She is 7 years old. the neighbor's German Sheppard jumped over their yard's fence and attacked my daughter while she was playing. There are some pretty serious scars on her face and hands. The neighbor's said they would pay for the emergency bill. I want to take her to a plastic surgeon to have the scars worked on. Should I sue my neighbors? Obviously the tension between us has been huge. I am hesitant to get an attorney because that would drive a stake in the neighborhood. But my daughter comes first. I live in Baltimore, Maryland right inside of Towson and Lutherville.
2007-04-13 11:46:44 · 16 answers · asked by Allison D 1 in Politics & Government ➔ Law & Ethics
What you need to do is call a Maryland personal injury lawyer. Make sure you have all your medical records and the cost and expenses relating to the plastic surgery to correct the scars. It sounds like your neighbors are liable and you should receive some type of compensation for your daughters injury including pain and suffering. If you need a personal injury lawyer I would visit the link below. Best of luck to you and your daughter...
2007-04-13 14:09:02 · answer #1 · answered by Jason m 3 · 0⤊ 0⤋
It depends a lot on the neighbors attitude. If they're being jerks about the whole thing then yes, take them to court. But if they are very upset about the incident, I think I would hold off on a lawsuit. In the meantime, document anything and everything. Every conversation. Take some pictures of the injuries, the dog, the way the dog got into your yard. When taking pictures, take several, when shooting an injury, put a ruler next to the injury to show the size. Take the pictures from several different angles for the best lighting. When you think you've taken enough pictures, take more. Get a picture of the front of your house showing the address. The more you do now, the better off you'll be if you go to court. First thing to do right now is to write down everything that happened. Do it while it's still fresh on your mind. Otherwise you will forget things later down the road.
2007-04-13 12:41:09 · answer #2 · answered by johN p. aka-Hey you. 7 · 0⤊ 0⤋
It may not be right but....when you didn't give the uninvited people the boot, they became guests in your house, this was not a 'strange' dog to them as she was your babysitter and friend, so she likely had no reason to worry about her child being in a different room than the rest of you...I am sure this is not the first time the child was left in a different room, just the first time the child was hurt, so it only has come into play now. I would think that they will get something (which is too bad), but likely they were directed to sue for a higher amount than they really expect to get. I suspect when all is said and done, the amount awarded will be covered by your insurance. I am sure this is aggravating, but really try to remember that things could have been so much worse, and that is why we all pay for insurance...to cover ourselves against greedy people.
2016-05-19 18:23:18 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Forget about your neighbors. They should be liable for their animal. Fence or no fence, they are responsible for their dog. I am not sure about the laws in Maryland for dog bite litigation, but I am pretty you can sue for damages. It will make a big difference if you are in Baltimore or Baltimore County - ala Towson. The court systems and lawyers will be different. Make sure you search for a dog bit lawyer that practices in Baltimore County, or Baltimore, MD. You should sue for the maximum amount allowed to you under the law. Most likely, you will sue the neighbor's home owner's insurance, not their assets, so you won't be putting them in the poor house.
2007-04-13 14:53:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think you should get an attorney to do all the paperwork and so everything you talk about with your neighbor isn't just "talk". It might or might not create a tension .. but they should understand. They should pay for everything -- from the emergency bills TO the plastic surgery for your daughter. It was their dog, after all.
Use your judgment. If your neighbors aren't that well off and might have some trouble paying, be a bit more lenient?
But from my stand point -- they should pay for everything. You don't need to sue them for anything more than that though.
2007-04-13 11:52:04 · answer #5 · answered by stellabliss 1 · 2⤊ 0⤋
Yes, she has to have the scars corrected. Can you invite the neighbor along to the plastic surgeons appt so they can hear first hand how much it will cost. Also, their homeowners insurance should cover the cost of the surgery, call their agent and find out what the next step is.
You may also be looking at couseling in the future if she has an overwhelming fear of dogs or animals in general. You may also want to check with your homeowners policy, and see what they will cover since it is your property. They may contact the neighbor and their ins. company and the lawyer so you can say, "I did'nt hire the lawyer"
My prayers are with your little one. We went thru this with my nephew and a family pet (400 stitches in his face at age 5) and today he is a handsome, healthy 6' 7" with a PhD. And he still loves big dogs and anything else with 4 legs.
2007-04-13 11:57:22 · answer #6 · answered by tlcats 3 · 2⤊ 0⤋
Your neighbor should notify his insurance carrier that you have a potential claim against him. Everybody who has a homeowner's insurance policy has liability insurance as part of that insurance policy. Ask the neighbor.
If the neighbor does not notify the insurance company, the next step is to engage the services of a personal injury attorney. Believe me, if the neighbor did not contact his insurance company after the accident, I am sure that he will contact the insurance company after he receives the letter of representation from the attorney.
Most personal injury cases are settled out of court, so it is not as though there will be a trial. Sure, things will be stressful for a while, but remember, people purchase homeowners insurance not just to protect their house from burning down. The purchase it also to protect themselves from liability.
2007-04-13 12:55:39 · answer #7 · answered by Mark 7 · 0⤊ 0⤋
I realize you think it will drive a wedge in the neighborhood, but the neighbor's homeowners insurance should cover this. Instead of suing, use your own insurance and assign the rights to sue (subrogation) to your medical insurance carrier. One of my employee's children was bitten by a dog 2 years ago. She's had to go to a lot of counseling. Without going into detail, it has had a profound emotional effect on the child.
2007-04-13 11:57:22 · answer #8 · answered by David M 7 · 2⤊ 0⤋
It's too bad that your daughter is having to go through this, and that this dog is probably going to have to be put down (should you have to report it) because your seemingly lousy neighbors couldn't train him properly -and not to mention they won't pay you...
Tell them what you want, and that you'd love to be able to work it out without consulting a lawyer. That may scare them enough to just pay - otherwise I don't think you have a choice. You have to do what's best for your daughter.
2007-04-13 12:00:28 · answer #9 · answered by shelly 4 · 0⤊ 0⤋
Their homeowners insurance should settle for future plastic surgery as well. See an attorney asap and see what your rights are in this case. We have attorneys jokes galore but what would the regular folks do without them? Seems like she can't get surgery until she's older.
2007-04-13 11:55:54 · answer #10 · answered by Middleclassandnotquiet 6 · 2⤊ 0⤋