Can I Claim Compensation for a Dog Bite?

Can I Claim Compensation for a Dog Bite? A dog attack can cause more difficulties than you may initially expect. Dog bites can lead to serious injuries, a high risk of infection, and, in many cases, long-term suffering. After suffering a dog bite, it's important to seek the help of a dog bite lawyer to determine whether you can get fair compensation for the damages you may have suffered. Can you claim compensation for a dog bite? In many cases, yes.

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Strict Liability Dog Bite Laws

Many states like California have strict liability dog bite laws that hold a dog’s owner liable for any damages caused by a dog bite. The dog’s owner bears responsibility for controlling the dog and any failure to control the dog properly can make the dog’s owner liable for any damages the dog causes.

The dog’s owner bears liability in public and private places where the victim has the legal right to enter.

In public, dog owners need to control their dogs. Depending on location, dog owners may need to ensure that they leave their dogs on leash, unless in a specific off-leash dog park, and that the dog remains under the control of a competent individual. In many cases, that may mean that dog owners should not let their children hold the leash since they may struggle to control dogs out in public properly. Dog owners may have the right to let their dogs off-leash on their private property or the private property of others with permission. However, dog owners may still need to carefully control their dogs, including using an adequate fence to keep them inside that private property or ensuring that the dog does not have any way to reach people that the dog might attack. When visitors come to that private property, they may need to receive an adequate warning about the dog, or the owner may need to keep the dog away from visitors to reduce the risk of an attack.

It does not matter if the dog has been bitten in the past or has a history of vicious behavior.

In states with strict liability dog bite laws, it does not matter if the dog has a history of biting. After the first bite, dog owners may realize that the dog may have a dangerous temperament or has a high risk of causing damage again in the future. However, dog owners bear responsibility for their dogs’ dangerous or damaging actions, even in cases where the dog has not been bitten in the past but decides to attack someone. After two bites, however, the dog owner may have additional responsibilities when properly containing the dog, including ensuring that the owner has reasonable restraints to help prevent the dog from attacking anyone else. In cases where the dog has caused a substantial injury or was killed, the dog may end up removed from a specific area or even, in some cases, put down.

Trespassers may not have the right to pursue compensation for dog bites.

While the law does state that people who have suffered dog bite injuries have the right to pursue compensation any time they suffer injuries in a dog attack, it also notes that trespassers may not have the right to pursue compensation. Trespassers include those who may illegally enter private property, including those that may enter private property to attack or steal from the owner.

Compensation You Can Obtain for Dog Bites

You can incur high medical costs and several other potential bills when you suffer injuries due to a dog attack. To ensure that you can maximize the compensation you can recover for those attacks, you may need to work with a lawyer to calculate the damages and make sure that you have included all relevant damages as part of your claim.

Compensation for Your Medical Costs

Many injury claims will start with a look at your overall medical costs. Dog bites can lead to significant injuries. Most of the time, dog bites start with puncture wounds from the teeth. However, the force of the jaw can also lead to crushing damage, which may mean broken bones or damage to muscles, ligaments, and tendons. More severe dog attacks, including attacks when the dog shoves the victim to the ground, can result in more serious injury, including brain injury or severe bruises and lacerations. Work with a lawyer to calculate all the medical costs you may have had to pay after a dog attack. Make sure you include all relevant medical bills.

• Emergency medical care. A trip to the emergency room can cost hundreds or even thousands of dollars, depending on how the incident occurred. You might have the right to pursue compensation for ambulance transport and the trip to the emergency room itself if you needed ambulance transportation to reach the hospital safely.
• Hospitalization. Some dog attacks can lead to long-term hospitalization, especially if you have sustained severe injuries.
• Surgery. Some dog bite patients may require surgical intervention due to the damage sustained in the dog attack. Surgical intervention may also include cosmetic surgery to restore normal appearance after alterations caused by a dog attack.
• Physical therapy. If a dog attack results in severe injuries, patients may require physical therapy to help them regain strength and mobility in the affected area of the body. Physical therapy may prove particularly necessary if the bite occurs around a joint or if the patient suffers any injury to the structure of a limb during the dog attack.
• Medications. Dog bites have a high risk of turning into an infection, which means that you may need antibiotics to help treat those symptoms. You may also, in some cases, need treatment for possible rabies.

Talk to your lawyer about your medical needs after the dog attack and how you can best include them in a comprehensive injury claim.

Compensation for Wages Lost

A dog attack can keep you out of work, depending on your injuries. Sometimes, that may mean only a short period out of work: a couple of days to recover from your injuries and return to the job. In other cases, however, you may need to spend weeks or months out of work in recovery. That recovery period can mean a considerable decline in your overall income. Not only do you have to worry about the initial recovery period after your dog attack, but you may also need to miss more time at work for follow-up appointments, physical therapy, or additional procedures, including plastic surgery, that you may have needed to recover from your injuries. Talk to your lawyer about the time you may have missed at work and why. Your lawyer can help you better understand how that lost time at work might break down and how to ensure you include it as part of your claim.

Compensation for Pain and Suffering

A dog bite can cause considerable pain and suffering. You may lose the use of the injured limb temporarily, which can lead to a considerable loss of independence while you recover from your injuries. Furthermore, a dog bite may result in psychological challenges, including PTSD or an increased risk of anxiety around dogs or in situations similar to the one that led to the dog attack. You can include compensation for your pain and suffering as part of your injury claim. Pursuing compensation for your suffering may not eliminate that suffering, but it can help you rebuild your life in the aftermath of the considerable injuries that can go along with a dog attack.

Get documentation about the dog.

After a dog attack, you should report the attack to the dog’s owner and the police. The police can ensure that animal control gets contacted, if necessary, to take a dangerous dog off the street and ensure that you have all relevant documentation. You may need to check to ensure the dog has received all necessary shots and immunizations, including the rabies vaccine, to decrease the odds that you will need treatment for rabies or other devastating conditions. Documentation about the dog will also let you know who owns the dog and, therefore, who you need to contact to pursue compensation for your injuries.

Contact a lawyer.

As soon after the dog attack as possible, get in touch with a personal injury lawyer that specializes in dog attacks and can provide you with more information about your rights, including your right to compensation. A personal injury lawyer can help you collect evidence about the attack, including establishing where and how your injuries occurred and who owns the dog, especially if any questions arise about dog ownership.

Document your medical bills and ongoing medical needs.

Keep track of all the medical costs associated with a dog attack. It can prove all too easy to lose track of the bills that may pile up after a dog attack, especially if you fail to consider all the medical appointments you may need to attend. Start a specific file that details all medical costs you may have had to deal with. For example, if you have multiple follow-up appointments with your care provider, you may need to pay a copay at each appointment. However, you may quickly lose track of how many appointments you have attended. Furthermore, keep track of all your medical records and what types of treatment you may have needed. Did you have to go to physical therapy after your accident? Did you need to spend time in the hospital or seek other medical care? If so, you may need to document those needs to ensure that you include them as part of your claim.

Follow your care provider’s recommendations.

Do not ignore any instructions issued by your care provider, including the treatments you may need to help you recover and any steps you may need to take to avoid further injury. Your care provider may have highly specific recommendations regarding all of your behaviors. Failure to follow those instructions could make it difficult for you to recover from your injuries fully.

Let your lawyer deal with the insurance company or dog owner.

Dog bite claims often go through the dog owner’s property insurance or renters insurance policy. Those policies can provide more protection than an individual dog owner. Do not deal with the dog owner or the insurance company directly. Instead, let your lawyer deal with those interactions. A lawyer can help better understand how much compensation you can recover and how to deal with the insurance company. Do not let the dog’s owner pressure you into accepting compensation from him directly instead of going through the insurance company before you have discussed your needs with your lawyer.

Did You Suffer Dog Attack Injuries?

If you suffered injuries in a dog attack, a lawyer can manage your claim and maximize your compensation. Contact a personal injury lawyer in San Diego as soon after your accident as possible.

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