Dog Bite

UPDATED: Oct 1, 2022

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Dog Bite

My stepson was bittennipped by my brother’s dog when we were visiting his house. My husband child’s father was a paramedic and treated and cleaned the wound immediately after it happened. My stepson continued to play. The child’s mother brought my stepson to urgent care 2 days later and to his pediatrician 5 days later. The child stepped on the dogs leg and it came up and nipped his side. It broke the skin but nothing major and hardly any bleeding. The child’s mother is friends with a lawyer who mailed my brother certified demand letter for medical bills. This is understandable as it was my brother’s dog who bit my stepson. Yet, she is requesting payment for the full amount charged from hospital before the claim went to insurance. My husband carries the child on his health insurance. The mother claimed insurance at the urgent care and pediatric’s office, however did not claim his prescriptions under insurance which they would have been covered if she had them submitted. Does my brother have to pay the full amount for the medical bills before insurance paid their portion and can he request the prescriptions be billed to insurance since there is no reason they shouldn’t have been in the first place? Is it even lawful for her lawyer friend to be requesting payments for items that the insurance paid and the mother won’t and hasn’t had to pay?

Asked on August 22, 2017 under Personal Injury, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Damages (compensation for the personal injury claim) includes the total medical bills whether or not they have been paid by insurance or will be paid by insurance. Compensation for the medical bills is straight reimbursement. The child's personal injury claim should also include compensation for pain and suffering which is an amount in addition to the medical bills.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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