An animal attack is a frightening and traumatic event, particularly for a child victim. Animal attacks on victims are often unprovoked. Generally, the animal's owner is legally responsible for the injuries and damages caused by the attack if the animal was not being tormented, teased or abused by the victim; the victim was not trespassing; and the victim did not prompt or provoke the attack.
The scene in the aftermath of an attack is usually chaotic. The best way to assist the victim is to remain calm yourself and focus on first assisting the victim. You should get as much information as possible about the animal, the animal's history, the animal's owner, and about the actual events of the attack. This information will assist the authorities and medical care providers assess the danger the attacking animal poses to the victim and to the public-at-large.
You should concentrate on doing the following at the scene of the attack:
The injuries sustained in an animal attack may be permanently impairing or disfiguring. The victim may incur substantial expenses for medical care and treatment and there may be substantial future medical treatment expenses. The animal's owner may avoid the victim, or the owner may be unusually solicitous, wanting to help he victim with an offer to pay for some of the treatment or offering a modest amount of money in order to be relieved of any further liability.
Some animal owners have insurance coverage to respond to claims for injuries caused by their animals. The insurance company representative will generally investigate an incident and will want to interview the victim and the witnesses. An insurance company representative may contact the victim with a promise of a quick monetary settlement if the victim will sign a release of liability. Needless to say the insurance company is not required to act in the victim's best interests.
The best way for the victim to be protected is to learn what legal rights and remedies are available by consulting with an attorney as soon as possible. Attorneys at Pellegrini, Seeley, Ryan & Blakesley, P.C. , are available and ready for confidential and private no-charge consultation with the victim and the victim's parent or legal guardian.
Attorneys at Pellegrini, Seeley, Ryan & Blakesley, P.C. , will assist you by evaluating the legal liability of the animal's owner, evaluate the potential monetary value of the injuries and damages sustained as a result of the animal attack, represent you in presenting and resolving your claim against the animal's owner and/or the owner's insurance company, and provide legal representation to you in a legal action seeking compensation for injuries and damages you incurred and caused by the animal attack.
* Don't sign anything until you have spoken with your attorney
Call (800) 785 - 5399.
First and foremost, you should call the police immediately. Obviously, if you or a passenger have sustained personal injury, obtain emergency medical assistance. You must report a hit and run accident to your own insurance company within 24 hours in order to preserve your right to coverage.
A lien is the legal right to repayment. Liens are established in motor vehicle cases in a few different ways. First, some medical providers establish liens to protect their right to the payment of outstanding medical bills from the settlement of a personal injury case. Second, personal health insurance companies establish liens to allow them to be reimbursed for any payments made for medical treatment in a motor vehicle accident case. Third, certain public benefits paid to motor vehicle accident victims may be recovered through liens. In all cases, Massachusetts law establishes procedures and rights of lien holders. If applicable, a lien reduces the amount of damages an accident victim receives.
In this set of circumstances, your work related injuries are compensable under the Workers' Compensation Act. At the same time, you may have a right against a negligent motor vehicle operator as well. The interrelationship between a workers' compensation case and a personal injury claim is always complicated. You must be careful, as you will be dealing with at least two different insurance companies and their claims personnel. As has been said, you shouldn't go it alone.