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Dog Bite Level: How Does It Affect Oklahoma Settlements?
Explore the impact of a dog bite level on your case in Oklahoma. Learn how injury severity might influence legal outcomes and reach out for expert guidance.
Pet insurance broker Pawlicy.com says nearly half of Oklahoma households own a dog. And for many good reasons, from companionship to affection, loyalty, and potential physical, mental, and emotional health benefits.
Unfortunately, there are situations in which dogs (even trained ones that are almost always in excellent behavior) can still bite. In these cases, the person bitten may pursue the animal’s owner for a dog attack settlement.
The question is, can dog bite level or severity affect the settlement amount?
Join our legal experts at BDIW, Boettcher, Devinney, Ingle & Wicker, as we answer that question and share insights on filing a dog bite injury claim in Oklahoma.
An Overview of Dog Bite Level or Severity
Harvard Health Publishing reports that about 4.5 million dog bites occur annually in the United States. Many of these bites result in minor injuries, but some can also be more severe and, unfortunately, fatal. From deep facial bites to heavy bleeding, broken bones, and deadly rabies, these are just some of the severe effects of dog bites.
Medical professionals and law enforcement officers often use the Dunbar Scale to determine the extent or severity of dog bite injuries. As the website Dogster.com explains, this specific scale uses six levels:
- Level 1: No physical contact with the dog, although the animal exhibits an aggressive behavior
- Level 2: Also frequently described as a “near bite,” wherein the dog’s teeth make contact with but don’t puncture the skin
- Level 3: The bite leaves one to four punctures on the skin, but none are deeper than half of the canine teeth’s length
- Level 4: The bite leaves one to four punctures, wherein at least one has a depth that is over half of the length of the dog’s canine teeth, plus other injuries like bruising and lacerations
- Level 5: Multiple level-4 bites that often result in severe injuries
- Level 6: The most severe level, as the victim dies due to the dog bite
Bites that fall under level 3 and higher are reportable to law enforcement.
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SPEAK TO AN ATTORNEY TODAYCan Dog Bite Level or Severity Impact Oklahoma Personal Injury Claims?
Yes, the severity of dog bites can significantly influence the compensation amount or damages a victim gets in an Oklahoma personal injury claim. Usually, the greater the extent of their injuries, the higher the compensation they can receive.
Here are some of the primary factors and reasons severity influences the legal impact of dog bite cases.
Medical Expenses
The more severe a dog bite is, the more expensive the resulting medical expenses can be, which can arise from:
- Emergency treatment
- Surgeries
- On-going medical care
Dog bite victims may also need psychological counseling to help them address the trauma they develop as a result of the attack. Such treatments cost money, further increasing their medical expenses. For these reasons, severe dog bite injuries often warrant higher compensation amounts.
Lost Wages
Dog bite victims may require hospitalization for days, sometimes weeks, following the incident. In many cases, these result from severe injuries (e.g., if the victim must undergo surgery).
The longer victims stay hospitalized, the more work days they miss, which could result in lost wages. Therefore, their compensation must account for these missed work days and income/wage losses.
Future Treatments
Some dog bites can be so severe that patients must undergo additional future treatments, such as bone and skin surgeries. In such cases, the costs of these treatments should be part of the victim’s compensation.
Long-Term Impact
More severe dog bites can have lifelong consequences, such as permanent scarring and disfiguration. They can impair victims’ ability to work, so they must also be a factor when determining compensation.
Are All Dog Bites Compensable?
Title 4 Chapter 3, Sections 41 to 43, outline the strict Oklahoma dog bite laws. For instance, a dog owner is legally liable for damages if their dog, without provocation, bites or injures a victim in a place where the victim has a lawful right to be under Title 4 § 42.1.
So, under the same law, not all dog attacks or bites are compensable. A dog owner may not be liable if the person bitten by their dog was somewhere they shouldn’t be. For instance, if the bite victim trespassed on the dog owner’s property, prompting the animal to feel threatened and attack them.
What If You’re a Legitimate Dog Bite Victim?
Seeking immediate medical attention should always be one of the first steps following a dog attack. The sooner, the better, especially if there is heavy bleeding, potential broken bones, or a risk of rabies infections.
Next, consider filing a personal injury claim. If you or a loved one sustained injuries from a dog bite while you were somewhere you had the right to be; you have the right to receive compensation from the animal’s owner.
The highly experienced lawyers at our firm, BDIW, Boettcher, Devinney, Ingle & Wicker, can help with your dog attack case by:
- Looking into the circumstances surrounding the incident
- Gathering proof supporting your claim of having the right to be where you were during the attack
- Obtaining evidence proving the dog owner’s negligence and liability
- Acquiring medical records detailing the extent of the injuries, their short- and long-term impact, and their financial costs
- Working with expert witnesses to corroborate your account and case
- Dealing with insurance companies
With our expert legal guidance and representation, we can help you achieve the best possible results for your case and the maximum compensation you deserve.
Seek Professional Legal Guidance for Your Dog Bite Claim
The worse the dog bite level or severity, the greater its short- and long-term health and financial consequences. So, if you’re a victim of a canine attack in Oklahoma, it’s imperative to seek professional legal assistance to ensure you get the compensation you deserve.
Our team at BDIW, Boettcher, Devinney, Ingle & Wicker, can provide the legal guidance and representation you need for a dog bite case. We will use our six decades of combined legal expertise in successfully handling injury claims and many years of courtroom experience handling personal injury cases to get you the best possible results.
Schedule your free initial consultation with us today. It’s non-obligatory, and we won’t charge you anything until we successfully handle your case.