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Dog Jumped and Hit My Jaw - No Insurance But Alot of Pain. Animal Injury, Dog Bite

Discussion in 'Accidents, Injuries, Negligence' started by Pelonis, Jan 20, 2010.

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  1. Pelonis

    Pelonis Law Topic Starter New Member

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    Hello,
    I really, need some thoughts. Everytime I think about this, I cry. I was visiting an ex bf (who happens to be a prosthodontist) and his pit bull jumped up and hit me in the face, slamming my bottom jaw into my top jaw. I saw stars and I felt my front tooth wiggle a little, but no blood. The ex bf told me not to worry, it would tighten up, blah blah. Well, pain increased and finally 6 weeks later he agreed to see if his home owners insurance would cover treatment. (Home owners covered up to $2000 worth of treatment). So I had a root canal - apparently the tooth had some fractures. Terrified! Had not seen a dentist in years due to phobia. Got through it, but 3 weeks later, still pain. The ex bf basically told me I was on my own, so I called the endodontist who did the RC and he did some filing, said my teeth had shifted and were hammering against the traumatized one. I cried and was just so awfully scared and let down. Now it is one week later and I still cannot bite down on anything...there's constant dull ache, and nothing alleviates it. I'm terrified of extraction because this is my front tooth and of course cosmetically, it would be embarrassing, but also functionally. I have no insurance to get more treatment. The ex bf clearly doesn't feel any sense of responsibility for what his dog did and I'm scared and in pain and do not know what to do. After talking to the dental office today it appears that I will lose the tooth and need an implant - $$$$.
     
  2. PILawGirl

    PILawGirl Moderator

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    How long ago did the injury first occur? Since you're in Florida, the statute of limitations for personal injury is 4 years. Has it been longer than 4 years? If not, I think you should contact a personal injury attorney for consultation regarding your injury.
     
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  3. mightymoose

    mightymoose Moderator

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    Yep... a PI lawyer can probably help you out here. The owner is responsible for the dog's actions, and since he already dished out some money through his homeowner's policy he has acknowledged his responsibility in the matter.
     
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  4. Pelonis

    Pelonis Law Topic Starter New Member

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    The dog hit me on Nov 9, the first root canal was Dec 21, the endodontist revised it last week, Jan 12 to fix the bite, but I was told today the pain should have stopped by now. Do I just get an estimate of the surgery and request that amount? Or would it include the time off of work?
    Thank you so kindly for the replies.
     
  5. PILawGirl

    PILawGirl Moderator

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    Sounds like the homeowners paid out the 2k med pay and that's about it. I would consult with an attorney, but honestly I don't really see where there was any negligence, I really don't know how far it would go beyond the med pay.
     
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  6. Pelonis

    Pelonis Law Topic Starter New Member

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    Negligence is Required?

    Thanks for the replies.

    Tell me, as far as the law goes, 'negligence' is required in order to have a judgement to make someone pay for damages that their animal causes? In other words, what I would consider as 'doing the right thing' because his animal caused me permanent disfigurment has no bearing legally on whether or not he should be forced to pay for my tooth repair, regardless of whether or not it was an accident?
     
  7. mightymoose

    mightymoose Moderator

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    No- negligence is not necessary to be compensated.
    bottom line- the dog caused the injury and the owner is responsible.

    However... say the dog was on a leash and you approached it to pet/play with it and the same thing happened. In such a case it could be argued that the owner had the dog secured and you put yourself in harm's way by approaching the dog... in such a case the owner might now owe anything at all.
    This doesn't seem to be such a case though.

    You need to talk it over with a personal injury attorney to determine what further options you might have.
     

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