I work as a delivery driver. While entering a client's office I was bit on my lower leg by their dog. The bite broke the skin and left a bruise. I went to my company's insurance doctor. The wound was cleaned, had a tetanus shot and given pills for infection.
The incident occurred the day before my vacation started. I was sick from the pills my first week. I had to return to the doctor for 2 followup visits. Though the bite was not severe there is still some soreness after 3 weeks. Does this sound like a worthy case? Will my being sick from the pills add to the amount I can claim for compensation? Thanks.
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ANSWER for "Bit while working as a delivery driver...":
Ron (Phoenix, AZ):
While there seems to be little doubt of your client's liability for your injuries, your "damages" are rather minor. Damages represent your actual costs and the pain and suffering you endured (and may still be enduring).
While not meaning to minimize your pain and discomfort, any personal injury claim you might consider filing would not result in very much of a settlement. Additionally, even if you prevail you will likely have to reimburse your employer's insurance company for the benefits they paid on your behalf. This is referred to as "subrogation."
If you want to pursue a personal injury claim, ask your client for the name of his or her liability insurance company. You probably don't need an attorney. This is a "soft tissue" injury. Soft tissue injuries are usually minor cuts and bruises, sprains and strains, and the like.
When you contact the insurance company you might ask them to settle your claim by paying two to three times the costs of your medical bills, medications, and any other out of pocket expenses related to your injury and treatment. You can negotiate down from there.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
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