to blame for the accident, and responsible for the animal involved. If you have been injured in an attack by an animal, or because an animal has caused an accident, then the owner or keeper of that animal must have been negligent in not keeping it under control.  It is also important that we ascertain that the owner or keeper has the means to pay any compensation awarded as they may not have insurance which will cover your claim.

What might I be able to claim for?

If you succeed with your claim, you will compensated firstly for your injury. This is known as ‘general damages’ and it covers pain, suffering and loss of amenity.

Secondly, you can be compensated for any losses and expenses you have incurred as a result of the accident – for example travel and medication costs, damage to your property, and often loss of earnings. Any reasonable losses or expenses that arise out of either the accident or your accident-related injuries can be claimed. You must remember to keep all relevant receipts etc - without them, it will be difficult to prove your loss.

How much compensation am I likely to receive?

The Courts set tariffs for different types of injury. For example, compensation for scarring from a dog bite could range from £1,000 right up to £53,000. The highest awards are typically in the very worst cases of facial scarring to young women, where the effect is disfiguring and the psychological reaction severe.

The amount of compensation will always depend on the effect the injury has on the individual. In the early stages of a claim, we can only estimate your likely award for pain and suffering. Much depends on the extent of your actual recovery, and the degree to which it has affected your day-to-day life.

Once your injury has stabilised, we will arrange for you to see a medical specialist and will have a better idea of what your claim for pain and suffering may be worth.

Who pays my legal costs?

If you have suffered a significant injury (from which you will take several months to recover), there is not usually a problem in getting your legal costs paid by your opponent if you win. In such cases we should be able to represent you under a ‘no win no fee’ agreement, where we believe your claim has a good chance of succeeding.

Am I guaranteed to get some compensation if my case is taken on?

Litigation is often unpredictable, and we can never guarantee that any particular person will win their case. However, if we agree to take on your case it is because we believe you have a reasonable chance of succeeding.

We will continue to monitor the merits of your case for the duration of your claim. If your chances of success drop below 51% we will let you know. We will keep you updated on the strength of your case as it continues.

How long do these cases take?

We need to make sure that your symptoms have settled before we attempt to settle your claim.  If you are in financial difficulties we may be able to seek an interim payment from your opponent to help tide you over.

Will my case go all the way to trial?

Only about 5% of cases end up going all the way to trial, so there is a good chance that you will never see inside a courtroom. However you should still be prepared to give evidence. Your claim may be one of the few that does go to trial.

What information will you need to take on my claim?

We will need to have a detailed explanation of how the accident happened, and who you feel was to blame. We will need details of any witnesses and of people to whom you reported the accident.

How long do I have to decide?

In most cases you have 3 years from the date of the accident to make a claim. Please bear in mind that the longer you take to instruct a solicitor, the harder it is likely to be to get the evidence needed to prove your case. Witnesses will forget what happened, or will move away and become untraceable. Physical evidence may be lost, and the scene of the accident may change over time.

We would therefore advise you to consult a member of our Personal Injury team at QualitySolicitors Wilson Browne as soon as possible.

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