Determining the cap on damages in Cherry Hill dog bite cases depends on the type or severity of the injury that was sustained, because it is very hard to say how much a case is worth. If someone has significant injuries or multiple injuries, their claim is going to be worth probably more in damages than someone who did not. An individual should seek the help of an experienced dog bite lawyer for any questions about the amount of compensation they are seeking.
Role of Medical Bills
The amount of treatment needed is going to increase the amount of medical bills that are being recovered. It would also show the impact the injury and the accident itself had on someone’s life. Demonstrating that harm will increase the value of the claim, as well. The more injuries or the more significant injuries, the more the case is worth. Hopefully, a client has a small case, because for them to have a big case would mean that they have serious problems, serious injuries, and the need for very significant treatment.
The portion of fault affects that, because the comparative negligence, if any, could reduce the amount of damages. On a bite dog claim, because it is strict liability, it is a very rare circumstance that there are any comparative negligence arguments. If there are, it could reduce the amount of damages by the percentage of fault that the plaintiff is found to be.
Impact of Damage Caps
There is no damages cap in Cherry Hill dog bite cases on compensatory, non-economic and economic losses. It only would be in a case with punitive damages and the only impact could be if, for some reason, a jury was to award more punitive damages than the cap would permit. The cap is $350,000 or five times the compensatory damages. That is what the only negative impact could be if they awarded more punitive damages than the cap would permit; the amount would be reduced.
Caps on Punitive Damages
In Cherry Hill dog bite cases, there is a cap on punitive damages, but on just non-economic damages or economic damages, there is no cap. The cap on punitive damages is either $350,000 or five times the amount of the compensatory damages, whichever is greater. The compensatory damages are a person’s economic and non-economic damages. If punitive damages are awarded, which is not easy to get, they could try to get five times the amount of compensatory damages. Punitive damages are very difficult to prove. A person would have to prove that the defendant had a wanton and willful disregard for their safety. It is meant to make an example out of the defendant to deter similar activity in the future; it is made to punish them.
In a simple negligence or strict liability case, a person is not going to have punitive damages. The standard says if the plaintiff can prove by clear and convincing evidence that the harm suffered was the result of a defendant’s acts or omissions and such acts or omissions were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeably might be harmed by those acts or omissions. It is a tough standard to reach. In a simple dog bite case, a person is not going to be able to get punitive damages. If it can be proven that the owner deliberately was getting their dog to attack someone, a person may have a claim for punitive damages, but it is a case-by-case analysis.
Comparative Negligence
Comparative negligence is when a defendant raises that the plaintiff was also negligent in some way. It is more difficult in a dog bite case because the defendant has the burden of proof. In other situations, comparative negligence does not have to be proven by the defendant. In a dog bite case, it is a strict liability issue, so the burden of proof shifts to the defendant.
That means that the defendant has the burden to prove that the plaintiff acted unreasonably and voluntarily exposed themselves to a known risk. In a dog bite case, this means that the plaintiff knew the dog had a propensity to bite either because of the dog’s known viciousness or because of the plaintiff’s deliberate acts.
If the comparative negligence exceeds 50% for the plaintiff, they are barred from making a recovery. If it is 50% or less, the damages will be reduced by the percentage the jury found the plaintiff to be comparatively negligent.
Reason for Compensation
The compensation is typically fair in Cherry Hill dog bite cases. They are attempting to try to make the person whole, putting the injured person in the position they would have been if this never happened. Because they do not have a time machine and cannot go back and prevent it from happening, it is what they are trying to do.
The only thing that they can do sometimes gets somebody compensation to try to make it better, which is to make sure their medical bills are paid, any lost wages are taken care of, and if there are any permanent injuries or injury at all, that it is compensated for to try to make things a little bit better.
Benefit of a Lawyer
A lawyer can help an individual through various investigative techniques. If litigation is required, they can take the deposition of the defendant, depositions of other witnesses, and gather information with regard to the particular dog to try and prove what happened. A lawyer can fight against the defendant’s arguments that the injured party was somehow at fault.
Since every case is different, it is going to come down the techniques that are used and the investigation that is done in proving the case.
Testimonials
This team is incredible. They are friendly and knowledgeable. I appreciate everything they have done for me and would recommend them to anyone. Overall great experience
Paul D.My case settled recently after lasting 4 years. Grungo and Colarulo’s law firm were able to secure a large settlement award for my slip and fall accident. This money will help secure my future for the permanent injury I received as a result of the slip and fall. Everyone was very caring, and kept me informed throughout the entire process. Christine Lafferty is an excellent litigation lawyer. I highly recommend using them if you have been injured or in an accident. I hope I am never in a situation again to need their services, but I know who to go to if I, or any of my family members are ever injured. Thanks Grungo and Colarulo and staff for your compassionate service!
Pamela A.Thank you so much Grungo and Colarulo for helping me with my case. Special thanks to Erica Domingo, Esquire and her team. Erica Domingo and her team was very nice and helped me tremendously throughout my case like more than one year and half. They gave me the right advice and guided me through every step of my case. They gave me prompt and clear responses to all my questions. In addition, Erica and her team provided me with all the what if scenarios so that I can have a clear vison of the steps ahead.
I would definitely recommend Grungo and Colarulo.
Thanks again Erica Domingo, Esquire and her team
Ahmed A.My wife and I reached out to Grungo Colarulo in 2020 for advise on a legal matter. After a meeting with the Attorney and Paralegal, we decided to go forward with a case. This case required a lot of documentation, and expert review of the documentation which was aquired. Throughout the process, we were kept up to date monthly, and Grungo Colarulo was always responsive to any questions that we had. The entire staff at Grungo Colarulo are very professional, caring, and willing to go the extra mile. This firm is a definite recommend!
Patrick G.I left five (5) stars only because that’s as many as I could leave. If I could, I would have left 100 stars. Bob & Christine are the absolute best! My settlement far exceeded what I ever imagined. They are professional, friendly, and really listened to what I had to say. They kept me up to date with the progress of my case every step of the way. I can’t recommend them highly enough.
Sheila L.Very professional, communicates well, makes me feel like they have my best interest at heart, and overall just a great company. Christine and the whole team has been on top of everything. Would definitely recommend!! 10/10
Michael M.First and foremost I would like to thank the whole team at Grungo Colarulo!! In addition to that, Stephanie & Riley & Drenna have done such an outstanding job taking care of me in such a difficult and low point of my life. I was in a bad car accident & did not know how to move forward with what to do and how to process. Those ladies were there every step, every inch, every mile & beyond with helping me when I had no idea how to navigate. I will forever be thankful for them and for the outcome of my case! If you ever need assistance I highly recommend this practice!!! Beyond professional, helpful, precise, caring, knowledgeable & humble!!!
Rachel F.From my first phone call to the end of my case this firm was on the ball!! Always responsive and professional and kept me up to date and informed. This is my firm for any future needs!
Jeffrey F.This was my first time ever having to have a lawyer for an automobile accident. From the beginning they took care of everything. They put me at ease so I could concentrate on my medical needs. Everyone I spoke to during the process were always extremely pleasant and knowledgeable.
Thank you to Grungo Colarulo for representing me and getting the settlement you did to help me move forward. I would highly recommend Grungo Colarulo to anyone who wants outstanding legal representation.Pat G.This team has been nothing but gentle an generous. Being as this was my first time dealing with a worker’s compensation case I was lost and nervous. But the Grungo Colarulo team has made me feel as comfortable as possible. My needs were addressed with care in a timely fashion. I knew what was going on every step of the way.
Oh, did I mention, WE WON …This teams knowledge of the industry is TOP NOTCH!
Aminah M.A dear family friend referred us to a young attorney named Rich Grungo, Jr. We wanted answers and if necessary, justice for our father. From day one of a five-year journey, Mr. Rich Grungo, Jr. made our family and our pain his own. The man never stopped working for us. He kept us informed every step of the way. Questions were answered quickly and with great compassion and expertise. Even though Rich was always busy, he was never too busy for us. We always felt like we were his only clients
MickeyI had the opportunity to observe Mr. Grungo work in this case, both in the courtroom on the technical matters of the motions and also as his presentation to the jury in opening and presenting witnesses as well as utilizing animations… and drawings and films that were necessary for a proper understanding of the case…At all times during the presentation, Mr. Grungo operated mostly without notes and questioned the witnesses in a conversational manner which made it most effective. **
New Jersey Superior Court JudgeThank you for everything. I honestly felt like you treated my son like he was your own son, for that I am grateful. I would recommend your services to anyone. Thanks for being so awesome to both of us.
HDIt was a pleasure working with Bill. He constantly kept me informed. I would recommend Bill and his firm to anybody I know. They’ll be in good hands.
GregoryI had the opportunity to retain Mr. Colarulo for a vehicle accident I encountered. I give him my highest recommendation for anyone in need of an excellent Personal Injury Attorney. Not only does he have an in depth knowledge of the legal field, but he emanates a sense of trust-worthiness that makes you feel secure during the entire process. Mr. Colarulo has the knowledge, drive and enthusiasm that will get the job done for you. He comes highly recommended.
DeniseHi Rich, Well I’m on my way up to college to finish packing my son’s stuff up and to go to his Graduation tomorrow. It’s hard to believe how fast and how slow, at the same time 5 years can go by. I was just thinking of you as I am getting ready to leave and wanted to thank you once again for everything you have done for my son’s future. You are a good and just man. God Bless to you and your family.
Be Well,
Bob
Grungo Colarulo
N/a