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Dog Attack
Victims'
Letter of Notification
Dog attack victims are often able to pursue
compensation for their injuries from the animal's owner. The
settlement process begins by writing a letter to the owner notifying
him that you
intend to pursue a
claim.
Let's use the example of a neighbor’s dog
biting you while you were jogging down the block. You were hurt badly
and
rushed to the hospital. Your leg required fifty seven (57) stitches to close the wound. You are now recovering and
wondering what to do next...
The Notification Letter is the first step in negotiating a
settlement of your personal injury claim. The Notification is NOT a Demand Letter. Now
is not the time to demand anything, especially if you are still
recovering from the attack and receiving medical or
psychological treatment to help you cope (these incidents can
be traumatizing to dog attack victims).
Following the steps below will give dog attack victims a much better chance of
successfully settling their case for a fair amount.
A solid understanding of professional terminology goes a
long way toward a good settlement. There are some important words
and phrases you can use to make your letter sound
professional. Doing this will give your letter added credibility and
let the dog owner know you're serious. All of the
terms below are used regularly by Insurance Companies and Attorneys.
Here are some
examples of the correct terminology:
- Using the word “accident”
diminishes the
seriousness of your claim. Don’t say things like “Dear Mr. _____, On
Tuesday I had an accident with your dog.” The word accident sounds
like it wasn’t anyone’s fault. Getting bitten
by an aggressive
dog while jogging down the street is not an accident, it's an "Attack."
Especially when the dog owner had an “Implied Duty”
to control his dog.
"Implied
Duty" - although there may not be a specific
law against owners letting their dogs out of the house, dog
owners do have a responsibility to control their dog so it
doesn’t cause harm to others.
- Refer to the dog attack as just that – an “attack!”
Instead of saying “Your dog bit me,” say “Your dog attacked me.”
The bite is understood, but the word attack is a more
graphic and
provocative characterization of what happened on the street.
-
Don’t use phrases like “It was your fault,” or "You’re responsible
for what happened.” Instead use the
words “culpable” and “culpability.” For example: “By
letting your dog run loose you
are culpable for the damage he causes.”
-
It's important not to confuse the words “Culpable” and
"Negligent.” Although they are close in meaning the subtle
difference is important. Think of the word “culpable” like
“guilty” - except the term Guilty is used in criminal cases and the
term Culpable is
used in civil cases. So you might say, “Your negligence makes you
culpable for your
dog’s actions.”
-
Instead of saying “The day it happened,” or "It happened on Monday,”
begin using the words “Date
of Loss.”
-
You do not want to use the phrasing, “Because of what happened I was
seriously hurt." Instead use the phrase, “As a direct and proximate
result of your negligence..."
-
Unanticipated injuries (especially those resulting in serious pain and
discomfort), as well as lost wages often produce damages which are
not tangible. It's difficult to quantify the depression or
anxiety one feels when injured and unable to work. Yet the
depression, guilt and anxiety are real damages – as real
as a broken arm or leg. The law refers to this as “Mental
Anguish” and "Pain and Suffering.”
- Although you may think this is too
personal, the law in most states allows you to recover for “Loss of Consortium.”
Imagine that while you are recovering from the attack you must avoid
moving your leg. As a result, any intimacy with your spouse or loved
one
is impossible. That is known as
“Loss of Consortium.”
- Try to use attention-grabbing adjectives and
adverbs. Phrases like “horrific
pain," "the dog’s jagged
teeth were like razor
blades," "bleeding
profusely" and “throbbing
pain in my
right calf." These are just a few examples of the descriptive language
you should use.
Notice in the letter which follows there are some statements
which may stand out. There is a purpose for this. A dog bite, in and of
itself, is not something too many people will get “worked up” about.
Using descriptive adverbs and adjectives is a sure way to make the
reader stand up and take notice. Take for example...
“....doing
all I can not to disturb dogs I have learned
have a tendency to bark loudly.” Inevitably there will be
a question
about whether you provoked the dog, that you came too close to the
house or taunted the dog. Making it clear from the outset that
you share no culpability in the attack is important. Statements like
these are called “Affirmative Statements.” They preemptively close the
door to an accusation of provocation.
“Your dog
grabbed onto my right calf, biting so hard I thought my leg
had just been cut in half.” This statement makes it
abundantly clear
the dog’s actions were deliberate and life threatening. Make it clear
that the dog
just didn’t bite you like some dogs do with a quick snap (maybe
when you are giving a dog a treat and he gets a little too anxious and
accidentally snaps at you), but that the dog really attacked you.
“The dog
continued to tear at my flesh” is a graphic statement
letting
the owner and anyone else reading your letter know clearly how intense
and painful the bite was.
“The pain
became so overwhelming I felt I was going to pass out.”
This is another powerful description of the devastation of the dog
attack.
“Searing hot
pain” is another fine example. Remember you are
trying to get the owner’s attention, and eventually that of his
insurance company.
“I stand to
lose many thousands of dollars as well as present and
future customers, all as a direct and proximate result of your
negligence.” Make it clear that you are losing your ability to make a living now AND into the foreseeable future, all due to the negligence of the dog owner.
“The Doctors
told me with a hole that large in my leg there was a high
probability scarring will occur.” Here you are putting the
owner on
notice that the seriousness of this bite will have long lasting
effects, and
will probably require plastic surgery. A scar on a leg won't be worth as much as a scar on the face, but it still requires compensation.
“...my wife
and I to sleep in separate beds.” This is a
sensitive part of some claims. Common law has long held
that when a person is injured as a direct and proximate result of the
negligence of another, and because of that injury cannot be intimate
with their spouse, such loss of intimacy is damage recoverable like
any other.
“The pain and
suffering I have, and will continue to endure is
indescribable.” Another clear and convincing statement of
the suffering
this vicious attack has caused the dog attack victim, and that the pain and suffering won't
end anytime soon.
"I have
suffered severe depression, anxiety and
guilt.” People don't realize that these damages can be
much more serious and longer lasting than just the physical injuries
themselves. That is why you should not hesitate to put this kind of
information
in your letters.
------------
A different letter from another dog attack victim
might read, “The dog
bit me and it hurt. I was bleeding a
lot.” Believe it or not the other dog
attack victims injuries
and pain might have been more severe than yours, but the way he
communicates that pain to the owner will not serve him well in
settlement negotiations. If you
were reading both letters which one would keep your
attention?
Thousands of insurance claims are
filed each day. Hundreds of thousands of letters are written from
dog attack victims each year. You
want yours to stand out and garner the attention
and sympathy of the owner, and eventually his insurance company.
With a working understanding of the correct terms and phrases you are
now ready to write
the notification letter. In our example the letter is addressed to Mr. Art Belmondo – Dog Owner. It's important to
make sure the letter contains the following:
(1)
A sentence or two confirming the day and date of the attack.
(2)
A statement confirming where you were and what you were doing
immediately before the attack (running down the street as you have
done hundreds of times before).
(3)
A clear and unequivocal statement confirming that Mr. Belmondo’s
negligence
in failing to control his dog makes him culpable for
the damages you have, and will continue to suffer.
(4)
An initial listing of the damages you've already suffered and may
continue to suffer into the foreseeable future. These include, but are
not limited to, pain and discomfort, mental anguish, loss of wages,
Doctors, Plastic Surgeons, Psychiatrists and more.
(5)
Conclude by telling Mr. Belmondo to turn
your letter over to his Homeowners Insurance Company immediately, and
remind him of the legal consequences if he does not.
(6)
Finally, send all correspondence by Certified Mail, this way you have
proof
that the dog owner and/or insurance company received it.
It's a good
idea to send a copy of your letter to your own insurance company. This
way, in the unlikely event Mr. Belmondo’s homeowners policy had lapsed
for non-payment, or if his limits aren’t
enough to pay for all your damages, your own insurance will
likely step in to provide you with the additional funds. They will do
this without holding the claim against you.
If your homeowners insurance does pay for your damages they will
attempt to get the dog owner or his insurance company to pay them back. This process is called
“Subrogation."
Remember that this letter is NOT the Demand Letter, it is the
Notification Letter. At
this stage you have just been injured and are most likely still being
treated. Once all or most of all your recovery is complete you will
send a Demand Letter to the company’s insurance company with a specific
monetary demand. We’ll address
that later.
Below is a
SAMPLE letter of notification for dog attack victims:
-----START Dog Attack Victims
Notification Letter-----
(Your Name and Address) MR.
JONATHAN L. PIERCE
15562 Ellington Avenue
Dallas, TX 75247
Email: jlp43@logo.com
Telephone: (214) 689-46X9
January 14th, 2011 (Date of Letter)
Mr. Art Belmondo (Name of Dog Owner)
15575 Empire Avenue
Dallas, TX 75247
Re: Dog Attack on December 12th , 2010 (Date
of Loss)
Dear Mr. Belmondo:
On December 12th, 2010 at about 6:30am I was enjoying my daily run.
I have been running for the last 10 years and for most of that time I
have taken the same route. I normally would leave my home on Ellington
Avenue, proceeding down Main Street, past Empire Avenue and then back
the same way. In all these years I have never been attacked
by an animal. I have always run in the streets, doing all I can not to
disturb dogs I have learned have a tendency to bark loudly.
It was about 7:15 the morning of December 12th. I was on the return leg
of my run turning onto Empire Avenue, when suddenly and without warning
or provocation from me I was attacked by a dog I later learned belongs
to you. Your dog grabbed onto my right calf, biting so hard I thought
my leg had just been cut in half. I did all I could to
extricate myself, and in so doing was knocked to the ground. With your
dog continuing to tear at my flesh the pain became so overwhelming I
felt I was going to pass out.
The next thing I remember is a man yelling at the top of his lungs
wielding a baseball bat. As he did your dog finally freed his vice-like
grip from my calf. As the dog ran away a Good Samaritan, who
I later came to know as Kenneth Norton, knelt down at my side asking
if I was alright. I was still in what I can only describe as searing
hot pain. I was bleeding profusely and had a gaping hole on my right
calf. It was as if someone took razor blades and sliced my calf
up and
down.
When the Paramedics arrived they stabilized me and transported me to
the Emergency Room at Parkland Hospital in Dallas. The bite was so
severe my Tibia bone could be seen. X-rays were taken and
revealed a fracture of the Tibia. I received Fifty Seven
(57) stitches and was kept in the hospital for two (2)
days. During that time I was on a constant drip of saline and
antibiotics. As you also know the Police were dispatched to
your home to discern whether your dog was current in his shots.
Once released from the hospital I began my recovery. The dressing on my
leg has to be replaced every four (4) hours, twenty four (24) hours of
every day. I was ordered by my Doctors to keep off my feet as much as
possible, because not doing so might cause the stitches to separate and
infection to set in.
I own my own small construction company. Our customers are mostly
homeowners. We build room additions, install new kitchens, paint homes
and generally perform those functions needed by homeowners. I have two
employees. Although they are here legally they are not fluent in
English. There are projects I have received partial payments
on and will be unable to finish for several months during my recovery.
I stand to lose many thousands of dollars as well as present and future
customers, all as a direct and proximate result of your negligence. My
employees are hard working and loyal laborers and have worked with me
for over ten (10) years. They count on me to provide enough work so
they can feed their families.
The Doctors told me with a hole that large in my leg there was a high
probability scarring will occur. They advised me that plastic
surgery
would be able to eliminate much of the scar, but I would have to
wait at least a year while the tear in my flesh properly healed.
During the first two (2) months of recovery the Doctors advised my wife
and I to sleep in separate beds because an accidental kick by my wife
could tear one or more of the stitches.
I have begun the long process of recovery. The pain and
suffering I have and will continue to endure is indescribable. I have
suffered severe depression, anxiety and guilt directly resulting from
your negligence. I've accumulated medical, prescription, nursing and
other bills as a direct and proximate result of your
negligence in failing to control your dog that terrible day in November.
On that November day my life was radically and inexorably changed
forever. The damages I have suffered, and will continue to suffer
include, but are not limited to the following:
- Ambulance
- Emergency Room
- Treating Physician
- X-rays
- MRI (Magnetic Resonance Imaging)
- Stitches
- Antibiotics
- Saline and other Drips
- Opiods for Pain
- Past and Future Loss of Wages
- Loss of Consortium
- Daily Nursing
- Future visits to Doctors
- Bandages
- Plastic Surgery
- Mental Anguish
- And More
Please turn this letter over to your insurance company immediately. If
I do not hear from your insurance company within thirty (30) days of
your receipt of this letter I will have no alternative but to seek all
legal remedies available under the law.
Yours
truly,
_____________________
Jonathan L. Pierce
CC: My Homeowners Insurance Company
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-----END Dog Attack Victims
Notification Letter-----
Once you receive the US Postal Service Green Card confirming the date
and time of delivery of your Notification Letter, you should mark on your calendar (2)
dates:
a) The
two
(2) week mark (from the day the letter was received).
b) The
thirty (30) day mark.
While waiting for a call from the insurance company make sure you read
over your Notification
Letter many times. When you finally do speak with the claims adjuster you
want all the details of your account to remain consistent.
If you have a home telephone number and have listed that number on your
Notification Letter, see if there is a way to forward any
calls to your cell phone. That will decrease
the chance of missing a call from the Insurance Company’s claims
adjuster.
If you haven’t heard from the Adjuster by the two (2) week mark don’t
panic. Adjusters can have hundreds of claims. But if you haven't heard from them by the 30 day mark you should call them up.
Imagine the claims adjuster calls you a week
later. This
is not the time to be aggressive and demanding. Keeping calm
will go a long way toward settling your claim.
All the Adjuster wants to do at the first call is
take your recorded statement. She will ask permission to
take your statement and then will say something like.
“My
name is _____. I am the Adjuster for ABCD Insurance Company and the
Claim Number is _____. I am speaking with Mr. Jonathan L.
Pierce. Do I have your permission to record this call Mr.
Pierce?”
You say “Yes.” Then she will ask you to state
what happened on the day of the attack.
That is
standard operating procedure.
Just tell the truth and try to stick to
what you said in the notification letter. At the conclusion of the
telephone call be sure to get the insurance adjuster’s
name, address, telephone number, email address, and the claim number.
That should be the extent of your first contact with the Claim’s
Adjuster. Do not expect the Adjuster to admit culpability for
her client. She is investigating the case and hasn’t drawn any
conclusions yet. Tell her you will continue
treatment and will contact her when it is almost complete.
From this point on continue your recovery and make sure you
hold on to every single receipt related to your recovery, from the
ambulance ride, to the receipts for parking at the doctors office, to
the days you missed work, etc. Keeping organized records is extremely important.
It will be quiet for a while. That’s a good
thing. Once your recovery is near completion it will be time
to calculate your damages and
send your DEMAND LETTER to the adjuster. That letter will start formal
negotiations with the insurance company.
Click here
to learn more and see a sample demand letter.
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