Can we sue my neighbor for the medical expenses we used to treat my child?

Get a lawyer. You are obligated to protect your child. The neighbors will deny that they invited the child to pet the dog, so hopefully you will be able to prove that they did. A smart lawyer will know how to approach it. It could be that the dog in the front yard was an "attractive nuisance."

The insurance company appears to be wrong. If I had to guess, I would say they know it and will sing a different song when contacted by your attorney. Regardless of insurance coverage, there can be no question of your neighbors' liability for your child's injury and pain, your medical expenses, and most other damages you suffered (lost time from work, etc.)

I specialize in dog bite cases. It appears that you have a legitimate claim against your neighbor.

If the neighbor dog is vicious, meaning it has bitten other dogs or people, then you have a claim against the neighbor. I have no idea why your insurance co says this is not medical. It obviously is. maybe you did not understand what they said. Ask again and ask them to put it in writing if they deny the claim. They usually will.

Make a claim against the homeowner's insurance for the dog's owner in Florida, if you own a dog and the dog bites someone, the dog's owner is strictly liable.

Your neighbor's homeowners insurance might pay up just to avoid a claim on behalf of a child involving a dog bite. If the dog threatened or bit anyone before there is strict liability upon the dog owners. Some homeowners policies will pay medical expenses whether the homeowners are legally liable or not. Finally, you should fight your insurance carrier on their disclaimer: they are supposed to cover this, this is what insurance is for.

If the neighbors had homeowner's insurance, you should be covered for the full extent of the damages including future expense for remedial procedures to try to surgically remove or repair all the scarring. Best advice for you would be to hire an attorney.

Yes you definitely can sue to recover the medical expenses and pain and suffering your son suffered from the dog bite. Your neighbor is liable for the actions of his dog and if he has homeowners insurance it will cover the incident.

Owners of dogs in New York that have never bitten anyone before, and don't fall into the class of dogs that are known to be vicious (i.e., dobermans, pit bulls, rottweilers, etc), are entitled to one free bite. So, if the owner of the dog that bit you child had never had a prior situation where his dog bit anyone, and the dog is not within the class of dogs that I've mentioned, then there may be no responsibility for the injury. As for your medical insurance company, they are obligated to cover your family for all medical care. However, if you recover money from the owner of the dog (or his insurance carrier), your insurance carrier may be entitled to reimbursement of the medical bills it paid as a result of the dog bite. If no suit/claim is made, then I don't believe your insurance carrier is entitled to repayment from you for any benefits its paid on your behalf.

Yes. In Idaho, you normally have to prove that the dog had some dangerous propensities, like it had previously bitten someone, growled, acted aggressively or is a dangerous breed. With regard to health insurance not paying, it may be because your health insurance believes your neighbor's insurance is paying the bills. I would get in touch with the neighbor's insurance, and if they aren't going to pay the medical bills, let the health insurance know and I bet they pick up the expenses.

First, file an appeal with your insurance company. This was an accident, and the medical insurance needs to uphold its end of your contract and pay the child's bills. Follow the instructions in the Explanation of Benefits or letter you received. Second, speak with a personal injury attorney in your area. You probably should be bringing a claim against the dog owner for negligence. If there is coverage available, it will help with any out of pocket medical expenses, get your health insurer paid back for what they spend, and get your child some money for the pain and suffering (as well as for any scarring). It won't cost you anything to have an attorney help you do this right, and your child will ultimately benefit. The attorney should help with your health insurance situation as well.

Yes. You have the legal right to recover provable medical special damages that were caused by the attack. Additionally, your child has the right to recover non-economic damages, commonly referred to as general damages. This is money to compensate your child for pain and suffering. You do not need to prove fault, in order to win your case. Rather, California laws allows recovery of damages in dog bite cases, without the need to prove that your neighbor was at fault. This is known as the strict liability doctrine. Additionally, if your child, at the time of the attack, was a minor, the statute of limitations is tolled until he or she reaches 18 years-old. Code of Civil Procedure section 352. The attorney's are also reduced, as your child was a minor. This should be brought up with the attorney your choose. If you personally witnessed the dog attack, you also have your own claim for damages, under the legal theory of negligent infliction of emotional distress. As a parent who witnessed the attack, you must file your action within two years of the attack. Code of Civil Procedure section 335.1 Unlike your child's case, you must establish fault to recover damages for your action, if you have an action. Again, you only have an action if you saw the attack. I believe you have an excellent lawsuit, and wish you well.

Your medical insurance policy should cover the expenses. I suspect the letter you got from your insurance company simply says they want their money back if you sue your neighbor. For your neighbor to be liable, though, you would have to show that he knew the dog had vicious propensities, which basically means that the dog had bitten someone before.

The issue with your health insurance sounds extremely odd. It's clearly an emergency which I understand all health insurance covers. Aside from insurance, the dog owner is liable for your son's damages. Here's the applicable statute in CA: Civil Code: 3342. (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner. (b) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following: (1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity. (2) In the investigation of a crime or possible crime. (3) In the execution of a warrant. (4) In the defense of a peace officer or another person. (c) Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work. (d) Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b). You should retain an attorney to help you with this. If the owner has homeowner's insurance, it typically covers these matters.

You have the option to seek reimbursement for your child's medical bills. Also, he is entitled to pain and suffering for what he went through. Normally we make this claim through the dog owner's home owner's insurance.