Dog ownership is a beloved part of many households, providing companionship and joy to millions of families across the country. However, as much as we love our furry friends, dog bites can happen, and the consequences can be severe. Frequently, dog bites may require stitches and rabies vaccination, and may cause psychological injuries and emotional distress. Dog bites often result in scarring, which can last a lifetime. If you or someone you know has been bitten by a dog, you might be wondering, “Do I need a dog bite attorney?”. In this blog post, we’ll explore the factors that determine whether you should seek legal representation and provide helpful links to guide you through the process.
Factors to Consider:
- Severity of the Injury
The extent of your injury is a critical factor. If you’ve sustained minor scratches that require minimal medical attention, you may not need an attorney. However, if the dog bite resulted in significant injuries, such as deep wounds, infections, scarring, or fractures, it’s wise to consult with an attorney. Serious injuries often involve substantial medical bills and long-term consequences, which an attorney can help you address.
- Liability and Negligence
Determining liability is crucial in dog bite cases. If the dog owner’s negligence or violation of leash laws contributed to the incident, you may have a strong case. An attorney can investigate the circumstances and assess whether you have grounds for a claim.
- Insurance Coverage
The dog owner’s insurance coverage plays a significant role. Homeowners or renters insurance policies often provide coverage for dog bite injuries. An attorney can help you navigate the insurance claims process and negotiate with the insurance company on your behalf.
California has specific laws that govern dog bites and the liability of dog owners. Understanding these laws is essential if you’ve been bitten by a dog or if you’re a dog owner. Here’s an overview of California’s dog bite laws:
- Strict Liability
California follows a strict liability approach when it comes to dog bite cases. This means that a dog owner is typically held responsible for any injuries their dog inflicts, regardless of whether the dog had shown aggressive tendencies in the past or whether the owner knew about the dog’s aggressive behavior. In other words, in California, dog owners are held strictly liable for injuries caused by their dogs’ bites.
- Liability Beyond Bites
It’s important to note that California’s strict liability doesn’t only apply to dog bites. It also extends to injuries that occur when a dog knocks someone over, causing them to fall and be injured. Essentially, if a dog’s behavior leads to any type of injury, the owner can be held liable.
- Comparative Negligence
California also employs the principle of comparative negligence in dog bite cases. This means that if the injured person’s actions contributed to the incident, the compensation they receive may be reduced. For example, if someone provokes a dog before being bitten, their compensation may be reduced to account for their role in the incident.
- Statute of Limitations
In California, there is a statute of limitations for filing a personal injury lawsuit related to a dog bite. Typically, you have two years from the date of the injury to file a lawsuit. Failing to file within this timeframe may result in the loss of your right to seek compensation.
- Exceptions
While California’s dog bite laws are strict, there are some exceptions. For instance, if a person was trespassing on private property without permission when the dog bite occurred, the owner’s liability may be reduced or eliminated.
It’s important to consult with a knowledgeable dog bite attorney who specializes in California’s laws if you’ve been bitten by a dog or if you’re a dog owner facing a potential liability claim. An attorney can provide you with a detailed understanding of how the laws apply to your specific situation and guide you through the legal process. Remember that dog bite cases can be complex, and the application of these laws can vary depending on the unique circumstances of each case. Seeking legal advice is crucial to protect your rights and interests.
How a Dog Bite Attorney Can Help
- Legal Expertise: A dog bite attorney specializes in personal injury law and has a deep understanding of the legal complexities involved in dog bite cases.
- Investigation: They can investigate the incident, gather evidence, and identify witnesses to build a strong case.
- Negotiation: An attorney can negotiate with the dog owner’s insurance company to ensure you receive fair compensation for medical bills, lost wages, pain and suffering, and more.
- Litigation: If a settlement cannot be reached, your attorney can represent you in court, presenting your case before a judge and jury.
Conclusion
While not every dog bite incident requires legal representation, it’s essential to assess the severity of the injury, determine liability, and consider insurance coverage. If you’ve suffered significant injuries and believe that negligence contributed to the incident, consulting with a dog bite attorney can help protect your rights and ensure you receive the compensation you deserve.
Contact Akers Law, P.C for a FREE consultation to discuss your case and explore your legal options! We’re available 24/7.
