Dog Bite Injury Lawsuit: Recovering Lost Wages and Diminished Earning Capacity

Each year, millions of Americans sustain dog bite injuries, with a significant portion of these incidents leading to serious physical and emotional trauma. According to the CDC, up to 18 people per 100,000 are bitten by dogs annually. Beyond the immediate pain and medical expenses, dog bite injuries can have long-lasting financial repercussions, particularly concerning lost wages and diminished earning capacity. If a dog bite has impacted your ability to work and earn a living, understanding your legal options for recovering these losses is crucial.

Understanding Lost Wages in a Dog Bite Injury Lawsuit

Lost wages refer to the income you’ve missed out on due to being unable to work while recovering from your dog bite injuries. This can include your base salary, bonuses, commissions, and other employment benefits.

Eligibility for Lost Wage Recovery:

Direct Impact: You must demonstrate that the dog bite directly caused you to miss work.
Monetary Value: You need to provide a reasonable and certain calculation of the income you’ve lost.

Proving Lost Wages:

Medical Documentation: Essential for showing the extent of your injuries and the necessity for time off work.
Employment Records: Pay stubs, earning statements, and work schedules help establish your regular income.
Employer Verification: A statement from your employer confirming your absence and lost income is valuable.

Diminished Earning Capacity: A Long-Term Financial Impact

Diminished earning capacity refers to the reduction in your ability to earn income in the future due to the long-term effects of your dog bite injuries. This differs from lost wages, which focuses on past income. Diminished earning capacity addresses the potential future income you may never be able to earn.

Establishing Diminished Earning Capacity:

Permanent Impairment: The injury must result in a permanent disability or impairment. Examples include nerve damage, disfigurement, or loss of function.
Impact on Employment: The injury must demonstrably affect your ability to perform job-related tasks and earn as much as you did before the injury.

Factors Considered in Calculating Diminished Earning Capacity:

Age and Education: Your age, current education level, and skills are considered to determine your potential career path and earning potential.
Nature of Injury: The severity and long-term effects of the injury play a significant role.
Occupation: Your current job and the physical and cognitive demands it requires are assessed.
Expert Testimony: Vocational experts and economists may provide testimony to project your potential future earnings.

Legal Considerations and State Laws

Dog bite laws vary by state, and these laws can significantly impact your ability to recover lost wages and diminished earning capacity. Some states have “strict liability” laws, where dog owners are responsible for damages regardless of their dog’s history or prior knowledge of aggression. Other states follow a “one-bite rule,” where owners are only liable if they knew or should have known their dog was dangerous.

California’s Strict Liability Statute:

California Civil Code § 3342 imposes strict liability on dog owners for injuries caused by their dogs. This means that if you’re bitten by a dog in California, the owner is liable for your damages, including lost wages and diminished earning capacity, regardless of whether the dog had previously shown aggressive tendencies.

Comparative Negligence:

In some jurisdictions, the concept of comparative negligence may reduce the amount of compensation you can recover if you are found partially responsible for the incident. For example, if you provoked the dog, your compensation may be reduced by your percentage of fault.

The Role of a Dog Bite Attorney

Navigating the legal complexities of a dog bite injury lawsuit can be challenging. An experienced dog bite attorney can help you:

Assess Your Claim: Evaluate the strength of your case and determine the potential value of your damages.
Gather Evidence: Collect medical records, employment documents, and witness statements to support your claim.
Negotiate with Insurance Companies: Deal with insurance adjusters to reach a fair settlement.
Represent You in Court: File a lawsuit and advocate for your rights in court if a settlement cannot be reached.

Documenting Your Losses

Meticulous record-keeping is essential for maximizing your recovery in a dog bite injury lawsuit. Be sure to:

Keep Medical Records: Maintain copies of all medical bills, treatment notes, and prescriptions.
Document Lost Income: Gather pay stubs, earning statements, and employer verification of missed work.
Track Expenses: Keep receipts for all out-of-pocket expenses related to your injuries, such as transportation costs and medication.
Photograph Injuries: Take photos of your injuries to document their severity and progression.

Seeking Compensation for Emotional Distress

In addition to economic losses like lost wages and diminished earning capacity, you may also be entitled to compensation for non-economic damages, such as pain and suffering and emotional distress. Dog bite injuries can cause significant psychological trauma, including:

Fear of Dogs: Developing a phobia of dogs after the attack.
Anxiety and Depression: Experiencing emotional distress due to the injury and its impact on your life.
Post-Traumatic Stress Disorder (PTSD): Suffering from flashbacks, nightmares, and other symptoms of PTSD.

Conclusion

A dog bite injury can have devastating financial consequences, impacting your ability to work and earn a living. By understanding your legal rights and taking the necessary steps to document your losses, you can pursue a dog bite injury lawsuit to recover compensation for lost wages and diminished earning capacity. Consulting with an experienced dog bite attorney is crucial to navigate the legal complexities and maximize your chances of a successful outcome.