A reflection in the bathroom mirror should not serve as a daily reminder of a traumatic afternoon in a local park or a neighbor’s backyard. But sadly, a dog bite can leave behind a permanent change to a victim’s physical identity and self-esteem. It is crucial not to underestimate the economic and non-economic toll of these devastating injuries.
What the law says about liability
Insurance adjusters may categorize scars as minor cosmetic issues, a label that fails to capture the true weight of the injury. In New York, dog-bite liability depends on the type of damages being sought. Under the law, an owner may be held strictly liable for a dog’s attack-related medical costs, even without proof the owner was negligent.
However, to recover additional damages such as pain and suffering, emotional distress, lost earnings or other non-medical losses, an injured person generally must show the dog had “vicious propensities” and that the dog’s owner knew or should have known.
The hidden price of reconstruction and recovery
Healing from a serious bite involves much more than initial stitches at an urgent care clinic. There can be several layers of future care that are frequently overlooked during early negotiations with an insurance carrier, including:
- Laser treatments to reduce keloid tissue and persistent redness
- Multiple revision surgeries as a child grows or as skin matures
- Psychological counseling to address phobias, social anxiety or PTSD
- Specialized dermatological products and high-end sun protection to prevent further discoloration
These costs accumulate quickly and must be projected accurately to ensure a settlement actually covers the lifetime of the injury.
Capturing the evidence of your injury
Proving the extent of an injury requires more than a single photo taken in the emergency room. New York courts look for evidence of how the injury affects daily life, comfort and self-image. To build a strong record, document the healing process with photos. Keeping a journal about physical sensations like itching or tightness, as well as your emotional state, provides a clear picture of the emotional impact.
Dog bite and attack victims deserve compensation for the full extent of their injuries, including those you can see and those you cannot. Working with an attorney and having an understanding of the law can help New Yorkers pursue the compensation you deserve.