The New Jersey Dog Bite Lawyer Secures One of the Largest Dog Bite Settlements in NJ History

Dog attacks are traumatic events, but when the victim is a vulnerable child, the physical and emotional toll can be devastating. In a recent landmark case in Cape May County, the New Jersey Dog Bite Lawyer David Cowhey and his team secured a $1 million settlement on behalf of a 7-year-old boy who suffered a severe dog bite to the face.

This recovery stands as one of the largest dog bite settlements in New Jersey history. It serves as a powerful reminder of the importance of aggressive legal representation when fighting for victims who cannot fight for themselves.

7-Year Old Attacked by Relative’s Dog 

The case involved a 7-year-old boy with special needs who was attacked by a dog belonging to a relative. The attack resulted in significant facial injuries requiring medical intervention and left the child with permanent scarring.

Beyond the physical wounds, the trauma significantly aggravated the child’s underlying emotional condition. Cases involving injuries to children, particularly those with pre-existing challenges, require a nuanced approach. It is not enough to prove the bite occurred. David Cowhey and his legal team had to demonstrate how the event fundamentally altered the child’s life and future well-being.

The Role of the NJ Dog Bite Lawyer in Securing a Settlement

Securing a seven-figure settlement in a dog bite case is rare and requires a strategic, multifaceted legal approach. The legal team harnessed the following strategies to compel the defense to settle for $1 million just two weeks before trial:

• Establishing the Full Impact of “Aggravation”:

Quantifying the “aggravation of an underlying condition” was crucial to this case result. David Cowhey and his team organized expert testimony to show that the trauma did not just cause a new injury but severely set back the child’s emotional development. This distinguished the case from a standard personal injury claim.

• Future Impact Analysis

Because the victim is a child, the settlement had to account for a lifetime of consequences. The legal team meticulously documented the long-term effects of the facial scarring and the potential need for future revision surgeries or psychological therapy.

• Strict Liability Leverage

New Jersey is a “strict liability” state for dog bites. The New Jersey Dog Bite lawyer used his 40 years of legal experience to leverage this statute so the defense could not shift blame onto the child or the parents. The case focus was strictly on the damages and the dog owner’s responsibility.

• Trial Readiness

The defense agreed to this historic settlement as David Cowhey and the firm’s team showed they were fully prepared to go to trial. In presenting a clear case in Cape May County Superior Court, they showed the insurance carriers that the risk of a jury verdict was far too high for them to ignore.

A Powerful Message for Dog Bite Victims and Insurance Companies

While no amount of money can erase the trauma of an attack, this $1 million recovery ensures the child will have the resources necessary for his future care and emotional support. It sends a clear message that New Jersey courts and attorneys will vigorously protect children from negligence.

If your child has been bitten by a dog and you require urgent guidance on your legal options, request a free consultation with David Cowhey today. 

Frequently Asked Questions on Dog Bite Settlements and Child Dog Attacks

What is a “Friendly Hearing” and is it required?

In New Jersey, any settlement involving a minor (under age 18) must be approved by a Superior Court judge in a proceeding known as a “Friendly Hearing” (pursuant to Rule 4:44). The judge reviews the facts, the injuries, and the settlement amount to ensure it is fair and in the best interest of the child. The settlement is not valid until the judge signs off on it.

Where is the settlement money kept until the child turns 18?

Once a settlement is approved, the funds are typically deposited into the County Surrogate’s Intermingled Trust Fund. The money earns interest and is held safely until the child reaches adulthood. In rare cases involving significant medical needs, a judge may allow parents to withdraw funds early for the specific benefit of the child, but this requires strict court approval. 

Another option frequently utilized in cases involving minors is to put the funds into a structured settlement whereby the child obtains the money at a later age than 18. The benefit of this is that an 18 year old young person is not given a large lump sum of money, it can be protected to allow the child to still receive college financial aid and the accrued principal and interest are not subject to state or federal taxes pursuant to IRS Revenue Rulings.

Can a child be blamed for “provoking” the dog?

It is very difficult to blame a young child for a dog bite in New Jersey. Children under the age of seven are legally presumed to be incapable of negligence. Even for children seven and older, the law judges their actions against what a child of similar age, intelligence, and experience would do, not by adult standards.

Does the “Strict Liability” law apply if the dog knocked my child down but didn’t bite?

No. New Jersey’s strict liability statute applies specifically to bites. If a dog knocks a child over, scratches them, or causes an injury without biting, the case is handled under standard “negligence” laws. In these cases, you must prove the owner knew the dog was dangerous or failed to control it properly, rather than liability being automatic.

Does the settlement cover future plastic surgery for scarring?

Yes. Settlements for children must account for the fact that they are still growing. A scar that looks one way on a 7-year-old may stretch or change as the child enters puberty. A comprehensive settlement often includes the estimated cost of future scar revision surgeries that may be performed when the child stops growing.

Can a parent receive compensation for witnessing the attack?

Potentially, yes. Under a legal claim known as Portee v. Jaffee, a parent who witnesses a traumatic injury to their child may be eligible for “bystander” damages for their own emotional distress. However, strict criteria must be met. The parent must have physically witnessed the attack, the injury must be severe, and the parent must have suffered severe emotional distress as a result.