You were walking your child home from school on a quiet Radcliff street when an unleashed dog charged from an open garage and attacked without warning. Now, you’re dealing with mounting medical bills, missed work, and a terrified child who needs counseling. The physical and emotional toll of a dog attack can impact every aspect of your life.
At Skeeters, Bennett, Wilson & Humphrey, our Central Kentucky personal injury lawyers help dog bite victims pursue the compensation they deserve. Let's examine the types of damages available under Kentucky law.
Economic Damages After a Kentucky Dog Attack
Kentucky law recognizes several financial losses that victims can recover in a dog bite injury claim. Economic damages can be calculated based on bills, receipts, and documentation.
Medical Expenses
Any costs related to treating your dog attack injuries are recoverable, including:
- Emergency room visits and ambulance transportation
- Surgery and reconstructive procedures
- Medications and medical supplies
- Physical therapy and rehabilitation
- Mental health counseling and trauma therapy
- Future medical treatments and ongoing care
Lost Income and Benefits
If your dog attack injuries kept you from working, you can claim:
- Missed wages during recovery
- Lost commissions or bonuses
- Paid time off used for medical care
- Reduced earning capacity if injuries limit future work
- Job retraining costs if you cannot return to your previous position
Property Damage
The dog attack may have damaged personal items like:
- Torn clothing and damaged accessories
- Broken glasses, phones, or other devices
- Items contaminated by blood or other fluids
- Replacement of necessary medical devices
Non-Economic Damages for Dog Bite Victims
Beyond financial losses, Kentucky law allows recovery for subjective damages that affect quality of life. Non-economic damages address the physical and emotional impact of the attack.
Pain and Suffering
This type of recoverable damage covers both physical and emotional distress:
- Acute pain from wounds and injuries
- Ongoing discomfort during healing
- Anxiety and fear around dogs
- Sleep disturbances and nightmares
- Depression or post-traumatic stress
Scarring and Disfigurement
Dog attacks often leave permanent marks. Victims may be entitled to seek compensation for:
- Visible scars, especially on the face or hands
- Tissue damage requiring reconstructive surgery
- Changes in appearance affecting self-image
- Social anxiety due to visible injuries
- Loss of confidence in public settings
Loss of Enjoyment of Life
Your Kentucky dog bite injuries may prevent you from:
- Playing with your children
- Participating in favorite activities
- Maintaining social relationships
- Enjoying outdoor activities
- Performing daily tasks independently
Punitive Damages in Kentucky Dog Bite Cases
Under Kentucky Revised Statute § 411.184, dog bite victims may seek punitive damages in cases involving particularly egregious conduct. These damages aim to punish wrongdoers and prevent similar incidents.
For example, punitive damages might apply if a dog owner:
- Knew their dog was aggressive but repeatedly let it run loose
- Encouraged or trained the dog to be aggressive
- Concealed previous attacks or bite incidents
- Demonstrated flagrant indifference to the safety of others
Strict Liability for Kentucky Dog Owners
Kentucky's dog bite statute creates strict liability for owners. This means dog owners are responsible regardless of whether they know their dog might bite.
Pure Comparative Negligence
Kentucky follows a pure comparative negligence system. If you played any role in causing the attack, like provoking or teasing the dog, your compensation may be reduced by your percentage of fault. However, you can still recover damages even if you were partly responsible for the dog attack incident.
No "One-Bite" Rule in Kentucky
Kentucky does not follow the "one-bite rule" that some other states use. Dog owners are liable even if their pet has never shown aggression before. The law focuses on preventing incidents rather than waiting for a dog to demonstrate dangerous behavior.
Factors Affecting Dog Bite Compensation
The value of your personal injury claim in Kentucky depends on several key elements. Young children often receive higher compensation due to lasting psychological trauma and the visibility of scarring as they grow. The location of injuries also matters. Facial injuries typically result in larger settlements than injuries to arms or legs.
Your occupation can impact compensation if injuries affect your ability to work. For instance, visible scarring might significantly impact someone in a public-facing role. Medical documentation showing ongoing treatment needs and expert testimony about future care requirements also influence claim value.
The strength of evidence supporting your claim plays a crucial role. Photos of injuries, witness statements, animal control reports, and medical records all help establish the severity of the attack and its impact on your life.
The Personal Injury Claims Process
Several potential sources of compensation may be available when pursuing a dog bite claim in Central Kentucky. Most claims start with the dog owner's homeowner's insurance policy, which typically covers dog bite incidents. If the attack occurred at a rental property, the landlord's insurance may provide coverage if the landlord knew about a dangerous dog on the premises.
Our Radcliff personal injury lawyer investigates all possible insurance coverage, including homeowner's policies, renter's insurance, umbrella policies, business liability coverage, and property owner's insurance.
The claims process involves:
- Documenting the incident and injuries
- Gathering medical records and bills
- Identifying and interviewing witnesses
- Determining available insurance coverage
- Calculating current and future damages
- Negotiating with insurance companies
- Filing a lawsuit if necessary
