Compensation for Children's Facial Scars from Dog Bites in New Hampshire
When a child suffers a facial scar from a dog bite in New Hampshire, the law demands significant compensation for permanent disfigurement and future reconstructive surgeries. Settlements for minors must be formally approved by the court with Probate Court oversight to protect the child's financial future.
Dog attacks are incredibly traumatic events, but the tragedy is compounded when the victim is a young child. Because children are small and their faces are close to the level of a dog's mouth, they suffer a disproportionately high number of facial bites. A dog bite to the face does more than cause immediate physical pain; it leaves permanent scars that can affect a child's self-esteem and social development for the rest of their life.
In New Hampshire, the legal system takes the permanent disfigurement of a minor extremely seriously. The state's strict liability dog bite laws ensure that the dog's owner is financially responsible for the damage. However, calculating the true value of a child's scar and securing the funds requires highly specialized legal knowledge. If your child has been attacked, utilizing our directory to find a compassionate and experienced personal injury lawyer is the best way to secure their future.
Damages for Permanent Disfigurement
Under N.H. Rev. Stat. Ann. § 466:19, the dog's owner is strictly liable for the injuries caused by their animal. When seeking damages for a child, the compensation goes far beyond the initial emergency room bill. A facial scar is a daily reminder of the trauma. Insurance companies often try to downplay the severity of scars to save money, offering quick, lowball settlements. A skilled attorney will fight to ensure the settlement accurately reflects the lifelong burden of permanent disfigurement.
Calculating Plastic Surgery Costs
One of the most complex aspects of a child's dog bite case is medical timing. As a child grows, their skin stretches and changes, meaning a scar that looks minor at age five may become heavily distorted by age fifteen. Often, plastic surgeons will recommend waiting until the child is fully grown before performing complex scar revision surgeries. Therefore, a settlement cannot just cover past medical bills; it must include the estimated costs of future reconstructive surgeries that may not happen for another decade. Your lawyer will work with medical experts to project these future costs.
PTSD and Emotional Distress in Minors
The physical scars are only half of the damage. Children who are attacked by dogs frequently develop profound psychological trauma. This can manifest as a severe phobia of dogs, night terrors, anxiety, and a sudden drop in academic performance. These emotional injuries are compensable. Your attorney will likely include the cost of long-term child psychology and play therapy in the demand letter, ensuring your child has the resources they need to overcome their post-traumatic stress.
Probate Court Approval for Minor Settlements
In New Hampshire, parents cannot simply accept a large check on behalf of their child and deposit it into their own bank account. The law is designed to protect the child's money from being misspent by parents or guardians. Under N.H. Super. Ct. R. 40 and N.H. Rev. Stat. Ann. § 464-A:42, if a child's net personal injury settlement exceeds $10,000, the settlement must be formally approved by the Superior Court through a Petition for Approval of Minor Settlement rather than a standard preprinted court form. During the hearing, the judge will review the settlement amount, attorney fees, and medical records to ensure the deal is in the best interest of the minor.
Additionally, for settlements exceeding $10,000, the court requires proof in the form of a certified statement showing that a guardian of the estate has been appointed pursuant to N.H. Rev. Stat. Ann. § 463:19. This separate guardianship proceeding is handled by the Circuit Court - Probate Division, such as the 9th Circuit Court - Probate Division, Nashua or the 6th Circuit Court - Probate Division, Concord. Once approved, the funds are typically placed into a blocked, interest-bearing account or structured as an annuity, which the child can access once they reach the age of 18.
Statute of Limitations for Child Victims in NH
For adult victims, the standard statute of limitations to file a personal injury lawsuit in New Hampshire is three years from the date of the injury, pursuant to N.H. Rev. Stat. Ann. § 508:4. However, the law provides a massive exception for children. Under N.H. Rev. Stat. Ann. § 508:8, the statute of limitations is 'tolled' (paused) for minors. A child victim has until two years after their 18th birthday to file a lawsuit against the dog owner.
Despite this extended timeline, parents should never wait to take legal action. Evidence disappears quickly. The dog owner might move out of state, the specific homeowner's insurance policy that was active on the date of the bite could be lost, and witnesses will forget what they saw. Contacting an attorney immediately allows them to secure the evidence while waiting for the child's scars to reach maximum medical improvement before settling the claim.
Frequently Asked Questions (FAQ)
What if my child was petting the dog when it bit them?
Under strict liability, the owner is still responsible. Unless the child was maliciously torturing the dog, normal interactions like reaching out to pet a dog do not excuse the owner from liability for the attack.
Will the dog be put down if we sue the owner?
A civil lawsuit for money damages is separate from animal control actions. Suing for compensation does not automatically mean the dog will be euthanized. Animal control makes that determination based on the dog's history and the severity of the attack.
Can parents be compensated for missing work to care for the child?
Yes. As part of the settlement, parents can often claim out-of-pocket expenses, including the wages they lost while taking their child to emergency rooms, plastic surgeons, and therapy appointments.
What if the dog belonged to a friend or relative?
Many dog bites happen at the homes of family friends or relatives. Remember, you are rarely suing your friend directly; you are pursuing compensation from their homeowner's insurance policy, which they pay for to cover exactly these types of tragic accidents.
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