OTLA Trial Lawyer Spring 2021

27 Trial Lawyer • Spring 2021 to your particular client’s case/concerns and needs.) Things to remember Should you ever have a dog bite/dog attack case, I suggest you keep the fol- lowing points in mind: • In addition to common law and ap- plicable ORS/city/county regulations, the internet is often helpful when it comes to reviewing the traits and char- acteristics of the particular breed of dog that caused/inflicted the injury of your client. • In my practice, I have found, and I argue, that the actual amount of my cli- ent’s medical bills/economic damages are usually not indicative of the amount of the noneconomic damages my client has sustained. This is especially true when a scarring from a bite/attack is permanent and visible ( e.g. facial scarring, scars on one’s hands, forearms or legs). • In almost every case where scarring is visible, I consult with and obtain an opinion from an appropriate medical expert. The expert testifies to the cost of reconstructive surgery and the probabil- ity that such surgery will improve the appearance or scar and the function/use of the bite/attack area ( i.e. , fingers, arm, leg or face). • In addition to physical scarring, when appropriate, I will also consult with and obtain an opinion from an appropriate professional regarding psychological is- sues, such as PTSD. • If I am dealing with a hard nosed adjuster, defense counsel or mediator, I will ask them to show the pictures of my client’s scars to their office staff, friends and family members to get their thoughts and impressions. The photos In one case, the mediator thought my evaluation was too high and unrealistic. My client was very much inclined to ac- cept the mediator’s suggestion that she accept defense counsel’s “final” offer. I convinced my client not to do so (much to the consternation/aggravation of the mediator). As we concluded the media- tion, I asked the mediator and defense counsel to take the photos of my young client’s scarring (to her legs) and show them to their family members. The me- diator and defense counsel agreed and we also agreed to confer again and revisit negotiations once that was done. The following week, the defense in- creased its offer, with the mediator’s urging, and the case was settled for a more reasonable sum. I have to admit, in that case, I ini- tially did not think the scarring was that significant. What convinced me other- wise was when some of the folks at my office saw the client and her grand- mother sitting in the waiting room. All of the folks (including another client who was sitting in the waiting room) com- mented to me, “What happened to that poor kid?” When I told them about the bite/attack, their anger was quite eye- opening. Their comments were quite instructive. As such, ever since that case, I will often show photos of my client’s scarring to people who are not in the legal profes- sion. I encourage you to do so as well. While I certainly appreciate the input, counsel and wisdom of other attorneys, I often seek out neighbors, friends and folks who can act as a mock juror. No bad dogs I encourage any OTLAmembers who are dog owners to take appropriate pre- cautions. It has been said, “There are no bad dogs. Just untrained ones.” Rob Guarrasi represents individuals injured by dog bites and attacks. He contributes to the OTLA Guardians of Civil Justice at the Guardians Club level. His office is located at 5245 Langford Lane, Lake Oswego, OR 97035. Guarrasi can be reached at rob3151@comast.net or 503-699-5588. He is the proud owner of a golden retriever, Kalani, and a mutt-rescue, Mateo.