Losing a loved one in a fatal dog attack is one of the worst tragedies imaginable. Unfortunately, Texas leads the nation in the number of fatal dog attacks. If your loved one is killed by a dog in Texas, your family may be eligible for financial compensation through a wrongful death claim with an Austin dog bite lawyer. Find out how much your case is worth to avoid settling for less than you deserve.
When Can You File a Wrongful Death Claim for a Deadly Dog Attack in Texas?
Two cities in Texas, San Antonio and Austin, have seen a steep rise in deadly dog bite injuries (180 percent) from 2018 to 2023. Texas law permits surviving family members of someone who is killed in a fatal dog attack to seek financial compensation if there are legal grounds for a claim.
Texas is a “one-bite” dog bite injury state. This means to hold someone responsible for injuries or a death caused by a dog, there must be evidence that this is not the dog’s first attack or act of viciousness. There must be proof that the pet owner knew or should have known of the dog’s violent propensities, yet did nothing to prevent the incident.
If the dog had bitten someone previously, attacked or killed a domestic animal, or been deemed a “dangerous dog” by animal control authorities, this could provide evidence to support the claim. Proof of negligence, such as a pet owner allowing a dog to run at large, can also be grounds to file a wrongful death claim against the pet owner.
Damages Available After the Death of a Loved One in a Fatal Dog Attack
A wrongful death claim in Texas for a fatal dog attack could lead to a financial settlement or judgment award being given to surviving beneficiaries. The purpose of this type of civil case is to help a family move forward by providing compensation to pay for related economic and non-economic losses.
The compensation or damages available may include:
- The victim’s dog-bite-related medical or hospital bills
- Loss of the victim’s wages, financial support or inheritance
- Lost value of household services
- Loss of the victim’s love, companionship and guidance
- Survivors’ pain, mental anguish, grief and suffering
In unique cases involving gross negligence or malicious or fraudulent behavior by the defendant, exemplary (“punitive”) damages may also be available. The individuals entitled to receive compensation in a wrongful death claim are determined based on Texas’s laws of intestate succession. They typically include surviving spouses, children, parents and other family members.
How Is the Value of a Wrongful Death Claim Calculated?
It is impossible to place a numerical value on the life of a person. Insurance companies and the courts try their best by calculating specific economic losses and supplementing this with non-economic damages, or the intangible losses suffered by surviving family members.
Factors involved in case value calculations can include:
- The value of the deceased person’s final medical bills
- Funeral and burial costs
- The victim’s age at the time of death
- The amount of pain and suffering the victim endured prior to death
- The pain experienced by the deceased person’s family members
- Negligence or prior knowledge by the dog owner
- Insurance coverage available and policy limits
There is no one-size-fits-all settlement value. Some wrongful death dog attack cases in Texas are valued at $100,000 to $500,000, while others reach into the millions (especially if the victim was a child or negligence was involved). Contact an experienced dog bite attorney to maximize your family’s case results.