What do I do when a friend’s dog caused me to fall and break my arm and wrist?

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What do I do when a friend’s dog caused me to fall and break my arm and wrist?

My friends asked me to come to her home to bring an item for her mother. Friend lives with her mother who is 70+ and has Alzheimer’s/dementia. She told her insurer it was not their dog that caused my fall; it was someone’s else’s dog. This is not true. I broke my wrist and arm; had surgery; missed time from work; had physical therapy; incurred pain and suffering. Medical bills and time missed from work total approx $60,000-$70,000. Their insurer has offered a settlement of $9,500 based on false statement by friend’s mom.

Asked on February 1, 2012 under Personal Injury, Mississippi

Answers:

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

Answered 9 years ago | Contributor

Your friend is liable for your injury caused by her dog.  Your friend's liability would be based on negligence for not controlling her dog.  There is also premises liability since your injury occurred at your friend's house.  The owner of the property is liable for your injury.

It would be advisable to reject the inadequate settlement offer from the insurance company and file the lawsuit against your friend and the owner of the property if the owner is someone other than your friend.

Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, an amount in addition to the medical bills.

You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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