My son was bit by my daycare providers dog in December of 2012 and still has the scar on his face. Can I still file a claim?

In Wisconsin dog owners are strictly liable for injuries their dogs cause to others. You mentioned your son was 2 when he was bitten. Children under 18 when injured have until their 20th birthday to bring a lawsuit. You also may have an issue with the child's daycare provider's insurance carrier if the daycare is run out of a home and they did not tell their insurance company about it. The lawsuit that the daycare provider may bring against you is likely to be in small claims court. If your child was bit in the face by a dog and still shows a scar the claim would likely be a large claim. You should keep school photos and take occasional photos of the scarring. I would also recommend a consult with a plastic surgeon regarding the scarring and whether or not it will require future treatment. I would be happy to answer your questions. I also get up to the Antigo area fairly regularly.

Your son has potential claims which are legally separate from your potential claims. In other words, both your son and you have your own separate claims arising out of his injury. Included among the elements of damages that may make up your son's claims under Wisconsin law are Pain, Suffering, Disability, and Disfigurement. Under current Wisconsin law, if your son was a minor at the time bitten, he age until he reaches age 20 to file a lawsuit on his claims. Included among the elements of damages that may make up your claim as a parent, i.e, your "derivative' claims, are: Medical Expense associated with treating your son's injury and Loss of Society and Companionship. Under current Wisconsin law, you have 3 years from the date of the injury to file your lawsuit on your derivative claims. Prosecuting either set of claims in the context of a counterclaim in a pending breach of contract case might not be the best idea, as their full damage recovery potential might not be reached. Instead, the claims should be properly "worked up" by an attorney with personal injury case handling experience before being put forward. Depending on the exact placement and size of the scarring, the "workup" may need to include an evaluation by a plastic surgeon and professional photographs. Because scars, particularly in young children, "mature" fairly slowly, your son's scar may not yet be ready for evaluation by an expert. A proper "workup" designed to maximize the potential recovery could take longer than the breach of contract case. I recommend contacting a personal injury attorney immediately.

It sounds like you have a strong claim. You should hire an experienced personal injury attorney as soon as possible to properly build and bring the claim.

I am so sorry to hear this. I strongly urge you contact a personal injury lawyer to assist you. How old is your son? Has he told you what happened? Do you have other accounts of what happened? When did they file suit against you? Be very careful of potential deadlines for answering the daycare provider's complaint. It sounds like you have a valid claim. Wisconsin's dog bite statute can be found at Wis. Stat. Chapter 174. Has the dog every bitten anyone before? Have you or any family member given a statement to the daycare provider's insurance company? I suggest you consult with a good personal injury lawyer to investigate and handle your claims as well as to defend you against claims the provider filed against you.

Just bring the claim directly. Retain an experienced WI personal injury attorney ASAP.

You can still file a claim. Wisconsin has a 3-year statute of limitations for personal injuries. An attorney could help you determine the best strategy for this claim, whether it would be to counter-sue your daycare provider or otherwise. You should contact an attorney to discuss this claim immediately.

Under Wisconsin law an owner of a dog is strictly liable for damages that dog causes. If the dog has dangerous propensities (a history of aggressive behavior) the owner can be liable for double damages. I would recommend contacting an experienced dog bite attorney in Wisconsin as soon as possible. -Adam

In Wisconsin, there is a three-year statute of limitations for dog bite cases. That being said, you should contact a Wisconsin-licensed attorney right away. It sounds like you have a good claim. Best, Joe Larson

Suing as a vendetta or for retribution is rarely, if ever, a good idea. The fact that your son was injured and scarred, presumably due to legal negligence, is always a good reason to consider a claim. Its your child. Do today what you should have done yesterday - contact local and qualified counsel to learn how your son may be protected.