For thousands of years, dogs have been referred to as “Man’s Best Friend.”  Why?  It’s simple—because dogs are well known for their ability to be loyal, loving, playful, and a great source of companionship for both the young and the old.  Dogs even serve some of the most important roles for humans such as being the eyes for the blind and drug and human trackers for police. There is no denying the fact that dogs bring a lot of joy to many and because of the deep bond that is established with humans, they are often considered and treated like part of the family.   

Unfortunately, the staggering number of dog attacks every year tells us that it is not always safe or wise to trust Man’s Best Friend.  The statistics reported by the Center for Disease Control and Prevention tell us that the number of dog attacks each year are in the millions, that medical attention is necessary for one out of every six attacks, and that dog attacks are in the top five reasons that children are sent to the hospital each year.  These are facts that should not and cannot be ignored.  Although cute, cuddly and furry, dogs of all types can be very dangerous causing severe injuries up to and including death.  Granted, not every dog is prone to or has a reputation for biting or attacking, but the statistical data speaks for itself—Man’s Best Friend has been the root cause of many horrendous and life altering injuries for a lot of innocent people. 

This law firm has represented many victims of dog attacks that have resulted in significant injuries requiring prolonged hospitalization and surgery for skin grafting and/or reconstructive surgery.  Below is a sample of some of the types of injuries that can result from being bitten or attacked by a dog:

The lawyers at Halpert, Weston, Wuori & Sawusch, P.C., know excellent plastic surgeons and other specialists and work with them to understand the injuries and help obtain compensation to pay for future surgeries and other needs.  In some cases, the injuries are such that the scarring can be reduced and improved, but not eliminated.  A dog bite can be very traumatic and result in not only long-term or permanent physical injuries, but also emotional and psychological issues that must also be addressed medically.  This law firm has successfully handled dog bite cases in which a neighborhood dog has attacked a child that caused puncture wounds requiring stitches to more catastrophic cases in which a woman was savagely attacked by three escaped dogs causing hundreds of puncture wounds that required multiple skin grafting surgeries due to the depth and severity of the wounds. 

Thankfully, Michigan law is harsh on dog owners forcing them to be responsible pet owners and responsible to the victim of a dog attack.  The dog bite statute in Michigan imposes strict liability (absolute or complete responsibility) against the dog owner(s) where it is shown that (1) there was a dog bite or attack of a person, (2) there was no provocation (i.e., taunting, hitting, or other action that might cause an ordinary dog to react by biting), and (3) the dog bite victim was lawfully at the location where the bite occurred.  MCL 287.351.   The key to establishing strict liability is developing the factual evidence to show an absence of provocation on the part of the victim.  Even if provocation is involved, however, there are other theories of liability for which a claim can be brought against the owner or keeper of a dog responsible for the attack that results in injury.    

The owner of a dog may also face criminal charges if the dog is determined to be a “dangerous animal” that has caused serious injury or death to a person.  Depending on the factual circumstances of the dog bite or attack, the owner can be fined, ordered to perform community service, and/or sentenced to jail time.  Generally, after a dog bite or attack is reported, the dog is required to be quarantined either at the owner’s home or the local Animal Control Department.  Under Michigan law, however, many dogs have to be put down to avoid future harm to others.   MCL 287.321. 

 The lawyers at Halpert, Weston, Wuori & Sawusch, P.C., have been successfully representing dog bite victims for many years.  This law firm has obtained hundreds of thousands of dollars in compensation on a single case and millions in total over the years.  We believe strongly that just like all the other types of personal injury claims we handle, a skilled and experienced trial lawyer is crucial to obtaining the best possible recovery to take care of medical bills incurred, future medical bills and treatments, therapy as well as compensation for pain and suffering, disfigurement, and any other long-term or permanent implications a person is forced to live with as a result of being bitten or attacked by a dog.  

 1.  Whenever the death of a person or injuries resulting in death shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under circumstances that constitute a felony.

 2.  Every action under this Section shall be brought by, and in the name of, the personal representative of the estate of the deceased person. Within 30 days after the commencement of an action, the personal representative shall serve a copy of the complaint and notice as prescribed in Subsection (4) upon the person or persons who may be entitled to damages under Subsection (3) in the manner and method provided in the rules applicable to probate court proceedings.

 3.  Subject to Sections 2802 to 2805 of the Estates and Protected Individuals Code, 1998 PA 386, MCL 700.2802 to 700.2805, the person or persons who may be entitled to damages under this Section shall be limited to any of the following who suffer damages and survive the deceased:

 (a) The deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters, and, if none of these persons survive the deceased, then those persons to whom the estate of the deceased would pass under the laws of intestate succession determined as of the date of death of the deceased.

 (b) The children of the deceased’s spouse.

 (c) Those persons who are devisees under the Will of the deceased, except those whose relationship with the decedent violated Michigan law, including beneficiaries of a trust under the Will, those persons who are designated in the Will as persons who may be entitled to damages under this section, and the beneficiaries of a living trust of the deceased if there is a devise to that trust in the Will of the deceased.

 4.  The notice required in Subsection (2) shall contain the following:

 (a) The name and address of the personal representative and the personal representative’s attorney.

 (b) A statement that the attorney for the personal representative shall be advised within 60 days after the mailing of the notice of any material fact that may constitute evidence of any claim for damages and that failure to do so may adversely affect his or her recovery of damages and could bar his or her right to any claim at a hearing to distribute proceeds.

 (c) A statement that he or she will be notified of a hearing to determine the distribution of the proceeds after the adjudication or settlement of the claim for damages.

 d) A statement that to recover damages under this section the person who may be entitled to damages must present a claim for damages to the personal representative on or before the date set for hearing on the motion for distribution of the proceeds under Subsection (6) and that failure to present a claim for damages within the time provided shall bar the person from making a claim to any of the proceeds.

 5.  If, for the purpose of settling a claim for damages for wrongful death where an action for those damages is pending, a motion is filed in the court where the action is pending by the personal representative asking leave of the court to settle the claim, the court shall, with or without notice, conduct a hearing and approve or reject the proposed settlement.

 6.  In every action under this Section, the court or jury may award damages as the court or jury shall consider fair and equitable, under all the circumstances including reasonable medical, hospital, funeral, and burial expenses for which the estate is liable; reasonable compensation for the pain and suffering, while conscious, undergone by the deceased person during the period intervening between the time of the injury and death; and damages for the loss of financial support and the loss of the society and companionship of the deceased. The proceeds of a settlement or judgment in an action for damages for wrongful death shall be distributed as follows:

 (a) The personal representative shall file with the court a motion for authority to distribute the proceeds. Upon the filing of the motion, the court shall order a hearing.

(b) Unless waived, notice of the hearing shall be served upon all persons who may be entitled to damages under Subsection (3) in the time, manner, and method provided in the rules applicable to probate court proceedings.

(c) If any interested person is a minor, a disappeared person, or an incapacitated individual for whom a fiduciary is not appointed, a fiduciary or guardian ad litem shall be first appointed, and the notice provided in Subdivision (b) shall be given to the fiduciary or guardian ad litem of the minor, disappeared person, or legally incapacitated individual.

(d) After a hearing by the court, the court shall order payment from the proceeds of the reasonable medical, hospital, funeral, and burial expenses of the decedent for which the estate is liable. The proceeds shall not be applied to the payment of any other charges against the estate of the decedent. The court shall then enter an order distributing the proceeds to those persons designated in Subsection (3) who suffered damages and to the estate of the deceased for compensation for conscious pain and suffering, if any, in the amount as the court or jury considers fair and equitable considering the relative damages sustained by each of the persons and the estate of the deceased. If there is a special verdict by a jury in the wrongful death action, damages shall be distributed as provided in the special verdict.

(e) If none of the persons entitled to the proceeds is a minor, a disappeared person, or a legally incapacitated individual and all of the persons entitled to the proceeds execute a verified stipulation or agreement in writing in which the portion of the proceeds to be distributed to each of the persons is specified, the order of the court shall be entered in accordance with the stipulation or agreement.

 7.  A person who may be entitled to damages under this section must present a claim for damages to the personal representative on or before the date set for hearing on the motion for distribution of the proceeds under Subsection (6). The failure to present a claim for damages within the time provided shall bar the person from making a claim to any of the proceeds.

 8.  A person who may be entitled to damages under this section shall advise the attorney for the personal representative within 60 days after service of the complaint and notice as provided for under Subsection (2) of any material fact of which the person has knowledge and that may constitute evidence of any claim for damages. The person’s right to claim at a hearing any proceeds may be barred by the court if the person fails to advise the personal representative as prescribed in this subsection.

 9.  If a claim under this section is to be settled and a civil action for wrongful death is not pending under this Section, the procedures prescribed in Section 3924 of the Estates and Protected Individuals Code, 1998 PA 386, MCL 700.3924, shall be applicable to the distribution of the proceeds.

If a loved one lost his or her life in an accident that may have been caused by the fault of another person, product, or company, you and your family may have a Michigan wrongful death legal claim. The lawyers at Halpert, Weston, Wuori & Sawusch, P.C. have successfully handled hundreds of such wrongful death claims. We are able to handle everything from the appointment of the personal representative to start the claim to achieving not just any compensation but that which justice demands.

 Under the Michigan wrongful death law, a Michigan wrongful death lawsuit may seek compensation for several types of monetary damages, including:

• Damages for the conscious pain and suffering of the victim, between the time of the wrongful injury and death
• Medical and funeral expenses
• Loss of projected future earnings, which would have helped support the victim’s spouse, children, and other dependents
• Loss of other income and benefits (pensions, health insurance, things of economic value), which would have helped support the victim’s spouse, children, and other dependents
• Pain and suffering or mental anguish of the victim’s surviving spouse, children, or other immediate family members
• Loss of care, protection, and companionship of the victim’s surviving spouse, children, or other immediate family members

Each category of damages is different in each case and dependent on many factors, requiring skilled attorneys knowledgeable in investigating and proving such damages. For example, an often overlooked area of damages is conscious pain and suffering of the accident victim, for which significant amounts have been awarded by juries around the country. While not every case will produce such an award, conscious pain and suffering awards, even for minutes of conscious pain and suffering before death, have been in the hundreds of thousands of dollars and in many cases millions of dollars.