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How are Dog Bite Settlements Calculated?

In Oklahoma, dog bite settlements are calculated based on three primary factors: the legal assignment of fault, the total scope of the victim’s damages, and available insurance limits.

Attorneys and insurance companies use the following criteria to determine the value of a claim:

  • Medical Expenses: This includes the cost of all past and future medical care, such as emergency room visits, surgeries, rehabilitation, and psychological counseling for trauma.
  • Lost Income: Compensation is calculated for wages lost during recovery as well as any diminished earning capacity if the victim can no longer perform their previous job.
  • Non-Economic Damages: A substantial portion of a settlement often covers intangible losses, including physical pain and suffering, permanent disfigurement or scarring, and the loss of enjoyment of life.
  • Liability and Comparative Fault: While Oklahoma follows strict liability (holding owners responsible regardless of the dog’s history), the settlement amount may be reduced if the victim is found to have provoked the dog, trespassed, or committed a crime.
  • Insurance Policy Limits: Settlements are often capped by the animal owner’s homeowners or renters insurance policy limits. Even if damages are high, the available coverage often acts as a ceiling on the collectible compensation.

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