The lawsuit is being filed by the Estate of Kenneth D. Bock for Mr. Bock’s wrongful death.  According to the complaint, Bock was working at Chain Lake Mini-Storage in Monroe, WA on February 9, 2010 when the defendant, Konrad Haskins, visited the facility with his dog Buddy.  Haskins allowed his dog to roam free on the Chain Lake property.  The dog then bit two men, including Mr. Bock.  The bite to Mr. Bock was on his index finger.  Soon after Bock developed a life-threatening infection and died ten days later. 

Bock was diagnosed with Capnocytophaga canimorsus sepsis which is a bacterium commonly found in the saliva of cats and dogs.  This bacterium can, as in Bock’s case, result in multiple organ failure due to compromised circulation, renal failure, meningitis, systematic rotting of the flesh, and ultimately death. 

Dogs are the most common household pets in the United States.   The Center for Disease Control estimates that 50% of all Americans will be bitten by a dog during their lifetime and that approximately one million dog bites occur annually.  Capnocytophaga canimorsus sepsis is the main human pathogen associated with dog bites.  The organism frequently causes septicemia, meningitis, endocarditis, and sometimes ocular infections.

“This is a very tragic case that never should have happened,” says Chris Davis, the Bock family’s attorney.  “We know that Mr. Bock was the second person bit by the Haskin’s dog on the day in question, which tells us that Mr. Haskin knew his dog was a danger to other human beings when Mr. Bock was bitten.”  According to Davis, Mr. Bock died a very painful and agonizing death.  “We know that the bacterium from the bite led to multiple organ failure and tissue necrosis – it means that Mr. Bock literally ‘rotted to death’ according my medical experts,” states Davis. 

The complaint alleges that Haskins had prior knowledge that the dog had vicious and/or dangerous propensities that could lead to an attack on humans since the dog had previously bitten, injured or acted aggressively toward other people.  By failing to control the dog the defendants were willfully putting the public in danger.

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About Attorney Christopher M. Davis

Christopher M. Davis has been a licensed attorney in the state of Washington since 1993 and is the founder of the Davis Law Group.  He is the author of several books about injury law including When The Dog Bites: The Essential Guide To Dog Bite Claims In Washington in which Davis explores the legal rights of dog bite victims; outlines the legal and settlement process for dog bite claims; gives tips on dealing with insurance companies; answers common questions asked by dog owners and bite victims; and address legal issues that are often present in animal attack cases. You can learn more about Chris Davis and the Davis Law Group by visiting www.DavisLawGroupSeattle.com.

Media Contact:
Mischelle Weedman-Davis
Davis Law Group, P.S.
Mischelle@DavisLawGroupSeattle.com
Office: 206-727-4000 x102

This is perhaps the question I am asked most often by clients and prospective clients.  How does one determine the value of a case?  What factors are used to determine value?  How can one maximize the value of his or her case?

Great questions, but often times no easy answers.  Let’s first discuss how personal injury claims are valued.  There are numerous factors that may influence value.  These may include:

1. Who’s at fault?  Just one entity or a combination of entities?
2. Is there comparative fault (fault against YOU)?
3. How much insurance exists?
4. What type of accident or event caused the injury or harm?
5. Extent of injuries?
6. Type, nature and frequency of medical treatment?
7. In what ways have the injuries affect you and your daily activities?
8. Are your injuries permanent and life changing?
9. What are the economic or special damages (medical bills, lost wages, property loss, etc.)?
10. What facts support the non-economic damages (pain, suffering, disability, disfigurement, loss of enjoyment of life, etc.)?
11. Who is the carrier that will be defending the claim (Are they difficult to deal with? Do they fight to the death on every case?)?
12. Will litigation be necessary (and hence lead to more costly litigation expense)?
13. Which venue will the case be tried in (Are jurors there more or less conservative with awarding money damages?)?
14. Who is the judge that will preside in your case (is he/she a defense minded judge or a plaintiff’s minded judge)?
15. How do you (the injured plaintiff) appear as a witness (are you credible, trustworthy, attractive, etc.?)?

There may be many more different factors that can affect the value of your case.  With so many different variables, it can be next to impossible to determine with accuracy what the true value of a case is.

In the end, the value of a case is what a jury says its worth.  That’s why the parties, attorneys, and insurance companies involved try to predict how a jury will decide a case.  But when it comes to predicting how 12 jurors will see the case, there’s quite a bit of speculation involved.

In any event, you’ll want to hire a very experienced and successful injury attorney to work on your behalf.  To uncover and advocate the facts in your favor that may lead to a higher case value.

The clot turns into a blood infection.  It spreads rapidly, causing severe pain to your extremities.  It feels as if your “skin is on fire.” 

Then, within 10 days you are dead.

Can it happen?  Absolutely yes.  We are handling just such a case.

The dog bite spread a bacterium known as Capnocytophaga Canimorsus.  This bacterium is commonly found in dog and cat saliva, and it can cause serious problems in humans.

Once the person is infected, he or she becomes increasingly unwell, with initial lethargy, tiredness, listlessness, and subsequent fevers, rigors and embolic events, including necrosis of the extremities (i.e., tissue dies). Multi-system organ failure follows (Hore, 2001). In these scenarios, infection is often fatal, with mortality rates in the order of 30%.

There are cases reported where a dog lick to a person’s exposed wound has caused the bacterium to spread in a human and then cause death.

In our case, a man was bitten on the finger.  He died within 10 days.  His family is devastated.  The dog owner is legally liable for this wrongful death.  All dog owners are strictly liable for their animal’s bites and attacks, except in limited circumstances.

If you are bitten by a dog, no matter how small the wound, please get prompt medical attention.  It may save your life.

As you work to resolve your accident claim, you may hear insurance adjustors, lawyers and doctors talk about different degrees of injuries. You may hear injuries described as minor, moderate, severe or catastrophic. Minor or moderate injuries can be injuries such as sprains, strains, fractures, bruising or superficial cuts. These may be painful, but they usually heal well and quickly, with minimal medical treatment.

You may hear insurance adjustors refer to “soft tissue injuries.” Soft tissue injuries are injuries to the non-bony parts of the body, such as internal organs, nerves, muscles and connective tissues. Sprains, whiplash and pulled muscles are all types of soft tissue injuries. Even if you have a bruise over the affected area, you and your doctor may not realize you have a soft tissue injury under the bruise, because it can be hidden from sight and hard to detect with tests. Soft tissue injuries may heal quickly, but some do not. Some can even result in chronic pain and disability, which can be permanent if not treated properly. Typically, it is harder to recover substantial compensation in these cases than in cases involving serious or catastrophic injuries.

A catastrophic injury is a serious injury that is expected to permanently change the victim’s life. Examples of this type of injury include burns, amputations, spinal cord injuries, paralysis and head injuries (also called traumatic brain injuries). These types of injuries result in the most significant settlements and verdicts, because the injuries can be proven objectively and are more obvious to the insurance company or a jury.

Although catastrophic injuries are obvious in most cases, sometimes the full extent of the injury is not immediately revealed. This is especially true when the victim has suffered a traumatic brain injury, also called a closed head injury. In some cases, the brain may be affected in ways so subtle that only people close to the victim notice changes in abilities, behavior or personality.

A closed head injury can be caused by physical trauma (a hard blow or penetrating wound), a blast wave from an explosion or violent shaking of the head. It often results from actual jostling of the brain. Such trauma can damage the tissues of the brain, which in turn affects the abilities controlled by the damaged tissue.

A concussion is the mildest form of a brain injury, but more serious brain injuries leave their victims permanently disabled. As one often expects, a brain injury may affect many aspects of the injured person’s life, including physical movement, the senses, intellectual ability, creativity and even personality. Sometimes, what appears to be a minor concussion or brief loss of consciousness following a car accident can turn into in a more serious closed head injury later on, with symptoms such as chronic headaches, memory loss, loss of concentration or changes in a person’s personality or behavior.

One of the more severe, significant and complex types of claims is the wrongful death case.  Each state typically has their own laws and procedures governing a wrongful death claim.  In Washington, the wrongful death statutes are complex, both substantively and procedurally.  A personal representative must be appointed by the court to represent the deceased’s estate and the surviving family members.  Only certain surviving family members can recover compensation for the loss of their loved one.  There may be several claims involved in one case – the estate’s claim, and each claim brought by a surviving spouse and children.

The law of personal injury and insurance law is continually changing and evolving.  You should definitely speak with a qualified and experienced personal injury attorney about your claim, especially if it involves permanent or longlasting injuries and/or the loss of a loved one.

The man was actually bitten on the finger.  He went home where his wife cleaned the wound with disinfectant and sterile bandages.  But the wound continued to hurt and then started to ooze puss.  The man visited the hospital two days later, where he went into a septic shock.  A blood clot formed in his leg, and then suddenly released where the bacterium went through his body and into his heart.  The man was pronounced dead 10 days after the bite occurred. 

The medical examiner determined that the cause of death was capnocytophaga canimorsus. This refers to a common bacteria found in the saliva of dogs and cats.

Dog bites affect 2 million people every year.  Although death from a dog bite infection is rare, it can happen as the above case amply illustrates. 

Inflammation at the site of the dog bite is the most common sign of infection. Redness and swelling generally develop within 8 hours, but it can take up to 24 hours.  You may notice increased warmth around the wound.  This is also a sign of infection, as is pus or a white discharge. If lymph glands become enlarged or sensitive, this can also be a sign of infection.  Another sign is reddish streaks on the arms or legs radiating from the dog bite wound.

If  you are bitten, seek medical attention immediately.  Even if you think the wound is not serious, an infection can quickly spread and cause serious problems, including death.

The full extent of your injuries may not be obvious immediately after an accident. Some people may feel that they did not sustain a serious injury, only to discover weeks or months later that what they initially thought was a minor injury has worsened and may require significant medical treatment. Because of this possibility, one of the things you should do after an accident is see a doctor for a full evaluation. Depending on the type of injury, it may be best to consult with a specialist. Be certain to tell your doctor about all of your symptoms, no matter how minor they may seem. You should see this doctor as soon as possible after your accident, so the doctor can properly document the full extent of your injuries. This documentation is important because it creates a clear record of your injuries and treatment, which is essential in a legal claim.

Immediately after the accident, it may be difficult even for the most experienced doctor to tell you how long you will require medical treatment. Depending on your injuries, you may need follow-up care for the first few weeks or months after you leave the hospital. For extremely serious injuries, you may need long-term or even lifelong care. Because it is often difficult to predict your needs early in a case, it is important for you to be vigilant about your health. If you notice a change in your symptoms, you should be certain to tell your doctor about it. You should also, of course, actively participate in your own recovery by following your doctor’s orders, taking your medications and undergoing whatever rehabilitation or treatment your doctor recommends.

Your lawyer will also need to know about changes in your condition and how they affect your life, so he or she can explain the full extent of your injuries and damages to the insurance company and ask for the fairest settlement of your claim. To help your lawyer, you should keep a written record of your medical treatment and how your life has been affected by your injuries. This will also help you refresh your memory later, in case your claim goes to trial months or years after the accident. 

When your treatment is completed or your doctor feels you have reached maximum medical improvement, your lawyer may request additional medical records, to better understand how the injuries will affect you in the future.  Sometimes your lawyer may want to consult with a separate specialist hired for the sole purpose of reviewing your records and giving opinions about your injuries in trial if necessary.  This may occur if there are problems proving your injuries, or serious questions about the extent of your injuries and future prognosis.

In any event, the lesson to be learned by all personal injury accident victims is to diligently follow through with  your treatment.  Follow your doctors’ orders and recommendations.  Everything you do or don’t do during your treatment will be scrutinized by the other party’s insurance company or a defense lawyer if the case goes into litigation.

Most experienced personal injury lawyers understand that a settlement should not be rushed, particularly if one desires a good settlement. Settling a case is often a process. Good settlements usually take time and effort.  The process can be complex and take many months or even years. Different lawyers initiate the process in different ways (who goes first and so forth), but it always ends up with an offer and a series of counteroffers and counter-demands. However, the numbers passed back and forth are based somewhat on reason given the facts of the case.  A good lawyer will prepare the case for trial in an effort to get the best settlement possible.  The settlement offers and counteroffers will be based on the evidence that each side expects to present and hear at trial.  A party that has prepared a strong case for trial may be in a better negotiating position when it comes time to settle the case.

Deciding whether to accept a settlement offer requires you to consider subjective as well as objective factors. For example, there are benefits to ending your claim sooner rather than later.  Litigating the case can take a high toll emotionally.  On the other hand, the time, anxiety, energy and risk assumption required to go to trial may be worth it for the client —because of the potential for greater compensation. Client objectives vary, and each case and each client is different. The settlement process offers an opportunity for dialogue — and out of this dialogue comes a decision that fits the client in that case.

There are numerous factors to think about when considering a settlement offer, but issues to consider start with the amount of money being offered, the conditions attached to the offer and the amounts owed to third parties — like health care providers, other insurance companies and lienholders. There are laws and contractual obligations that govern these third parties’ rights to participate in the distribution of settlement proceeds. These rules are part of every settlement agreement, and you are expected to know them. An insurance company has no duty to explain the rules to you. Third parties such as health care providers might also claim part of your settlement behind the scenes.

A settlement offer is always measured against this one question: “What will a jury do in your case?”  No one knows for sure of course.  But the reasonableness of a settlement offer is whether a jury may award an amount close to the offer or some amount that is much higher or lower.  If your lawyer believes it may be difficult to get a jury to award much higher than the offer, then the settlement offer should usually be accepted. 

There is also a difference in the settlement value of a case versus the actual value a jury may decide.  The settlement value of a case is always less than the actual value of a case.  This is because the settlement value takes into account the enormous expense and risk of going to trial.  The settlement value is always a judgment made by the parties.  The settlement offer has to be high enough to persuade the claimant to accept the offer to avoid the increased risk and expense of going forward with litigation and a trial.  For example, if there is a strong defense concerning liability (i.e., the defense can show that a jury might not find the defendant at fault for the accident or find that the plaintiff shares a good portion of the fault), then the settlement value of case will be reduced even further to reflect the risk that no fault or little fault may be assessed against the defendant.  Insurance companies will always evaluate settlement value lower than what a jury verdict might be.  Again, the insurance carrier knows that the plaintiff will incur risk and expense by going to trial so the offer will reflect these uncertainties. 

Other considerations involve what debts, claims or other liens might exist against your settlement recovery. Your lawyer’s job is to get a settlement offer that will take care of any and all deductions that must come out of your recovery.  If the settlement offer is not sufficient to pay all of these debts, you may be liable for the rest. Sometimes, your lawyer can help by negotiating or using other remedies available under the law to make sure all of your obligations are covered. Depending on the circumstances, your lawyer might be able to convince creditors to take a lesser amount in exchange for immediate payment. But because this is an uncertain process, it is important to discuss your debts and obligations with your lawyer when analyzing a settlement offer. 

Sorry to disappoint but…… my stock answer is usually, “It depends…”  Depends on what?  Well, many things really.  In any given claim there may be one or two dozen factors that may affect value.  Here’s a partial list:

1. Extent of injuries – Are they permanent or only temporary?  Obviously, a permanent injury represents a greater value than if the injury eventually resolves.
2. Cost of care – How much treatment have you received?  A person that needs medical care for the rest of his or her life will have a much bigger claim then if the person only needs care for 6 mos.
3. Effect of injuries – Are they catastrophic and/or life-changing? Or can the person do everything he or she could do before the accident?
4. Facts of accident – Was the accident severe and dramatic, or was it a minor fender-bender with not much visible damage to the vehicle?
5. Is the injured person likeable, trustworthy, and will make a good witness?  I always tell my clients that juries have an easier time awarding high damages to people they respect, admire and like.
6. Pre-existing medical history – Did the victim have a non-existent medical history so I can more easily prove that the subject accident was the sole cause of the injuries and ongoing complaints?  Or does the victim have numerous prior and similar injuries or symptoms before the accident so a defense attorney can raise serious questions about whether the accident was the cause?

These are examples of the most common factors that can affect the value of a personal injury case.  But there are many others.  Because there are so many variables that go into an evaluation of a personal injury claim, no two cases are alike.  That means two cases that appear to be similar or identical on the surface (same injury, same treatment, etc.) can actually produce widely different settlements or verdicts.

As a lawyer who routinely evaluates personal injury cases, I can also tell you that it may take time to determine the real value of a case.  Some injuries can take months or years to resolve, or before a person reaches maximum medical improvement.  I may not have a firm handle on the value of a claim until the person goes through many months or years of treatment.  Often times medicine is a slow process of ruling out potential or competing diagnoses.  Some injuries just take time to resolve.

Contrary to popular belief – THERE IS NO FORMULA one can use to determine the value of a personal injury case.  Some people think you only have to multiply the medical bills by a factor of 2.5 or 3 (or any number) and that’s how you come up with value.  I wish it were that simple.  Come to think about it, if it were that simple I’d be out of a job.  There would be no use for an attorney because you and the insurance adjuster could merely use the formula and then settle the case.  It just doesn’t happen, not unless the adjustor convinces you that some formula does exist.  If that happens, the adjustor will use the “formula” to produce a very low settlement offer with the hope you’ll accept it. I have seen adjustors use a “formula” in an effort to show the victim that the settlement offer is “fair” and “objective.”  Some people fall for it.  Many don’t. 

To sum it up, no one really knows the true value of a case, unless it’s the jury who hears all of the evidence and makes an award at the conclusion of a trial.  Unless that happens, the attorneys and insurance company try to predict how a jury will see the case and then assign a settlement value less than this number.  It really is somewhat of an art, and it takes a lawyer who’s gone to trial several times to really gauge how juries decide injury cases, and it also helps when trying to predict how a judge might rule on the common legal issues involved in personal injury cases.  A judge has an enormous amount of discretion when it comes to deciding which evidence comes in, and what stuff stays out.  So a lawyer who has tried cases and argued motions before a judge will have a better idea on what evidence may likely come in or out in any given case.

If you want to know the likely value of your personal injury case, you should use a professional.  This is especially true if you have a bigger claim, or if you have injuries that are fairly severe, lasting months, and/or when the medical bills exceed a few thousand dollars.  Don’t take chances by damaging your case based on statements you make to the adjustor, or by settling the case for an amount that is far less than what may be fair and reasonable given the facts of your claim.

There are some lawyers who disagree with me.  These lawyers will tell you that you should ALWAYS call a lawyer immediately after every accident — even before you go see a medical doctor for your injuries!  Some lawyers will go so far as to tell you that you should call a lawyer while sitting in your car waiting for the police.  That’s just bunk.

Those lawyers who tell you to call them within minutes after an accident are usually more interested in collecting a fee than on protecting your best interests.  Choosing a lawyer should be done thoughtfully and carefully.

So how do you know when you should contact a personal injury for your accident case?  Here are some questions to answer:

1. Will your injuries require more than just a few months of medical treatment?
2. Will your total medical bills exceed $3,000 to $5,000?
3. Are your injuries longlasting, permanent, or severely debilitating?
4. Are your injuries catastrophic (i.e., loss of limb, paralysis, brain injury, etc.)
5. Do your injuries involve loss of limb or body part, or is there permanent scarring?
6. Is there a dispute about who caused the accident?
7. Is the insurance company ignoring your calls, or acting rude and unhelpful to you during the claims process?
8. Does the case involve a claim for wrongful death?

If you answered yes to one or more of these questions, then you may likely benefit from the assistance of a qualified personal injury attorney.  You should definitely talk to an attorney to hear how that attorney evaluates your claim. 

That’s why I decided to publish my first book nearly 3 years ago for Washington state accident victims.  Even though the book sells on Amazon for $20, I give the book to accident victims for FREE so they could have good and accurate information about the claims process and personal injury attorneys BEFORE the person actually decides to hire a lawyer.  Do not fall for the lawyer who SCREAMS hire a lawyer immediately after an accident, at least not if you want to make the best decision possible for your personal injury case.

We at the Davis Law Group usually turn down at least 25-35% of new accident cases because we believe the claim does not require the assistance of an attorney.  Sure, we could certainly sign these clients up and collect a fee.  But that wouldn’t be in the client’s best interest because the person could likely recover more compensation without an attorney.

If you’re looking for a Washington state personal injury attorney, do your homework.  Don’t choose the first lawyer you may see on TV.  Choose a lawyer that is more interested in protecting your best interest, and not the lawyer who is more focused on collecting a quick contingency fee.

The dog has been declared dangerous according to law.  It will be observed for at least 10 days, and will likely be destroyed.  The name of the dog’s owner was not released.  But the owner is currently in jail.  If the dog’s owner had prior knowledge of the dog’s viciousness or if the dog had attacked other humans in the past, then these facts may support criminal charges.

Children under the age of 10 are the most common victims of dog attacks, according to statistics released by the Centers for Disease Control (CDC).  The young boy who was attacked may need rabies shots as a precaution.

Civil liability for dog bite injuries is usually predicated on Washington’s Dog Bite Statute, although common law liability may also exist.  The statute imposes strict liability on dog owners, regardless of prior knowledge of the dog’s viciousness, as long as the attack happened on public property or on private property with the owner’s consent.  The legal defense of provocation is a complete defense available to the dog owner, and will often be alleged by the owner’s insurance company if the injuries are severe and the damages significant.

Davis Law Group has handled dozens of dog bite cases all over the state of Washington during the past 15+ years.  Approximately 85% of these cases involve children who are the victims.  That’s one reason why I wrote my book, “When the Dog Bites: The Essential Guide to Dog Bite Claims in Washington.”  I give this book away for free to parents of dog bite victims and/or their family members.  The book goes in to great detail regarding the specifics of the Dog Bite Statute and the various common law cases that address civil liability.