Just about everyone loves dogs, and the vast majority of dogs love us back unconditionally. Unfortunately, there are instances where a dog will attack, resulting in a painful dog bite and the potential for legal action.
Contact an injury attorney immediately if you've suffered an injury in a dog bite incident. A San Diego dog bite lawyer can protect your rights and work to ensure you receive fair compensation for the misery you're experiencing. The following is a look at some steps after a dog attack. Taking these steps can protect your health as well as your legal case.
Schedule A Free Case Evaluation Today!
Seek Medical Attention
If you haven't seen a doctor, please do so immediately. You might risk a potentially severe infection even if you think the bite is minor. Check the wound for signs of swelling, redness (especially red streaks from the dog bite), or puncture marks. Get medical help immediately if the bite broke the skin or you have any reason to believe it's infected.
Always keep the wound clean. Use an antiseptic ointment and cover the wound with a clean bandage.
Document the Incident
Once you've received medical attention, the next step will be to document what happened thoroughly. This documentation will serve as the foundation for any potential legal proceedings.
First, record the dog attack's date, time, location, and the circumstances surrounding the incident. The more thorough your documentation, the more credible your case will be.
Next, get as much information regarding the dog and owner. Note the dog's breed, size, and any distinctive markings. Try to get the owner's name, address, email, and phone number. Ask the owner to provide the dog's vaccination and licensing status. This information will be critical to assessing potential health risks associated with the bite. It can also help establish the owner's liability.
Finally, please don't forget to take photographs of your injury. This visual evidence will provide a clear representation of the bite's severity. It can be valuable when pursuing a legal case.
Report the Incident to Authorities
You might be hesitant to report the dog bite to animal control, but doing so will help protect others. If the dog is dangerous, authorities must take the necessary steps to keep the animal from attacking someone else. Also, an official incident record will be essential to your case.
When reporting the attack, give authorities the information you documented (the owner's name, information about the dog, the circumstances surrounding the attack, etc.).
Follow Your Doctor's Treatment Plan
You must take your doctor's advice and stick to their treatment plan to fully recover from the dog bite. Regularly attending follow-up appointments will be essential to ensure proper healing and address any potential complications.
Medical professionals often prescribe antibiotics to prevent or treat infections. Your doctor may recommend a tetanus shot or suggest other treatments. Please don't ignore their recommendations. Following the plan will help minimize future health risks.
In addition, keep detailed records of all medical bills, prescriptions, and other treatment-related expenses. These records will serve as critical evidence of the dog bite's financial impact and will be instrumental in your pursuit of compensation.
Hire a Dog Bite Lawyer Immediately
Hopefully, the dog owner will do what's responsible and be cooperative. But even if they are, that doesn't mean their insurance company will provide the compensation you deserve. If that happens, you'll need a dog bite attorney to fight on your behalf.
An experienced dog bite lawyer can guide you through the complexities of your case and work to resolve any disputes. Your attorney will utilize their profound knowledge of the law to ensure you achieve a favorable outcome.
During your consultation with the attorney, they'll ask for the details of the accident. You'll provide those details and present your evidence. This initial meeting will provide insight into the lawyer's approach and enable them to assess whether you have grounds to pursue legal action.
Some of the many other ways your dog bite lawyer can help include:
Determining Liability for Dog Bite Injuries
Dog owners often face liability if their pet bites someone, whether or not they know the dog is vicious. Most states no longer follow the "one-bite rule," where injury victims must prove the owner either knew the dog was prone to biting people or was negligent because they didn't know. Instead, most hold dog owners strictly liable for the harm their dogs cause.
However, dog bite cases can be complicated – as can most personal injury cases. For example, what if someone other than the owner was walking the dog when the attack occurred? It's possible the injury victim can file a lawsuit against the person responsible for the animal. The victim must show that the person failed to take reasonable steps to keep the dog from biting.
Non-attorneys aren't prepared to deal with these and other complexities associated with dog bite cases. But seasoned lawyers know how to handle whatever complications arise.
Fighting Potential Dog Bite Defenses
Another reason to hire a dog bite lawyer as soon as possible is that the at-fault party in your case (the owner or whoever else was responsible for the animal at the time of the attack) will vigorously defend themselves. These are just some of the strategies they'll likely use.
- You were negligent – The defendant may say you did something to provoke the dog. They can claim, for instance, that you startled the dog on purpose, so you should bear the responsibility for your injury.
- You were trespassing – Most state laws state that a person must lawfully be on another's property to be eligible for damages should something happen to cause an injury. The defendant can assert that you lacked an invitation, arguing that you had no legal justification to be present. In other words, they can say you were trespassing, so they shouldn't be liable for your injury.
- The owner displayed warning signs – The owner might say they're not responsible for the attack because they had a "Bad Dog" sign prominently displayed on their property. Under many state laws, owners aren't liable when displaying this sign unless the victim is six or younger.
Whether the defendant uses these or any other defense strategies, a skilled dog bite attorney can defeat them. Your attorney can use evidence, professional testimony, witness statements, and other tools to make a compelling case.
Pursuing Compensation for Your Damages
When you hire a dog bite lawyer, you'll do so to recover the financial losses you've incurred due to your injury. These losses, in legal terms, are known as damages. Understanding the damages available in your case is essential to pursuing justice. Additionally, recognizing that the scope of damages extends beyond immediate medical expenses. By delving into the specifics of the damages applicable to your situation, you empower yourself to build a robust case for comprehensive compensation for the various facets of your injury-related hardships. These damages include the following:
Economic Damages
You've had to undergo medical treatment, possibly including surgery and a hospital stay. More than likely, you're also taking medications for pain and to ward off infection. You cannot return to work for days or weeks if your injury is severe. Your paychecks have stopped because you've exhausted your vacation and sick days.
All the above are examples of economic damages. Medical expenses and lost income can quickly accumulate, causing significant stress and uncertainty. Your dog bite attorney will use your hospital bills, prescriptions, and pay stubs to show how much money you're losing due to the dog bite.
You're eligible for not only your current economic damages but also future damages. You may, for instance, require extensive medical treatment for years. This treatment may involve upcoming procedures aimed at facilitating your recovery. You can also need physical therapy and possibly an assistive device, such as a wheelchair or a cane.
If you suffer an injury and cannot return to your regular job, you might have to accept another position that doesn't pay as much. A skilled dog bite attorney will consider these future damages when determining how much to demand from the at-fault party's insurance company.
Non-Economic Damages
Not all damages are tangible. There are others that you can't prove by producing paperwork. These are intangible or non-economic damages. You need a skilled dog bite lawyer to prove them.
One example is pain and suffering resulting from your severe injury. You deserve compensation for the pain you've experienced and will continue to experience. If the injury has robbed you of the ability to pursue the activities you love, you can also qualify for lost quality of life damages.
The aftermath of a dog bite can also lead to significant mental and emotional issues. You can pursue emotional distress damages if you're going through anxiety, post-traumatic stress disorder (PTSD), or some other psychological issue.
Negotiating a Settlement
Once your dog bite attorney calculates all of your damages, they'll send a demand letter to the negligent party's insurance company spelling out what you deserve. The insurer will likely counter with a different number. This counter will serve as the basis for settlement negotiations.
A good dog bite lawyer is skilled in negotiating with insurers. They always base their arguments on solid evidence backed by thorough research and accurate documentation. Effective attorneys always maintain their composure, knowing that negotiations can be prolonged and sometimes frustrating. They're also flexible enough to compromise to expedite a mutually acceptable resolution.
Know What to Expect if Your Case Goes to Court
The chances are that your dog bite lawyer will convince the negligent party's insurer to offer a fair settlement. This settlement will pay for all your economic and non-economic damages. There are, however, instances where an insurance company will go to court rather than settle. If that's the case, you should know how the process works.
A dog bite lawsuit typically involves the preparation and filing of documents. The court establishes strict deadlines for these documents. Failing to meet them can jeopardize your case. This is one of the many reasons you should choose a dog bite attorney with experience in taking cases to trial.
Both sides will present their arguments for and against your case during the trial. Your attorney will probably bring in specialists to testify about how the accident occurred and the impact it has had on your life. These professionals can explain the technical aspects of your case in clear, easy-to-understand terms. They can often determine whether or not an injury victim will achieve a positive outcome.
Don't Be Afraid to Ask for Help
A dog bite can be a traumatic event, one that can have consequences for a victim's mental health for years. If this happens to you, seeking emotional support from friends and family will be essential to recovering. Share your fears, concerns, and feelings with those you trust to help process the emotional impact.
Counseling or therapy may aid you in navigating the emotional aftermath of the attack. A mental health professional can provide coping strategies, support, and a safe place for you to express the emotional challenges you face.
Managing the psychological impact of a dog bit incident can be just as critical to your emotional and mental recovery as following your doctor's treatment plan is for your physical recovery. Acknowledging and addressing your fear and anxiety can help more than you imagine.
Please Speak With a Dog Bite Attorney ASAP to Protect Your Rights
Other than getting medical help, there's no more essential step you can take than speaking with a skilled, seasoned dog bite lawyer as soon as possible. A personal injury attorney will provide your only realistic chance of getting the money you deserve for everything you've endured.
Do some research to find the best dog bite attorney for your case. Speak to three or four attorneys to get a feel for who is best suited to protect your interests. Talk to previous clients, if possible, to find out what they thought of the legal representation they received. Once you decide, be confident and focus on recovering physically and emotionally.
