Case Study: Denver Dog Bite Case with $750,000 Recovery
Dog bite attacks can be extremely traumatic, resulting in devastating injuries that require extensive medical treatment. In serious attacks, reconstructive surgery may be required to address scarring and disfigurement, and psychological counseling may be necessary to work through post-traumatic stress disorder (PTSD) associated with the incident.
The severity of dog bite injuries makes it critical that you work with a specialist who has extensive experience handling these complex claims. At Pushchak Law, we’ve made dog bite cases a primary focus of our practice, and Brian Pushchak has helped many people injured in dog attacks recover the compensation they need to move on after this traumatic incident. The following case study highlights a recent result we were able to achieve for a client in the Denver area.
Case Overview
The case involved a dog bite attack in Longmont, Colorado in 2021. Our client was a 35-year-old single female.
The dog was an aggressive Alaskan Malamute with a prior history of biting a woman in the face. The dog’s owners went to play disc golf at a public park with a group of their friends and tied the dog to a tree near some picnic tables. Our client, who didn’t know the dog’s owners, walked past the dog and pet it for several minutes without issue. Then, the dog suddenly jumped and bit her in the face.
Our client suffered serious facial lacerations requiring emergency plastic surgery, psychological counseling and future plastic surgery. Despite undergoing multiple plastic surgery procedures, the facial lacerations left permanent scarring.
Additional Case Details:
- Fault: The dog’s owners
- Injuries: Our client suffered severe facial lacerations
- Medical Treatment Timeline: Our client went to the emergency room for urgent treatment at the time of the attack, then required ongoing psychological treatment and an additional plastic surgery procedure at a later date
Legal Challenges
The extensive amount of evidence to gather added a layer of complexity to this case. There were 15 witnesses to the attack that needed to be deposed. In addition, there were numerous depositions taken of veterinarians and responding police officers.
The dog’s owners also contested liability, which created an additional challenge. They claimed our client provoked the attack despite there being no evidence to support this argument. In addition, they retained an expert witness to argued dogs don’t like the smell of alcohol, and this contributed to the attack. Despite these attempts to assert that our client was partially at fault, there was no evidence to support a comparative negligence argument, and this claim wasn’t deemed credible.
The dog’s prior attack history further complicated liability, but it worked in our client’s favor. This history of aggression allowed us to pursue punitive damages in addition to seeking compensation for our client’s financial losses. Since the dog’s prior attack was on record and the insurance company had knowledge of it, there were no insurance issues associated with this case.
Our Strategy
Our client was driven by the desire to hold the dog owners accountable for their reckless decision to tie a known dangerous and aggressive dog to a tree in a public park without supervision. In addition, she was seeking to recover compensation for the extensive treatments required as a result of the attack.
Investigating the Attack
We conducted an intensive investigation into the dog owners and the dog’s history. We also spoke to the prior bite victim at length and thoroughly inspected the scene of the attack.
Expert Witnesses
We worked with many experts to support our claim, including several physicians and plastic surgeons who provided critical information about the extensiveness of our client’s injuries. We also worked with an animal behaviorist witness who was able to provide insights into the reckless conduct of the dog owners since they had knowledge of their dog’s history of aggression.
Key Legal Arguments
We argued that the lack of supervision of the dog made its owners 100% responsible for the attack. In addition, we added a claim against the dog owners for punitive damages since their lack of supervision rose to the level of recklessness given their dog’s prior attack history. The court’s permission to amend our case to add a punitive damages claim represented a true turning point in the lawsuit.
Our Approach
We were prepared to take this case to trial due to the severity of our client’s injuries and the need to secure a settlement that would adequately cover her damages. Fortunately, the dog owners had sufficient insurance to cover all damages, allowing us to avoid going to trial.
Outcome of the Case
We settled the case for $750,000 a couple of months before it was set to go to trial. Overall, the entire case took about a year and a half to resolve. The settlement covered 100% of the damages suffered by our client, as well as additional punitive damages associated with the dog owners’ reckless actions.
Impact on the Client
Our client received significant financial relief that was critical due to the very long, expensive road to healing after suffering severe facial lacerations. In addition, she was very happy that we were able to hold the dog owners responsible for their reckless conduct in the handling of their dog. Overall, she was extremely satisfied with the outcome of the case, as we were able to achieve her primary goals.
Key Takeaways for Dog Bite Victims
This case highlights the importance of getting us involved as soon as possible after a serious dog attack. Early investigation by our office is key to achieving a successful outcome in these cases. Our ability to take all witness depositions while their memory of the attack was still fresh helped us conclusively demonstrate that the dog owners acted negligently, allowing us to pursue punitive damages in addition to economic damages associated with our client’s financial expenses. In addition, spending the money required to prepare the case for trial paid off in the end, as it allowed us to maximize our client’s compensation.
Pushchak Law Can Help After a Dog Bite Attack
At Pushchak Law, we’ve made dog bite cases a primary focus of our practice, and Mr. Pushchak has helped many dog bite victims recover the compensation they need to move on with their lives after a devastating attack. Due to the serious injuries that often occur during a dog bite attack and the complex Colorado dog bite laws governing these cases, it’s critical to work with a dog bite specialist such as Mr. Pushchak. This expertise will give you the edge you need to maximize the value of your compensation.
At Pushchak Law, our unique Informed Decisions™ Approach is focused on helping you achieve the best possible outcome to your case. This approach keeps you in control of the process from start to finish, and it ensures you have all the information you need to provide input on the legal strategy used with your case. Mr. Pushchak will talk with you in detail to learn about the dog bite incident and understand your goals for the outcome of your case. After he explains your legal rights and options, you’ll have the opportunity to ask any questions you have to ensure you fully understand these options. While Mr. Pushchak will recommend the best possible strategy to achieve your desired outcome for the case, you will always have the final say on how we proceed. This approach ensures we remain aligned with your interests at all times.
Contact us today to schedule a free consultation. Pushchak Law serves clients in Denver and the surrounding areas.
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