The Importance of Medical Records in Dog Bite Claims

Proving the extent of injury in personal injury claims requires thorough medical records. While dogs can be fantastic companions to humans, they have fears and insecurities. Most dog attacks happen because:

1. Dogs are not socially conditioned.
2. Dogs are aggressive by nature.
3. Dogs are protective of their territories.
4. Human actions threaten dogs.

Keeping a safe distance when interacting with other people’s pets is advisable. However, unfortunate incidents do take place, leaving severe injuries from a dog bite or attack. If you are planning to press charges, understanding the importance of medical records in dog bite/attack personal injury claims is crucial.

Understanding Dog Bite/Attack Claims

Separate judicial rules govern dog bite or attack claims, including:

Strict Liability

According to judicial laws in Ontario, dog owners are held liable for the injuries their dogs have caused, even when no past conduct is known to demonstrate their dog’s nature.

Negligence

In Ontario, dog owners are held strictly liable for any injuries or damages their dog causes under the Dog Owners’ Liability Act (DOLA). This means that an owner can be held responsible for their dog’s actions regardless of negligence or whether they were aware of the dog’s aggressive tendencies.

However, courts may consider contributory negligence—for example, if the victim provoked the dog, the compensation might be reduced. Additionally, Ontario has breed-specific legislation, such as restrictions on pit bulls, under DOLA.

Primary Elements of a Claim

There are three essential elements of building a dog bite/attack personal injury claim, which includes:

• Proving Injury and Damages

Victims must show proof of their injuries and ongoing impairments and provide a damage estimate when filing a personal injury claim for a dog bite or attack.

• Establishing the Dog Owner’s Responsibility

Evidence supporting a dog owner’s liability must be established during the legal investigation.

• Documenting Treatment and Recovery

Medical records serve as official documentation, proving the extent of injuries and associated healthcare expenses.

Why Medical Records Are Important in Dog Bite/Attack Claims

1. Proof of Injury

• Medical reports include essential details about the seriousness of the dog bite or attack and the area.
• They detail evidence of infection, scarring or long-term effects that will determine the exact value of compensation.

2. Causal Connection

• Records that establish the direct connection between the injuries and the dog bite/attack personal injury claim.
• The lack of proper medical documentation allows insurance companies to argue that the injuries either preexisted or were caused by another incident.

3. Calculating Damages

• Your list of damages must include treatment costs, hospital bills, and ongoing expenses. 
• Beyond the physical impacts, you must also account for the pain, suffering, emotional distress, and scarring caused by the dog bite or attack.

4. Credibility

• Detailed medical records evaluated by professionals lend substantial credibility to the claim.
• To secure an appropriate compensation, avoid being accused of exaggerating or fabricating the extent of injuries.

Primary Medical Records Needed to File a Personal Injury Claim

1. Details of the initial medical visit, which:

• Describes the dog bite injuries, type of treatment provided and results of medical tests.
• Documents that tetanus shots were provided, as well as stitches and other wound care procedures were done.

2. Attending follow-up appointments to gather:

• Reports showing progress in your recovery or overcoming complications like infections.
• Records of physical therapies or extended medical treatments.

3. Consulting specialists to:

• Determine whether the dog bite or attack had any long-term effects.
• Establish the victim is suffering from anxiety or post-traumatic stress disorder (PTSD).

4. Documenting prescriptions that list:

• Medicines prescribed for pain, infection or other psychological needs.

5. Medical expenses organized in the form of:

• List-wise bills, statements from the insurance department, or other miscellaneous expenses during the treatment.

How Medical Records Strengthen Legal Cases

Supporting Evidence for Liability

• Medical records help observe the bite patterns, determining the extent of dog aggression.
• Their expert evaluation of injuries confirms details mentioned in witness statements and police reports.

Facilitating Insurance Claims

• Insurance settlements become more manageable by providing tangible proof.
• Insurers rely on medical records to determine the compensation amount. In the absence of these records, insurance companies will either deny or provide low compensation.

Courtroom Impact

• Judges or juries can rely on medical evidence to determine the severity of injuries.
• The victim builds credibility for the case by providing detailed medical documents.

Common Mistakes to Avoid with Medical Records

Delaying Treatment

Dog bite/attack personal injury claims may weaken if you delay availing medical treatment. Insurers may question the credibility of your claims, arguing that your injuries are not severe.

Incomplete Documentation

Proving the severity of your dog bite injuries may become difficult without proper medical documentation.

Inconsistent Accounts

Mismatch of statements provided to insurers or courts and medical documentation can question the integrity of your claims.

Steps to Ensure Comprehensive Medical Records

Attend a doctor immediately:

Visit the doctor immediately after the dog bite/attack incident to avoid complications to your health and harm to the credibility of your personal injury claim.

Discuss the cause of injury:

Do not downplay or avoid key details when telling the doctor about your injuries. Tell them that you got those scars from a dog bite or attack to ensure it is adequately documented.

Maintaining all medical records:

Document every medical visit, treatment and prescription.

Avail all recommended treatments:

Ensure you complete your medical documentation by following up with your doctor to track your healing progress and acting as per their wound-care instructions.

Conclusion

Medical records are used as evidence of physical injuries when asking for compensation for a personal injury claim related to a dog bite/attack. Medical records offer unequivocal proof of injury intensity, enabling liability determination and handling financial compensation demands. 

Urge those affected by dog bites or attacks to seek immediate medical assistance while ensuring the safekeeping of medical records to protect your future legal rights. Book a free consultation with our personal injury claims specialists at MacIsaac Gow LLP today!

FAQ

• Why are medical records necessary for dog bite/attack claims?
  In a dog bite/attack personal injury claim, medical records are essential to document the extent of injuries, the type of treatment received and the incident’s long-term effects. They are used as evidence to determine responsibility, calculate compensation value and negotiate settlements with insurance companies or the dog owner.
• What happens if I don’t have medical records for my injury?
  Proving entitlement to damages from a dog bite/attack personal injury claim can become challenging without proper medical documentation. Insurance companies or defence lawyers may argue that the injuries are not severe or unrelated to a dog bite/attack.
• How can I obtain copies of my medical records?
  Collecting medical documents is essential if a dog bite/attack victim files a personal injury case. To acquire these records, you may need to submit a written request to your doctor or medical authorities where your wounds were attended to and where you are receiving ongoing treatment.
• Can medical records include mental health impacts from a dog bite/attack?
  Medical records contain mental health assessments if the victim develops PTSD, anxiety or emotional distress as a result of the attack. Receiving compensation for dog bite/attack personal injury claims includes showing psychological evaluations, therapy expenses and mental health prescriptions.
• What should I do if the dog owner disputes my claim despite medical evidence?
  Consult a dog bite injury lawyer immediately if the dog owner refuses to accept your claims. Legal professionals evaluate your medical records, statements of eyewitnesses, and testimonials of experts to establish the validity of injuries and determine responsibility for the incident.