Attacks by animals, especially dogs, happen far too frequently in the United States. Even though dogs are considered one of the most loyal animals in the world and often referred to as man’s best friend, all animals are unpredictable creatures, and you never know when they might attack someone.
With the increase of pet dogs in the U.S., it isn’t surprising that more than 800,000 Americans get treatment for dog bites every year. Dog bite attacks can cause horrible injuries, including serious tissue loss, infections, scarring and disfigurement, nerve damage, amputation injuries, and even death.
If a pet dog hurts or attacks you, you can hold the dog’s owner liable for your losses. Learn in this article how you may claim compensation for a dog bite. Then, talk to a dog bite attorney in your area today for additional information and legal advice.
How Common Are Dog Bite Claims?
For example, In a recent year, California had 1,955 homeowners insurance claims involving dog bites. With its high population and large cities, California has a serious public safety issue with stray and aggressive dogs.
Insurance companies paid more than $1 billion in dog bite claims in a recent year across the US. More than one third of the all dog bite claims in the US in the same period were filed in California, Florida, Texas, New York, and Michigan.
If a dog bites you, you can have a lot of bills and other damages that prevent you from earning a living and enjoying a regular life. You should not consider paying out-of-pocket for your losses if the dog is owned by someone else. They may be required to cover your losses in a personal injury claim.
Strict Liability for Dog Bite Cases
Many states, including California, have a strict liability law protecting you from a dog bite attack. This means that a dog bite victim who files a personal injury lawsuit for compensation doesn’t need to show that the animal had bitten someone before. Nor do you need to show that the dog owner was reckless or negligent.
In strict liability states, you only need to show that a dog bit you and another person owned the animal.
While proving fault in strict liability states and receiving compensation is easier, it isn’t necessarily simple. The dog owner’s insurance company will fight the claim and reduce your compensation.
Remember that if you are in a strict liability state, you do not need to prove the owner’s negligence. You simply need to show that the dog attacked and injured you and that the defendant is the owner. Proving these things means you can receive compensation for a dog bite.
Why Hire a Dog Bite Attorney?
You probably won’t know how to handle a serious injury in a dog attack. Fortunately, a dog bite attorney can obtain compensation for your losses.
A dog bite lawyer can:
Add Value
People hurt by a dog attack may not know all of their damages and losses. They may know that they have a lot of medical bills and think that is all they can demand in a settlement claim.
A dog bite injury attorney knows all the damages you can demand from the insurance company, such as:
- Current and future medical expenses
- Current and future lost earnings, including lost earning capacity for a severe injury, such as an amputation
- Pain and suffering for the injury and treatments
- Mental and emotional anguish connected to the attack
- Loss of enjoyment of life
Your injury attorney will account for all of your full damages in the settlement.
Manage Dog Attack Evidence
In every case where another party injures a person, organized evidence builds a robust legal claim.
Important evidence in your claim that your attorney will collect and manage may include:
- Who owns the dog, and where they live
- The location of the dog attack
- Names and statements of witnesses
- Insurance information, such as the homeowner’s or renters’ policy in effect
- Photos and videos of the injuries
- Your medical records
- Financial records showing your losses
- Any correspondence with the dog owner and insurance company
- Expert testimony from doctors, economists, etc.
Other important information can be critical evidence. Your lawyer has the experience and resources to gather and interpret it.
Manage Communication
A dog bite attack starts a legal and insurance process that can be confusing for the victim.
The dog owner’s insurance company is familiar with the process, and they have that advantage over you:
- Insurance companies deal with dog bite cases every day.
- They know how to limit liability and payouts.
- They know how to deal with a dog bite injury victim and possibly get them to say something that destroys their claim (such as they provoked the dog)
- They have plenty of financial resources to use against you to limit payouts and question liability.
- They hire excellent defense attorneys to defeat injury victims’ claims
The insurance company has the edge over you. However, a dog bite lawyer levels the battlefield and will manage all communications with the insurance company. This means you won’t say or do something that hurts your case.
Settlement Negotiation
Most dog bite claims end with an insurance settlement. Going to court means filing an expensive lawsuit that can take months or years. It usually makes sense for the plaintiff to take a settlement and close the case.
Your dog bite attorney is highly skilled in settlement negotiations and will demand the most possible from the insurance company.
File a Lawsuit
Most dog bite claims settle, but an insurance company always digs in and won’t offer enough money. Or they may deny liability completely. Instead of taking a lowball offer, your dog bite attorney may advise going to court with a personal injury lawsuit.
A dog bite attorney with a stellar reputation in your area can help with the insurance company. It knows it can pay much more in a jury award so that the adjuster may increase their settlement offer.
Peace of Mind
When a person is severely injured in a dog bite attack, a lot is going on in their lives. They are usually dealing with physical and emotional recovery, trying to stay above the water financially, and confronting possible physical limitations from the injury.
A dog bite attorney lets you focus on healing, recovery, and personal affairs. Let the legal professional deal with the legal and insurance issues. It gives you peace of mind.
Potential Compensation for Your Dog Bite Injury
Many dog bite victims have massive medical bills they cannot pay. Other bills may be piled on the table, and they can’t pay them. Losing work because of the injury complicates the situation.
You may wonder how much money you can get for a dog bite injury. Every dog bite claim differs from the last.
However, several factors usually influence the amount of compensation in a dog bite lawsuit:
- The severity of your injuries. People with severe dog bite injuries, such as serious facial damage or nerve injuries, may have higher compensation than someone with a minor bite on the arm. Your case will always be worth more if you need surgery and hospitalization. You will also have a higher case value if your dog bite requires reconstructive surgery.
- The amount of medical bills: Someone with a devastating amputation injury from a dog bite may have tens or hundreds of thousands in medical bills. Their case will be worth more than someone with a bite on the arm that heals after six weeks. Some severe dog bite injuries cause serious infections, which can increase your medical bills.
- The amount of lost income: A severe dog bite injury can keep you from working because of the injury, treatments, pain and suffering, and mental anguish (such as PTSD). Your case will be more valuable than being out of work for a week. You also may receive lost earning capacity for a major dog bite injury if it prevents you from working in the future.
- Pain and suffering: A dog bite can cause pain, especially deep bites that tear out underlying tissue and muscle chunks. You also may have extreme mental anguish because of your injuries and limitations. Numerous dog bite victims have anxiety, depression, or PTSD that limits their ability to live a normal life.
- Settling or going to court: Many dog bite claims settle out of court. The benefit is getting money in your pocket faster and avoiding the uncertainty and expense of a trial. A sympathetic jury can be outraged at the case and award you more than in a settlement, but you also can lose the case. Plus, a court trial may take months or years to resolve.
- Insurance coverage: Your dog bite compensation may be limited if the dog owner has limited insurance. You can have $100,000 in damages, but you may only be able to get $30,000 if that is the policy limit.
The ideal way to understand your claim’s value is to have a dog bite attorney review the case today. They often handle dog bite personal injury claims and can tell you your claim’s settlement range.
Are There Exceptions To Strict Liability Rules In Dog Bite Claims?
A strict liability state such as California may create exceptions to the law. If any of the following apply to you, it can be difficult to obtain compensation in a dog bite claim:
- Trespassers: Dog owners are usually only liable for a dog bite injury if the victim was legally on the property. A trespasser is someone on the property without the owner’s permission. The victim probably cannot hold the dog owner strictly liable, but your dog bite attorney still might file a negligence-based claim.
- Police dogs: Victims bitten by law enforcement or military dogs cannot usually hold the government agency strictly liable.
- Dog owners only: If the person you file a claim against was only caring for the dog for the owner, they cannot be held strictly liable because they aren’t the dog owner.
- Assumption of risk: A dog owner facing a strict liability claim can argue that the dog bite victim assumed the risk of animal aggression. A common scenario is a veterinarian being bitten by a dog. However, you still may pursue a negligence claim.
- The victim was partially at fault. Filing a strict liability claim could be difficult if you provoked the dog by kicking, punching, or taunting.
Contact a Dog Bite Attorney Today
You can recover compensation if another person’s dog attacks you. You can maximize your compensation by having a dog bite attorney review your case today. A personal injury lawyer in your area can investigate your claim to determine your legal options, and there’s no charge for the consultation.
