After a dog bite injury, victims often face costly medical bills, lost wages, emotional trauma, and other damages. Securing fair compensation can be challenging, but it is essential for your recovery. Settlement negotiations can provide a quicker resolution, while litigation may be necessary if the dog owner or their insurance company refuses to offer a fair settlement.
We specialize in both settlement negotiations and litigation, ensuring you get the compensation you deserve. Let us advocate for you, whether at the negotiation table or in the courtroom.
What Are Settlement Negotiations?
Understanding the Process of Settling a Dog Bite Claim
Settlement negotiations involve discussions between the victim’s legal team and the dog owner’s insurance company or legal representatives. The goal is to reach an agreement that compensates the victim for medical bills, lost wages, pain and suffering, and other damages without the need to go to trial. Settlement negotiations offer a quicker resolution compared to litigation but should never compromise the victim’s right to fair compensation.
Key aspects of settlement negotiations include:
- Presenting Your Case: Your lawyer will present a detailed demand letter that outlines the nature of your injuries, the medical treatment required, and the financial and emotional damages suffered.
- Negotiating a Fair Settlement: During negotiations, our legal team will counter any lowball offers from the insurance company and work to secure a settlement that fully reflects the severity of your injuries, future medical costs, and long-term emotional or psychological impact. We will keep you informed of each offer and provide strategic advice on whether to accept, counter, or proceed to litigation if the offers are unsatisfactory.
- Avoiding a Trial: Settling the case out of court can save time, legal fees, and the stress of a trial, especially if the dog owner’s liability can be clearly established. In cases involving prior aggressive behavior by the dog, negotiations are often successful in securing fair compensation.
We handle all aspects of settlement negotiations, ensuring that your interests are represented and that the settlement amount reflects the full extent of your injuries.
When to Consider Litigation
Taking Your Dog Bite Case to Court
While most dog bite cases in New Mexico are resolved through settlement, litigation may be necessary when a fair offer is not reached or liability is disputed. Litigation involves filing a lawsuit and may require taking the case to trial if a fair settlement cannot be reached. Here’s when litigation may be the best option:
- The Insurance Company Refuses to Offer a Fair Settlement: If the insurance company offers a settlement that does not adequately account for your medical bills, lost wages, emotional trauma, or other damages, litigation may be necessary to pursue fair compensation.
- Disputes Over Liability: Under New Mexico law, dog owners are liable for injuries caused by their dog if they were negligent, such as by violating local ordinances like leash laws or failing to control their dog. Liability is based on the dog owner’s failure to take reasonable steps to prevent the attack, and prior dangerous behavior can strengthen the claim but is not always required.
- Severe or Permanent Injuries: Cases involving severe injuries, permanent scarring, or long-term disability often require higher compensation, which may be more difficult to achieve through settlement negotiations.
- Bad Faith Insurance Practices: If an insurer engages in bad faith practices, such as unjustly delaying or denying a reasonable settlement, the court may impose penalties, including attorney’s fees and court costs. In extreme cases, bad faith claims may lead to compensation beyond the original claim amount.
Our legal team is prepared to take your case to court if necessary, ensuring that your rights are protected and that you receive the compensation you deserve.
How We Approach Settlement Negotiations
Maximizing Your Compensation Through Strategic Negotiation
We take a proactive approach to settlement negotiations, aiming to secure a fair and reasonable settlement that fully compensates you for your injuries. Our process includes:
- Comprehensive Case Preparation: We gather all relevant evidence, including medical records, witness statements, and expert testimony, to build a strong case that supports your claim for compensation.
- Presenting a Detailed Demand Letter: We draft a thorough demand letter that outlines the severity of your injuries, the impact on your life, and the financial and emotional damages you’ve suffered. This letter serves as the foundation for our negotiations.
- Handling All Communications with the Insurance Company: Our team will negotiate directly with the insurance company, ensuring that you are not pressured into accepting a low offer.
- Pursuing Full Compensation: We fight for a settlement that covers all of your damages, including medical expenses, lost wages, pain and suffering, emotional trauma, and any long-term care needs.
Our goal is to resolve your case efficiently while ensuring you receive the full compensation you deserve.
How We Handle Litigation
Aggressively Fighting for Your Rights in Court
If litigation becomes necessary, we are fully prepared to represent you in court. Our litigation process includes:
- Filing the Lawsuit: We will file a formal lawsuit against the dog owner or their insurance company, outlining the damages you are seeking and the legal basis for your claim.
- Discovery Process: During discovery, both sides will exchange evidence and information. We will gather depositions, interrogatories, and other evidence to build a strong case for trial.
- Expert Witness Testimony: Expert testimony may include medical assessments of your injuries, projections of future medical costs, and reports from animal behavior experts regarding the dog’s temperament or history of aggression. This evidence strengthens your case by demonstrating the full impact of the attack and establishing the dog owner’s responsibility.
- Representing You at Trial: Our experienced trial attorneys will present your case in court, arguing for full compensation for your medical bills, lost wages, pain and suffering, and other damages.
- Post-Trial Actions: If the court rules in your favor, we will ensure that the judgment is enforced and that you receive the compensation awarded.
Our attorneys have a proven track record of success in litigation and will fight tirelessly to secure the best possible outcome for your case.
Factors That Influence Settlement vs. Litigation
When Should You Settle, and When Should You Litigate?
Deciding whether to settle or pursue litigation depends on factors such as the severity of your injuries and the fairness of the settlement offer. Our team will guide you in weighing these factors to make the best decision for your case.
- Severity of Your Injuries: More severe injuries may result in higher damages, making litigation more appealing if the insurance company refuses to offer a fair settlement.
- Strength of Your Case: In New Mexico, liability is based on the dog owner’s negligence, such as failing to control the dog or violating local laws. If the dog had a known history of aggression, it can strengthen the claim, but liability is generally determined by the owner’s failure to take reasonable precautions.
- Time and Costs: Litigation can be a lengthy process, so if a fair settlement is offered early, it may save time and money to accept it. However, if the offer is too low, pursuing litigation may be worth the time and cost.
- Insurance Company’s Willingness to Negotiate: Some insurance companies are more likely to settle than others. If the insurer is unwilling to negotiate in good faith, litigation may be the best way to secure fair compensation.
We will guide you through the decision-making process, helping you weigh the pros and cons of settling versus litigating to ensure you make the best choice for your case.
Frequently Asked Questions
FAQs About Settlement Negotiations and Litigation
How long does settlement negotiation take?
Settlement negotiations can vary in length, typically lasting from a few weeks to several months, depending on factors such as the complexity of the case, the extent of your injuries, and the responsiveness of the insurance company. Throughout this process, we aim to resolve your case as quickly as possible while ensuring that the compensation offered is fair and comprehensive.
What happens if we can’t settle the case?
If a settlement cannot be reached, we will proceed with litigation by filing a lawsuit and presenting your case in court. We will continue to negotiate throughout the litigation process, as many cases still settle before going to trial under New Mexico’s strict liability or negligence standards.
How much does litigation cost?
While we operate on a contingency fee basis, meaning no upfront fees are required, litigation costs such as expert witness fees, court filing fees, and deposition costs may arise. We will clearly outline any potential costs before proceeding, so you fully understand what may be required as the case progresses.