Each year several adults and children are injured and even killed by dogs. Undoubtedly, dogs are beloved animals that several people have in their homes as pets and for security reasons. However, sometimes we forget that their behavior is based on instincts rather than logic like humans.
Although we can predict our dog's behavior, it could be challenging to predict the behavior of a strange dog, and that is how most bites happen. If this happens to you, many questions will cross your mind, including "can I sue after a dog bite?."
The answer to this question is "yes," but most people are unaware of their civil rights. To better understand your legal options after a dog bite injury, continue reading this article.
Crucial Steps to Take Immediately After a Dog Bite
According to section 3342 of the Civil Code, dog owners are strictly liable for their dog bites. That means the dog owner will be liable for the injuries and losses you will incur when their dog bites you, even if they were unaware of their dog's tendency to attack or bite people.
Even if your dog bite injury is minor, you could have a viable compensation claim against the pet owner or perhaps their home insurance provider to recover damages for your losses resulting from the injury.
Below are crucial steps you should take immediately after a dog bite injury to stand a chance of achieving maximum compensation for the losses you will incur as a result of the injury:
Identify What Type or Breed of the Dog it is
Undoubtedly, some breeds of dogs are more dangerous and vicious than others. For instance, a pit bull is an inherently dangerous dog breed because it can lock its jaws like a crocodile after biting its prey. Because of this, you are likely to suffer severe and life-changing injuries like bone breakages and severe tissue loss when it bites you, which can affect the quality of your life forever.
To that end, it is wise that you note the physical characteristics of that dog that mauled a piece of your flesh to make it easy to identify it later with the help of appropriate animal experts.
Collect Vital Information that Can Strengthen Your Claim
Typically, a dog bite claim can be more complex than you can imagine. To protect your interests after a dog bite, you should begin collecting or gathering information that can support and strengthen your compensation claim. Here is what you can do to preserve your interests after a dog bite:
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Take pictures of your injuries
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Know the name, contact information, and home address of the dog owner
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Talk to an eyewitness and politely ask for their contact information just in case you need their testimony in court
Seek Medical Attention Right Away
A dog bite can result in serious injuries, including nerve damage, bone breakages, lacerations, severe tissue loss, amputations, and many more life-changing injuries. Even if you feel okay after a dog bite, it is wise to seek medical attention right away because the injury can worsen if it remains untreated.
Ensure you preserve a medical journal or diary for all the medical treatment you will receive after a dog bite injury. You will need this information as evidence to prove your medical expenses since the date you started medical treatment for the dog bite injury.
Speak to a Dog Bite Attorney
Find an attorney with significant experience on dog bite claims because these specific types of claims are different from other personal injury claims. A reliable attorney will quickly investigate your case as soon as you contact them when the eyewitness memories are fresh to build a claim that will help you achieve maximum compensation for your losses resulting from the dog bite injury.
Most people do not know they have a right to adequate compensation after a dog bite. As a dog bite victim, you have a legal right to fair and adequate compensation for all your losses resulting from the dog bite injury. The attorney you will hire will keenly review your case and advise you on the appropriate cause of action to take against the dog owner or the liable party.
Potential Liable Parties on Your Dog Bite Injury Case
To obtain your compensation for a dog bite injury, you must identify the liable party in your case. As mentioned above, all dog owners are strictly liable for the injuries that their dog causes. However, under certain circumstances and situations, the following parties could also be liable for your injuries under Civil Code 3342:
The Landlord
A landlord of a particular property or apartment could be liable for your losses resulting from the dog bite injury if they allowed the dog to remain there despite knowing that it has a history of attacking people or viciousness.
Typically, a landlord bears the legal responsibility of ensuring their tenants are safe and free from dangerous conditions, including a dangerous dog. Even if the establishment where the dog bit you was a commercial property, the landlord could be liable for your losses resulting from the dog bite injury.
The Homeowner's Insurance Provider
There are several instances where the home insurance provider of the dog owner could also be liable for your dog bite injury and damages arising from the injury, for example, medical expenses. Although this insurance policy has its limits, meaning it could fail to provide you with adequate compensation for your losses, it is wise to determine whether the dog owner has this type of insurance cover or not.
The Person "Harboring" the Dog
If someone was harboring or taking care of the dog while the lawful owner was out of city or state, they could also be liable for your damages resulting from the dog bite injury. Your attorney will help you determine or identify the liable party to sue for your damages resulting from the dog bite injury.
Statute of Limitations for Filing a Dog Bite Lawsuit
If you intend to file a dog bite lawsuit, it probably means that you have not received any settlement offer after sending a demand letter to the liable party. In that kind of situation, you have no other choice other than to sue them for adequate compensation that you deserve for the dog bite injury.
If you want to file a dog bite lawsuit, you should remember that time is of the essence. Like any other personal injury case, there is a statute of limitations (time deadline) for filing a dog bite lawsuit, which begins to run on the date the bite occurs.
Typically, the statute of limitations for filing a dog bite lawsuit is two years. If you fail to file your lawsuit within these two years, you could fail to recover your damages even if you were unable to identify the dog owner during that period. The purpose of this strict time deadline is to force dog bite victims to file their lawsuits while the evidence and eyewitnesses' memories are still fresh.
If you want to pursue your damages for a dog bite injury, you should contact a reliable attorney on time. Seeking the services of an attorney days before the expiry of the statute of limitations can make it challenging to file a strong lawsuit to achieve maximum compensation for your losses resulting from the dog bite injury.
How to Prove Liability on Your Dog Bite Claim
To prove that you deserve compensation for the dog bite injury under Civil Code 3342, your attorney will bear the burden of proving the following facts to the judge using clear and convincing evidence:
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The Defendant Was the Legal Owner of the Dog that Allegedly Bit You
According to Civil Code 3342, dog owners are strictly liable for the injuries that their pet causes, even if they didn't have a reason to believe that it was vicious or dangerous. Therefore, to secure your damages under this statute for a dog bite injury, your attorney must prove that the alleged dog legally belonged to the defendant.
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When the Alleged Dog Bit You, You Were Lawfully in a Public Place or Private Property
The court will expect your attorney to prove this fact using "preponderance of evidence" because if you were trespassing on the defendant's property, they would not be strictly liable for your dog bite injuries and other losses associated with it. For the sake of Civil Code 3342, a public place could be any of the following places (but not limited to):
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Stores or malls (during open hours)
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Sidewalks
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Parks
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You Sustained a Harm Due to the Dog Bite
Any photograph or video you have on your phone showing the dog bite injury will come in handy when proving this fact to the court for an award of adequate compensatory damages. Ensure you hand over this crucial evidence to your attorney ahead of time to prepare a strong case against the liable party.
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The Dog Bite Was a Significant Contributing Factor to the Injury or Harm
For an award of compensatory damages for a dog bite injury, your attorney must have viable evidence to prove that your injury was actually due to the alleged dog bite. Even if you had a pre-existing injury that has become severe due to the dog bite, you could be eligible for maximum compensation under Civil Code 3342.
However, your attorney must prove that the dog bite was a significant contributing factor to the severity of that pre-existing injury. As you can see, a civil lawsuit for a dog bite injury can be much more complex and confusing than you think.
To increase your chances of attaining maximum compensation for your dog bite injuries and other losses associated with the injury, you should have an attorney in your corner. An experienced attorney who understands how judges treat these specific types of claims can help you fight for the best possible results on your unique dog bite case.
Potential Damages You Could Recover in a Dog Bite Compensation Claim
Although most dog bite claims will settle out of court through negotiation between you and the dog owner, some cases will require a judge's intervention. To increase your possible chances of achieving adequate compensation on your dog bite claim, you should seek an attorney's legal guidance before filing a civil lawsuit against the dog owner or their home insurance provider.
If everything goes in your favor on the dog bite lawsuit, you will receive compensatory damages for the following types of losses:
Medical Expenses
The most obvious loss resulting from a dog bite injury is medical costs, including bills for physical therapy, doctors, medication, hospital, and necessary medicine to help you heal. Even if the dog bite injury aggravated an existing medical condition, you would receive compensation for all the losses you will incur on medical bills.
If you win your dog bite lawsuit against the dog owner or the liable party, they will be responsible for all your medical expenses. Ensure you provide your attorney with your medical journal, highlighting all your medical treatment costs to help them prove you deserve adequate compensation for your medical expenses.
Pain and Suffering
It is undoubtedly true, a dog bite or mauling comes with a lot of pain and suffering, including physical, emotional, and mental suffering. Emotional distress is often due to the extensive medical procedures and physical pain associated with treating a dog bite injury.
Lawmakers also acknowledge that a dog bite victim is also likely to have a debilitating dog phobia, which can cause depression, sleeplessness, anxiety, and other psychological problems. A successful dog bite claim will also include compensation for non-monetary losses like pain and suffering you will experience in the aftermath of a dog bite.
Lost Income and Lost Earning Capacity
If you had a non-paid break from your work to seek treatment for the dog bite injury, the dog owner should pay you damages for the lost wages if you win your claim against them. Sometimes a dog bite injury can also affect your ability to work and secure future income.
Fortunately, if you win your dog bite lawsuit against the dog owner, you will receive compensation for the lost earning capacity or future income.
Loss of Consortium
When your spouse dies due to the dog bite injury, you would also be eligible for compensation for the loss of consortium or companionship. Under wrongful death laws, you could also receive compensation for the monetary losses associated with your loved one's funeral.
Punitive Damages in a Dog Bite Claim
Although they are not always available, you could receive punitive damages on your dog bite injury case. The court can award you punitive damages if your attorney can prove that the dog owner or the defendant's behavior or conduct was:
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Despicable
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Malicious
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Fraudulent
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Oppressive
In short, you would receive punitive damages if your attorney can prove using clear and convincing evidence that the dog owner acted with disregard to your safety and health. The primary purpose of an award of punitive damages in a dog bite lawsuit is to punish the defendant and deter other people from this kind of malicious behavior.
How Do I Find a Reliable Attorney for My Dog Bite Claim?
After a dog bite injury, you will need an attorney to help you build a compensation claim against the liable party while concentrating on your treatment and healing. To narrow down your options when searching for an attorney to hire after a dog bite injury, you should consider the following factors:
The Attorney's Experience
Take enough time to find an attorney with significant experience on these specific types of injury claims. Although a dog bite is a personal injury case, not every personal injury attorney has the relevant court experience with these particular types of claims.
Look for an experienced attorney who is willing to take your dog bite claim to court and fight for your rights to achieve adequate compensation for your losses resulting from the dog bite injury.
The Attorney's Reputation
To have a hint of your prospective attorney's reputation, you should visit their social media profiles and website ahead of time to review their past client reviews and comments about their services. If they have successfully helped other clients with similar claims achieve maximum compensation for a dog bite injury, they will also help you achieve the possible outcome.
If you have a relative or a friend who has had a similar dog bite claim in the past, you can ask them for recommendations to find a reputable attorney without a hassle.
The Attorney's Cost of Services
Most dog bite attorneys are willing to work on a contingency fee basis, meaning they will subtract their legal fees from the total compensation they will recover from your claim. That means you do not have to worry about paying them using out-pocket money once your case is over, even if the lawsuit is unsuccessful.
Ensure you discuss payment options with your prospective attorney before you make any commitment with them because not every attorney will be willing to work on a contingency fee basis.
Find a Dog Bite Injury Attorney Near Me
Credible attorneys at Orange County Personal Injury Attorney are ready to evaluate your case to help you fight for a maximum compensation award for your losses resulting from a dog bite injury, including long-term therapy costs.
We invite you to call us at 714-876-1959 to discuss your dog bite injury case with our experienced attorneys for an aggressive legal representation in this tricky and confusing field of civil law.
