Every dog bite is different, but in most cases, settlement depends on two factors: the estimated award, and the defendant’s feeling that they may lose the case. This article contains a discussion of these factors, as well as a list of things that can prevent settlement of cases by Dog Bite Lawyers Santa Ana.
The Defendant’s Chances of Winning the Case
For the defendant to settle a dog bite case, there has to be a significant risk of losing at trial. Therefore, the circumstances of the case fulfill the requirements set forth in state case law. If the statute is strict, it is easy to assess the owner’s liability. In places where rules are more relaxed, or where there are no laws at all, the parties may have to gamble on the dog owner’s ability to convince a jury that the animal had no tendency to attack. If the potential award is high, it’s clear that the victim was bitten by the animal and there’s no valid defense, the defendant is likely to settle the case.
The Measurability of Damages
Apart from defendant liability, the other factor is the losses sustained by the plaintiff, and their capability to recover damages. Estimating a potential recovery amount is difficult; at trial, the jury decides how much the defendant must pay the plaintiff. Some damages, such as lost income and medical bills, are easier to quantify. Though juries have discretion, they typically base damages on the amount proven by dog bite lawyers in Santa Ana. In settlement negotiations, parties have less capacity for dispute.
The Plaintiff’s Attorney
The location where the suit is filed is important, because juries in urban areas tend to give larger awards. If the jury wants to punish a defendant, it is easier to get that person to agree to a high settlement. If Dog Bite Lawyers Santa Ana have a history of accepting low offers and never taking cases to trial, the defendant may offer a lower settlement. It is critical for plaintiffs to verify that the Law Office of Joseph Richards, P.C. Personal Injury Lawyer is willing to go to trial if necessary.
