What Is the Average Settlement for a Dog Attack?

According to the American Veterinary Medical Association (AVMA), more than 4.5 million people suffer dog bites each year in the United States. One in five dog bite victims requires medical attention to treat their injuries. Dog bites cause serious injuries, including puncture wounds, lacerations, soft tissue damage, broken bones, and infections. These injuries often result in expensive medical bills, several days of missed work, and significant pain and suffering.

If you were the victim of a dog attack near Jackson, Mississippi, you may be able to recover compensation for your expenses through an insurance settlement. The attorneys at Derek L. Hall, PC can help you understand your legal options and file a claim against the negligent dog owner’s insurance policy. Derek L. Hall, PC has fought for Mississippi personal injury victims’ rights and interests for over a quarter-century. When you hire one of our attorneys to represent you, insurance companies know they must treat you fairly or face the consequences.

Contact us today for a free initial consultation to learn more about dog bite settlements and how to pursue the money you deserve for the harm you suffered.

What Are the Different Levels of Dog Bites?

Dog trainers and veterinarians use Dr. Ian Dunbar’s dog bite scale to evaluate the likelihood that a dog will continue to show dangerous behavior toward other people. It can also classify the severity of dog bite injuries. Dr. Dunbar’s scale includes six levels of dog bites:

• Level 1 — A Level 1 dog bite is not actually a bite but simply aggressive behavior. The dog may snarl, show its teeth, or snap at the air but does not touch human skin. Level 1 bites are among the most common and are typically the result of a nervous, energetic, or uncontrolled dog. Dogs that commit Level 1 bites can usually be retrained with consistent conditioning.
• Level 2 — A bite involving contact with human skin but no puncture is a Level 2. Slight bleeding may occur due to the movement of teeth against the skin. Like Level 1 bites, they are typically the result of a scared, hyper, or uncontrolled dog. Dogs that commit Level 2 bites can also typically be retrained.
• Level 3 — A Level 3 bite involves one to four punctures to the skin no deeper than half the length of the dog’s canine teeth. Lacerations may also occur when the victim pulls away from the dog or the owner pulls the dog away from the victim. Dogs that commit Level 3 bites may be retrained but require owner compliance, which can be time-consuming and risky.
• Level 4 — With a Level 4 bite, there are one to four punctures, with at least one puncture deeper than half the length of the dog’s canine teeth. Bruising or lacerations may also occur around the wound. Dogs that commit Level 4 bites are considered dangerous and must be strictly controlled by their owners.
• Level 5 — Level 5 is a multi-bite incident with at least two Level 4 bites, or a multi-attack incident with at least one Level 4 bite in each attack. Dogs that commit Level 5 bites are extremely dangerous and should be kept away from people. Euthanasia may be recommended.
• Level 6 — A level 6 bite results in the victim’s death. Dr. Dunbar typically recommends the dog be euthanized because the alternative is solitary confinement and low quality of life.

What’s the Average Settlement for a Dog Bite in Mississippi?

It’s difficult to determine an average dog bite settlement amount. A dog bite settlement depends on the severity of the injury and the facts of the case. But according to the Insurance Information Institute (III), homeowners’ insurance liability claims related to dog bites totaled $882 million in one recent year. The average cost per claim was $49,558.

An experienced dog bite attorney can review your circumstances and estimate the amount you can expect from a dog bite settlement in your case.

Can I Still Receive Compensation If It Was a Minor Bite?

Even minor bites can have serious consequences, such as medical complications, lost wages, and mental anguish. You may still be able to receive compensation after a minor bite if you can prove that the dog owner was liable for the attack.

With the assistance of an experienced dog bite lawyer, you could recover compensation for the following losses:

• Medical expenses related to the dog bite
• Lost wages from time missed at work due to your injuries
• Lower earning capacity if your injuries prevent you from returning to work
• Pain and suffering
• Emotional distress
• Disfigurement
• Loss of enjoyment of life

How Long Does It Take for a Dog Bite Settlement?

Some dog bite claims settle in as little as a few weeks, while others can take months or over a year to settle. The facts of the case, the severity of your injuries, and the insurer’s determination all affect this timeline. One important consideration is whether the dog has attacked in the past, which could make its owner liable for your injuries. In other cases, you must show that the dog’s owner was negligent to recover compensation.

According to Mississippi’s statute of limitations, dog bite victims must file a claim within three years of the date of injury. While three years might seem like a long time, it can take weeks or months to prepare a strong dog bite case. That’s why you need to act quickly after a dog bite and consult a skilled attorney immediately.

Talk to an Experienced Dog Bite Lawyer in Jackson, MS Today

Attorney Derek Hall understands the physical, emotional, and financial pain you may be experiencing. If you suffered a dog bite in Jackson, Mississippi, we want to help you hold the owner accountable and pursue an insurance claim against them on your behalf. Contact Derek L. Hall, PC today to speak with an experienced dog bite lawyer in Jackson at no cost or obligation.

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Adultery and Divorce in Mississippi

Adultery is a factor in many divorces — one that may impact alimony and even child custody agreements. If an adulterous relationship leads to the breakdown of your marriage, you should know what to expect as you move forward with divorce proceedings.

At Derek L. Hall, PC, our trusted divorce attorneys provide personalized, compassionate service to every client to help them confidently navigate their divorce. With over 25 years of experience, trial attorney Derek Hall is respected for his aggressive representation, track record of success, and knowledge of Mississippi divorce laws. Contact our firm today to discuss your case during a free consultation.

What Is Considered Adultery in Mississippi?

The term “adultery” is often used interchangeably with “cheating” or “infidelity.” However, adultery has a specific meaning in the context of a Mississippi divorce case. Under Mississippi law, adultery occurs when a legally married person has voluntary sexual intercourse with someone who is not their spouse.

It’s considered adultery whether the sexual contact occurs only once or multiple times. This means a spouse who has a one-night stand has committed the same offense as a spouse who participates in a years-long affair. Mississippi’s courts have ruled that divorcing spouses can establish that adultery occurred by demonstrating an “adulterous inclination” and the opportunities to act on that inclination.

Unlawful Cohabitation in Mississippi

Adultery laws in Mississippi also consider “unlawful cohabitation” as adultery. Unlawful cohabitation occurs when a married person lives with a romantic partner who is not their spouse.

This practice is illegal while spouses are legally married, even if they have separated. If one spouse files for divorce and the other spouse decides to move in with a new romantic partner before the divorce is finalized, they can face criminal charges for unlawful cohabitation.

Condonation of Adultery in Mississippi

Mississippi’s courts have also specified that adultery only occurs in the event of uncondoned extramarital sexual intercourse. In other words, a spouse who knowingly allows their spouse to engage in extramarital sex or forgives their spouse’s infidelity probably would not have grounds for a divorce based on adultery.

It is difficult to prove whether someone has forgiven or condoned another person’s behavior. Mississippi divorce courts look at certain factors that could suggest the condonation of adultery. For example, condonation may occur when someone learns of their spouse’s infidelity but continues to live in the same household and be intimate with them.

Can Adultery Affect Alimony Awards in Mississippi?

Adultery is not the only factor a judge considers when determining alimony awards in Mississippi. But it can impact these decisions in some circumstances. For instance, if an adulterous spouse spent large amounts from the couple’s savings on an affair, the court could factor the lost savings into subsequent alimony payments.

Judges do not award alimony to punish spouses for engaging in adultery. However, they must consider adultery in their determinations, along with other factors like:

• Each spouse’s relative income and cost of living
• Each spouse’s health, education, and earning capacity
• The debts and assets in each spouse’s name
• The length of the marriage and each spouse’s age
• The presence of any minor children in the home
• The fault or misconduct of either spouse, including adultery
• The wasteful spending of money or assets by either spouse
• The likely tax implications of the alimony order
• Any other factors the judge determines are relevant

Will Adultery Impact Child Custody or Support?

Generally, adultery does not impact child custody or support orders in a Mississippi divorce case. But it depends on the circumstances. The primary consideration in any child custody or child support determination is always the child’s best interest. When marital fault does not directly impact a child’s well-being, courts do not usually consider it in custody or support rulings.

However, family courts will look at each parent’s ability and willingness to provide a safe and supportive environment for their children. For example, if one parent begins a relationship with a violent criminal or registered sex offender and exposes their child to this dangerous individual, the court could limit or deny custody of that parent.

Proving Adultery in a Mississippi Divorce Case

Adultery is often challenging to prove in a divorce case unless one spouse confesses to their infidelity or the other spouse definitively catches them in the act. Those who seek divorce in Mississippi on the grounds of adultery must prove that their spouse had both adulterous tendencies and opportunities to satisfy their tendencies, which may be possible with the following types of evidence:

• Statements from eyewitnesses who saw adulterous encounters
• Photos or video footage of individuals engaging in adultery
• Bank statements and financial records of spending in support of the affair
• Communication confirming their infidelity

What Are Other Grounds for Divorce in Mississippi?

Adultery is grounds for a fault-based divorce in Mississippi, which means the couple is seeking a divorce because one or both spouses committed some type of marital misconduct. The other primary kind of divorce, no-fault divorce, is only an option when couples agree to separate due to irreconcilable differences.

Other grounds for a fault-based divorce in Mississippi include the following:

• Natural impotence
• Criminal convictions and periods of incarceration
• Intentional abandonment of one spouse by the other for at least one year
• Habitual drunkenness or narcotics
• Habitual cruel and inhumane treatment
• Mental illnesses or intellectual disabilities that either spouse did not reveal at the time of the marriage
• Pregnancy from an outside relationship that either spouse hides at the time of the marriage
• Spouses related to each other
• Institutionalization of a spouse for three years due to mental illness

When to Speak with an Experienced Divorce Lawyer

If you or your spouse has filed for divorce on the grounds of adultery in Mississippi, you should speak with an experienced divorce lawyer right away. At Derek L. Hall, PC, our attorneys can help you through this challenging and emotional time. Contact us today to learn more in a free initial case review.

Note: This post was originally published in October 2017, but was updated for accuracy and comprehensiveness in November 2022.

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How Will Mississippi’s Liability Laws Affect My Claim?

If you have been hurt in a traffic accident or another unfortunate incident in ​Mississippi, you probably have questions about the state’s liability laws and how they could affect your claim. The team at Derek L. Hall, PC is here to help you understand essential liability laws in Mississippi and how they may apply to your case. To learn more, contact us today for a free initial case review with a Mississippi personal injury lawyer. 

Overview of Mississippi’s Liability Laws

If you suspect you have grounds for an injury claim against another party in Mississippi, you should understand how the state’s liability laws could apply to your situation. Here are some fundamental Mississippi liability and personal injury laws and what they could mean for you:

Liability for Mississippi Car Accidents

Mississippi car accident laws follow the standard “at-fault” system for liability. Under this system, vehicle occupants, motorcyclists, bicyclists, and pedestrians who suffer injuries in traffic collisions have the right to seek compensation for their injuries from liable parties. Liable parties are those responsible for causing a car accident. They can include other road users, vehicle manufacturers, auto repair shops, and alcohol vendors.

Mississippi requires all motorists to carry certain minimum amounts of accident liability insurance, which pays for other people’s losses when the policyholder is at fault. If a motorist is liable for an accident in Mississippi, their auto liability insurance should cover any medical expenses or property damage other parties incur. Accident liability insurance minimums in Mississippi include:

• At least $25,000 per person in bodily injury liability coverage
• At least $50,000 per accident in bodily injury liability coverage
• At least $25,000 per accident in property damage liability coverage

Premises Liability Law in Mississippi

Mississippi’s premises liability laws may apply to your case if you are injured in a slip-and-fall or other accident on someone’s property. When you visit someone’s property with the owner’s consent and for the mutual benefit of yourself and the owner, you are considered an “invitee.” Mississippi property owners may be liable for injuries if an invitee is harmed due to unsafe conditions on the premises without proper warning.

At the other end of the spectrum, a trespasser is someone who visits a property without the owner’s consent. Mississippi property owners are not responsible for trespasser injuries due to unsafe conditions. However, property owners may be liable for willful behavior causing trespasser injuries.

Liability for Mississippi Dog Bites and Animal Attacks

Like many states, Mississippi follows the “one-bite” standard concerning liability for injuries from dog bites and other animal attacks. Under the one-bite rule, pet owners are not strictly liable for bite injuries if their dogs have not bitten or acted aggressively toward another person or animal before. A victim can only hold a pet owner liable for bite injuries if they prove the owner knew or should have known their pet was dangerous.

Comparative Negligence in Mississippi

Mississippi follows a “pure comparative negligence” law when determining liability for accidents. Under this rule, accident victims can seek compensation for their injuries and other losses even if they are as much as 99 percent at fault for the accident.

However, the amount of money a person can recover from a personal injury lawsuit is reduced based on their assigned percentage of fault. For instance, suppose you are 10 percent at fault for a car accident that cost you $100,000 in medical expenses and other losses. You would be entitled to compensation for only 90 percent of your losses, or $90,000.

Government Liability in Mississippi

In some injury cases, a state or local government is the liable party. For example, you may be injured in a car crash on I-10 caused by missing road signs or poor road maintenance. In that case, you could seek to hold the Mississippi Department of Transportation or its employees liable in a government tort claim.

Remember that government tort claims are subject to strict deadlines and other non-standard filing requirements. If you believe you have a claim against a government entity, contact an experienced lawyer as soon as possible.

Time Limits for Personal Injury Lawsuits in Mississippi

If you want to hold another person, commercial entity, or government agency liable for your injuries, you must do it quickly. Mississippi’s statute of limitations only gives you three years to file most personal injury lawsuits in civil court.

The three-year time limit is important even if you don’t plan on suing because your ability to take the other party to court is your biggest bargaining chip in any settlement negotiation. A personal injury lawyer can help you identify critical case deadlines and handle your claim efficiently. 

Factors that Can Affect Your Personal Injury Claim

When you file a personal injury claim in Mississippi, any of the following factors may impact the value or timeline of the claim:

• The nature of your injury, whether you suffer the injury in a car accident, slip-and-fall accident, dog bite attack, or some other incident
• Who is liable for your injury, whether it is an individual, a commercial establishment, a product manufacturer, or a service provider
• Your status as a visitor, if you suffer an injury on someone’s property
• Your level of contributory negligence, if your behavior contributed to your injuries
• When you file the injury claim, as you have only limited time to do so

How Can a Mississippi Personal Injury Lawyer Help You?

When you retain the services of a knowledgeable personal injury lawyer in Mississippi, you can count on them to help you by:

• Explaining your legal rights and possible sources of compensation
• Investigating your injury to identify liable parties and gather evidence
• Communicating with insurance providers and other parties on your behalf
• Obtaining medical records, accident reports, and other helpful evidence
• Interviewing eyewitnesses and reliable experts for supporting testimony
• Managing essential case documents and deadlines on your behalf
• Filing insurance claims to demand the compensation you are owed
• Taking your case to court, if you can not get fair compensation through insurance

Injured Due to Someone Else’s Negligence? Talk to Our Experienced Personal Injury Attorneys in Jackson, MS Now

If you have been injured by another party’s negligent behavior, you deserve fair compensation for your losses. Contact Derek L. Hall, PC today for a free consultation to learn more about what we can do to help.

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