Under Pennsylvania law, dog bite victims have the right to sue the dog’s owner for their lost wages due to their injuries. If you’re unable to work after a recent dog attack, and you’re considering the next step in the legal process to recover your lost income, this latest guide will explain the process for recovering lost wages after a dog bite, in detail.
Proving the Dog Bite Was a Substantial Factor in Your Lost Income
In winning a dog bite settlement for lost wages, a dog bite victim must prove that the dog bite was a substantial factor in their losses. This means that, even if other factors, such as a pre-existing performance issue, played a role in the income loss, the fact that the dog bite was a substantial factor means that the victim can claim a settlement through the Pennsylvania courts.
Proving Your Losses with Income Statements
Income statements are the crucial piece of evidence when proving dog bite claims for lost wages. Calculating lost income is simple for W-2 employees, as the victim can show through their workplace HR documents the number of missed days of work after the attack and then link the missed work days to the attack with a doctor’s analysis. Days missed due to medical appointments and simply being unable to work due to pain can be included.
The Challenge for Self-Employed Dog Bite Victims
Self employed dog bite victims, including business owners, may find it more challenging to prove their specific income losses due to the attack. You may be able to prove consistent income over several months, highlighting your potential income during your recovery from the dog attack. Invoice statements from previous months and IRS self employment income forms from the previous tax year can help substantiate your claims.
Proving Reduced Future Earning Capacity
Beyond proving your initial loss of income due to missed work, either as an employee or as a self-employed business owner, you may also be able to bring about a claim for reduced future earning potential. For example, a dog bite victim who has training and experience as an industrial machine operator may no longer be able to perform the role effectively in the years ahead due to nerve damage. This loss of future earning potential can be included within your claims for loss of income.
In calculating lost earning capacity, insurance companies often consider:
- Your age
- Your overall health
- Your current working role
- Your experience in the role
- Your history of promotions and recognition
- Current and projected market value for the position’s wages
The severity of your injuries is another leading factor when negotiating a settlement for the loss of future earning capacity with the insurance company. Dog bite victims who have suffered permanent disabilities or disfigurements as a result of dog attack are due significant compensation. Younger victims studying in a high income field before the attack who suffer life-changing dog bite injuries may be able to claim millions of dollars in lost earning potential.
Lost Income and Dog Bites FAQ
Now we’ve helped explain the process filing a dog bite claim for lost wages, let’s review some of the more common questions on the topic:
Should I Respond to the Dog Owner’s Insurance Company?
After a serious dog attack, it’s likely the dog owner’s insurance company will contact you to try to settle as soon as possible. Before any communications with the insurance firms, speak with a dog bite lawyer about your case. They can handle the discussion with the insurance company for you, protecting your interests throughout.
Can a Family Member File a Claim for Me?
Yes, your dog bite lawyer can work with your family to file the claim for lost income on your behalf. Many dog attack victims are unable to proceed with their claim due to trauma. As one of Philadelphia’s leading dog bite lawyers, Jeffrey Penneys is compassionate with victims and their families and communicates with his clients’ loved ones to ensure they achieve their ideal case settlement.
What is the Average Dog Bite Settlement?
The latest data shows the average U.S. dog bite claim, covering all elements of the case, including lost wages and medical costs, was $58,545 in 2023.
Can I Recover Lost Income from a Dog Bite At Work?
After a dog bite at work, your workers’ compensation plan should include the steps to take to ensure payment for lost wages and medical costs. You should report the dog bite to your company’s HR representative as soon as possible, and they can explain the steps to take to proceed with a claim. If your employer is uncooperative or your claim is stalling due a lack of a response either from the insurance company, or your employer, call Jeffrey Penneys to review your options for recovering lost wages after a dog bite at work in PA.
Cover Lost Wages After a Dog Bite with Top Pennsylvania Dog Bite Lawyer Jeffrey Penneys
Jeffrey Penneys has over 30 years of experience recovering dog bite settlements for victims and their families throughout Pennsylvania. His experience in winning complex lost income claims and knowledge of Pennsylvania dog bite law are unparalleled. Book your free, no-obligation dog bite consultation today by calling (215) 259-3703.