A dog bite injury can turn your life upside down. From painful wounds to costly medical bills and emotional trauma, the effects extend through all aspects of your life. Dog bite injuries also raise crucial legal questions, like whether you can sue someone and how much your claim is worth.
If you have legal questions about dog bites, a San Diego dog bite lawyer has the answers.
The amount of compensation you can recover in a dog bite claim depends on certain critical aspects of the incident itself.
You need to know how the severity of your injuries, their impact on your daily life, and other factors contribute to the overall compensation you may receive. When you engage a lawyer to represent you, they can pursue fair compensation for your injuries.
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Common Injuries From Dog Bites
One significant factor in any dog bite claim is the extent of your injuries. Broadly speaking, the worse your injuries are, the more compensation you can demand.
Some common injuries from dog bites include:
- Puncture Wounds: Dog bites often cause puncture wounds. These are deep, narrow wounds made when the dog’s teeth pierce the skin. They are severe injuries because they create an ideal environment for bacteria to thrive, increasing the risk of infection.
- Lacerations: These are tears or cuts in the skin, often irregular in shape. They occur when a dog’s teeth drag across the skin, damaging the underlying tissues. Lacerations may require stitches for proper healing.
- Bruising and Swelling: Dog bites can result in significant bruising and swelling around the wound site. These symptoms occur due to the force of the bite and the trauma to the soft tissues beneath the skin.
- Nerve Damage: In more severe cases, dog bites can cause nerve damage. This can result in loss of sensation or function in the affected area and, in some cases, permanent harm.
- Broken Bones: While less common, strong bites, particularly from larger breeds, can break or fracture bones. This is more likely to occur in the hands, arms, or legs.
- Scarring: Almost all dog bites leave some form of scarring. The severity of scarring depends on the depth and location of the bite, as well as how well it heals.
- Rabies and Other Infections: Dogs can carry rabies and other bacteria in their saliva. If a dog has not received a rabies vaccine, they can transmit diseases like rabies or cause infections at the wound site.
Other Effects of Dog Bite Injuries
While dog bites can cause severe physical injuries, their effects frequently go beyond the physical to affect people’s mental health and financial well-being.
Including these effects in a personal injury claim can significantly increase the compensation one can recover. Some of the non-physical effects of a dog bite include:
Emotional Distress
Victims of dog bites frequently experience emotional distress. This can include anxiety, depression, and a persistent fear of dogs.
Such emotional turmoil can disrupt daily life, making everyday activities like walking outside or interacting with pets stressful.
Trauma and PTSD
In some cases, dog bite incidents can lead to Post-Traumatic Stress Disorder (PTSD).
Symptoms may include flashbacks, nightmares, insomnia, depression, and severe anxiety. This condition can significantly affect a person’s ability to function normally in social and work environments.
Financial Strain
Dog bite injuries often lead to unexpected medical expenses, which can be a significant financial burden. This strain can worsen if the injury prevents a victim from working, leading to lost earnings and additional stress.
Social Withdrawal
The trauma from a dog bite can lead some individuals to withdraw socially. They might avoid situations where dogs are present or become more isolated due to their anxiety and fear or even a disfiguring bite scar, affecting their relationships and social life.
Reduced Quality of Life
Overall, the non-physical effects of a dog bite can significantly diminish a person’s quality of life. Enjoyable activities might become sources of fear, and the emotional toll can affect personal relationships and self-esteem.
Critical Factors in the Value of a Dog Bite Claim
A dog bite injury claim’s worth depends on many factors, not just the injuries you sustain. Considering all these factors can help you estimate how much compensation you could recover if you win your case.
The elements that influence the value of a dog bite injury claim include:
- Severity and Nature of Injuries: The more severe your injuries, the higher the potential compensation. This includes the extent of physical damage, the need for surgery or long-term treatment, and the presence of permanent scarring or disfigurement.
- Medical Expenses: Compensation from a dog bite claim often covers all medical costs related to the dog bite. This includes hospital bills, medications, physical therapy, and any future medical treatments required due to the injury.
- Lost Income and Earning Capacity: If the injury causes you to miss work, you can pursue compensation for your lost income. In cases where the injury affects your future earning capacity, compensation may include money for your reduced ability to earn a living.
- Pain and Suffering: This includes compensation for the physical pain and emotional distress the dog bite caused. It’s a subjective measure and can vary greatly depending on the individual circumstances.
- Impact on Daily Life: If the injury affects your ability to perform daily activities or enjoy hobbies and pastimes you once did, your compensation may include money for this loss in your quality of life.
- Owner’s Liability and Negligence: The dog owner’s responsibility, and in some states, any negligence on their part plays a crucial role in determining compensation. Examples of dog owner negligence include not adhering to local leash laws or not keeping the dog in an enclosure despite knowing about its aggressive tendencies.
- Insurance Coverage: The dog owner’s insurance policy limits can also influence the compensation amount. Some policies have caps that limit the payout, regardless of the injury’s severity.
- Legal Representation and Jurisdiction: Your legal representation and the jurisdiction where the incident occurred can affect the claim’s outcome and the amount of compensation you obtain. Different states have varying laws regarding dog bites and owner liability.
How Much Is a Dog Bite Claim Worth?
The total amount you can demand in a dog bite injury claim depends on the value of your compensable losses.
With help from an experienced and capable attorney, you can pursue compensation for:
- Medical bills
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Diminished quality of life
How Do You Sue a Dog’s Owner After a Bite?
Different states have different laws concerning what precautions dog owners must take to protect the public and when they bear responsibility for a dog’s actions. For example, most states say that if a dog attacked you on its owner’s property and you did not have permission to be there, you can’t sue the dog’s owner.
On the other hand, most states or cities have laws banning dogs from running at will through neighborhoods because of the potential for severe injuries, especially to children and older adults.
Another common issue in dog bite claims is what state laws say about negligence. Some states say that a dog’s owner is strictly liable for the dog’s actions in most circumstances. That means you may not have to prove the dog’s owner knew or should have known the dog was dangerous to recover compensation.
The more common rule in many states is that a dog’s owner is strictly liable for the dog’s actions if the dog has bitten someone before. Lawyers often call this the one-bite rule. That term is somewhat misleading because you don’t necessarily have to show a dog previously bit someone to claim compensation.
An attorney can help you argue that a dog’s owner should have known it was dangerous even if it had not bitten someone previously. This strategy allows you to circumvent the one-bite rule, assuming you have enough evidence to back up your claim.
The bottom line is that suing a dog’s owner after an injury is not easy. To give yourself the best chance of recovering the money you need, hire an experienced attorney to guide you through the legal process.
Is There a Cap on Compensation in Dog Bite Claims?
State laws typically determine how much compensation you can demand in a dog bite claim and if any limits on that compensation exist. Most states do not limit your compensation for economic losses. Those are the specific, fixed expenses related to your injuries, such as medical bills, lost income, and reduced earning capacity.
Some states limit your compensation for non-economic losses. These are intangible losses that include your pain and suffering, emotional distress, and any decrease in your daily quality of life from the dog bite.
Many states have laws capping compensation for non-economic losses. Alternatively, some states say compensation for non-economic losses cannot exceed a certain multiple of your economic losses (for example, no more than five times your economic losses).
Finally, most states allow punitive damages. Unlike most of the compensation from a personal injury claim, punitive damages do not make up for a loss you have suffered. Instead, a judge or jury will award punitive damages to punish the liable party and deter others from engaging in similar behavior.
How to Protect Your Rights After a Dog Bite
After starting medical treatment, your top priority after a dog bite is to protect your legal rights. Taking the proper steps immediately after the incident can significantly affect the outcome of any potential legal claim.
Here’s what to do.
- Document the Incident: As soon as you can, write down everything you remember about the incident. Include the date, time, location, and circumstances leading up to the bite.
- Report the Incident: Report the dog bite to local animal control or the police. This creates an official record of the incident, which can help in any legal proceedings.
- Gather Medical Records: Keep all medical records and receipts related to the treatment of your injury. This includes emergency room visits, doctor appointments, medications, and other related expenses.
- Photograph Injuries: Take clear photos of your injuries as soon as possible after the bite and throughout the healing process. This visual evidence can help demonstrate the severity of your injuries.
- Follow Medical Advice: Adhere to all medical advice and treatment plans. An insurance company could use your failure to follow medical guidance to suggest your injuries are not as severe as you say.
- Avoid Discussing the Incident on Social Media: Refrain from posting about the incident on social media platforms. The dog’s owner or an insurance company can use anything you post against you.
- Consult an Attorney: Consider consulting a lawyer who has experience with dog bite cases. They can guide you through the legal process and help maximize your compensation.
- Do Not Settle Prematurely: Avoid accepting quick settlement offers from insurance companies before fully understanding the extent of your injuries, losses, and rights.
How Much Does a Dog Bite Lawyer Cost?
Some people worry about hiring an attorney for a dog bite claim because they have concerns about the cost. The good news is that most dog bite lawyers do not charge any upfront fees.
They only get paid if you win your case, and their compensation comes as a percentage of whatever insurance settlement or jury award you receive. That way, you can let your attorney handle your case while you focus on your medical treatments, fully confident that you have an experienced advocate protecting your interests.
Deadline to File a Dog Bite Lawsuit
Each state has a law called a statute of limitations that sets the deadline for filing a dog bite injury lawsuit. Some states give you up to four years to file a lawsuit, while others say you must file within a year or two.
What you need to know is that if you miss the deadline, you lose your chance to recover compensation through the courts. Consulting a personal injury attorney immediately after a deadline can help you avoid deadline issues and maximize your potential compensation.
Ashley Rae Rawlins
Founder and CEO - Rawlins Law Accident & Injury Attorneys, APC
Personal Injury Attorney
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