You can claim compensation for a dog bite if certain conditions are met. The compensation will generally cover medical expenses, pain and suffering, lost earnings, and other damages related to the injury. Here are some key factors to consider when pursuing compensation for a dog bite.
Statute of Limitations
You do not have unlimited time to file a lawsuit after getting bitten neglige by a dog. There are time limits for filing a dog bite claim, known as the statute of limitations. The time frame varies by jurisdiction, so acting quickly after the incident is important.
Evidence You Will Need
You will need to present evidence to a judge or jury or to the insurance company to get the money you need to treat your dog bite injuries. Therefore, preserving evidence is vital to the success of your case. Take photos of your injuries and seek medical attention right away. Medical records will support your compensation claim. If anyone witnessed the attack, their testimony can strengthen your case.
In some cases, especially if the dog was dangerous or aggressive, a police report might be filed. This report can serve as evidence in your case. If the dog has a history of aggression, this can be vital in establishing the owner’s negligence or liability.
How To Prove Compensation
A personal injury attorney can help build your case for compensation after a dog bite. The source of financial compensation after a dog bite is typically renter’s insurance or homeowner’s insurance. If the owner is insured, you may file a claim through their insurance company.
If the dog owner does not have insurance or if the insurance does not cover the full extent of your damages, you may need to file a personal injury lawsuit against the dog owner directly. A Little Rock dog bite lawyer can help handle the complex world of civil litigation.
Some states have specific “dog bite statutes” that outline strict liability or negligence laws for dog attacks. Work with an experienced personal injury attorney to understand dog bite laws and your rights.
Damages That You Can Claim for Compensation
You can collect financial compensation after an accident. The following categories of damages that you can claim compensation for after a dog bite.
Compensation can cover past and future medical expenses, like emergency medical care, surgeries, rehabilitation, and other types of follow-up care.
If the dog bite caused you to miss work or prevented you from working altogether, you can claim lost earnings or loss of future earning capacity.
If the dog bite caused lasting physical damage, you may be entitled to additional compensation for scarring, disfigurement, or long-term disability.
A dog bite victim may also be entitled to recover for the physical pain, emotional distress, and trauma caused by the bite. It may include the psychological impact, such as anxiety or fear of dogs.
Liability for the Dog Bite
In many states, the dog owner is liable for any injuries the dog causes. It applies whether or not the owner knew the dog was aggressive. Some places have strict liability laws, meaning the owner is responsible regardless of the dog’s past behavior.
If a dog has bitten you, consulting with a personal injury attorney with a focus in animal attack cases is important. A Little Rock dog bite lawyer can help determine liability, guide you through the claims process, and ensure you receive compensation for your injuries.
Are There Defenses To Dog Bite Cases?
Yes, there are several potential defenses to dog bite cases. In dog bite cases, the dog owner may raise several defenses to avoid or reduce liability. Some of the most common defenses include the following.
The First Bite Rule
In some states, a dog owner is not held strictly liable for a bite if their dog has never shown signs of aggression before the incident. This concept is known as the “one free bite” rule. The one-free-bite rule, which exists in certain states or countries, can provide a defense for the dog owner. If the dog has no history of aggression or bites, the owner may argue that they can not reasonably foresee the dog biting someone.
The Dog Was a Service Animal
The dog owner might argue they are not liable if the dog is a service animal. They might argue that the dog was a service animal and the incident was caused by some external factor, like the victim’s failure to respect the animal’s working status. Service animals are generally not allowed to be provoked or disturbed while working. In some cases, the dog’s behavior might be excused if the person interfered with the animal while it was performing its duties.
The Dog Was Not At-Fault
The dog’s owner might have argued that the dog was not at fault for causing the accident. The defendant may deny ownership of the dog or claim that the dog was not under their control at the time of the bite. If the defendant can prove they did not own or control the dog, they may avoid liability. However, this is more common in cases where there is ambiguity about ownership or custody of the animal.
The Dog Did Not Cause The Injury
The defendant might argue that the injury was not caused by the dog bite at all. Instead, they can assert that another factor or source, such as a fall, a pre-existing medical condition, or something unrelated to the dog, caused the victim’s injuries. The compensation claim might be dismissed if the defense can convince the court that the dog did not cause the injury.
The Dog Was Provoked By Another Animal
The argument from the owner might be that the dog’s bite was triggered by another animal or an external factor. For example, the dog may have been attacked or threatened by another animal, causing it to bite in self-defense or out of fear. The owner might argue that the dog was not at fault but was reacting instinctively to a perceived threat from another animal or situation.
The Victim’s Own Negligence
The dog owner might argue that you were negligent and, thus, caused your own injuries. The dog bite was caused by the victim’s own negligent actions, such as failing to take reasonable precautions or making a dangerous move toward the dog. In some states, if the victim’s own negligence contributed to the injury, the damages may be reduced or even barred. The degree to which this impacts the case depends on state law. Contact a Little Rock dog bite lawyer to ensure you are not taken advantage of by a desperate dog owner.
Assumption of Risk
The dog owner might try to shift the blame for the accident onto the victim. The owner might argue that the victim knowingly took a risk by interacting with the dog or entering an environment where a dog was present, understanding the risk of being bitten. This defense suggests that the victim accepted the potential danger. If the victim knowingly assumed the risk, they may not be entitled to compensation.
Trespassing
The dog owner might argue that the accident happened because the victim was trespassing on the owner’s property. Some states offer reduced liability or complete defense to liability for dog bite claims if the victim was on the property without permission. In such cases, the owner may argue that they did not owe a duty of care to the person because they were not authorized to be on the property. However, there are exceptions to this defense if the dog is known to be especially dangerous.
How Can An Attorney Help Me In a Dog Bite Case?
An attorney can be an important asset in a dog bite case, helping you navigate the legal complexities and protect your rights. Here are some practical ways a Little Rock dog bite lawyer can help after a dog bite case.
Evaluating The Strength of Your Case
An attorney will assess whether you have a strong compensation case, considering factors such as liability, the extent of your injuries, and local dog bite laws. An attorney will inform you about the applicable laws in your state and how these laws affect your chances of success.
Identifying The Responsible Party
Multiple parties can be potentially responsible after an accident. An attorney will help determine who is responsible for the dog bite. It can be the dog’s owner, the property owner where the bite occurred, or another party. They can conduct investigations to gather evidence, such as reviewing the circumstances of the attack, speaking with witnesses, and determining if the dog had a history of aggression.
Calculating Damages
It might be challenging to understand the estimated value of your case, but an experienced dog bite accident lawyer can help you know whether you have a viable claim. Your attorney will help calculate the total damages you are entitled to, including economic and non-economic damages. If your injuries require ongoing treatment or result in permanent disability, your attorney will factor these long-term costs should be factored into your claim.
Gathering Evidence
Your attorney will ensure you gather all necessary medical records, bills, and reports that demonstrate the extent of your injuries and the treatment you received. They may also recommend seeking additional medical opinions if necessary. Attorneys can obtain statements from witnesses who saw the attack or can speak to the dog’s behavior. They will gather any photos of the injuries, the location of the incident, or the dog involved, which can strengthen your case.
Dealing With Insurance Companies
Dealing with insurance companies can be one of the hardest stages of your accident claim. Fortunately, having an attorney can help you through the process of getting what you deserve.
If the dog owner has insurance, an attorney will file a claim with the insurer on your behalf. They will ensure that all deadlines are met and that you submit the proper documentation.
Insurance companies often try to settle claims quickly and for less than you deserve. An attorney can negotiate with the insurance company to secure a fair settlement that fully compensates you for medical expenses, pain and suffering, lost earnings, and other damages.
If your claim is denied or undervalued, an attorney can challenge the decision and fight for your rightful compensation.
Filing a Lawsuit
If the negotiation phase of the settlement is not fruitful, your attorney might file a lawsuit on your behalf. If a fair settlement cannot be reached through negotiations, your attorney can file a lawsuit and take the case to court. They will handle all legal paperwork, including filing the complaint, serving the defendant, and complying with court procedures.
Your lawyer will represent you in court, presenting evidence, making legal arguments, and questioning witnesses to prove the dog owner’s liability and the damages you have sustained.
Defending Against Potential Defenses
As detailed above, many potential defenses to a dog bite claim exist. You need an attorney to help stand up against these defenses to ensure justice is served in your matter.
Ensure Compliance With Procedural Rules
It is important to the life of your case to ensure that all procedural rules are followed, including the statute of limitations. Failure to follow specific procedural rules can result in your case being dismissed on technical grounds.
Maximizing Compensation
A personal injury lawyer will help maximize your compensation after a dog bite incident. Having a lawyer will help you get the full and fair compensation you deserve after an accident.
Providing Emotional Support and Peace of Mind
Navigating legal complexities can be daunting, especially when faced with defenses or settlement offers. An experienced attorney can provide the guidance and knowledge needed to make informed decisions.
Contact a Dog Bite Accident Attorney Today!
Legal representation after an accident can make all the difference when seeking financial compensation. Dog bite cases can be complex and leave you with severe and permanent injuries. You need legal representation to get your life back on track. Contact a dog bite lawyer today to ensure your legal rights are protected and that you get the outcome you deserve.