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When a dog bite leads to serious injuries, it often becomes important to speak with a dog bite lawyer to understand your rights.
If you or someone you know have been injured due to a dog attack in California, Colorado, Florida, Louisiana, Mississippi, North Carolina, Tennessee, and Texas – you may benefit from a dog bite injury lawyer, especially when facing medical expenses, lost wages, and other hardships tied to the incident.
The Morgan Law Group helps those injured in canine attacks pursue fair compensation under the varying statutes of these states. By knowing the cost of a dog bite lawyer and the steps to take after an injury, you can make informed decisions for your wellbeing and future.
Understanding Dog Bites and Strict Liability Rule
Annually, around 4.5 million dog bites happen in the United States. A dog bite claim arises when an individual suffers injuries caused by an animal owned (or sometimes harbored) by someone else. In many states, the dog’s owner may be held liable if the injured person can show that the animal bit them without provocation, and that the attack caused identifiable losses.
However, dog bite rules differ depending on the jurisdiction. Several states, including California and Florida, impose a strict liability standard. Under this rule, an owner can be held responsible for a bite injury regardless of whether the dog previously displayed aggressive behavior.
- California Civil Code Section 3342 holds a dog owner automatically accountable for damages when their dog bites someone who is in a public place or lawfully on private property.
- Florida Statute Section 767.04 states that a dog owner is responsible if the bite happens in a public area or if the individual is legally on the owner’s property.
In contrast, a few other states follow modified standards. They may require the injured party to prove the owner was aware of the dog’s potential for violence or that the owner acted negligently.
Should You Hire a Dog Bite Lawyer?
Dog bite cases can involve multiple parties – owners, insurance companies, and sometimes landlords or property management. Determining fault may be straightforward under strict liability statutes, but proving damages typically requires strong evidence. Dog bite reports, witness statements, medical records, and documentation of missed work days are often central to these claims.
Working with a dog bite lawyer or a team of dog bite lawyers may allow you to protect your best interests. Lawyers for dog bite cases know how to gather evidence, engage with insurance adjusters, and clarify the legal obligations of the dog owner. If you are hesitant to file a dog bite lawsuit right away, it may still help to consult a lawyer for a detailed evaluation of your situation, potential claim value, and any defenses the owner might raise.
How Much Does a Dog Bite Lawyer Cost?
One of the main concerns people have after an animal attack is the cost of a dog bite lawyer. Most dog bite lawyers handle injury claims on a contingency fee basis. This means they receive a percentage of the settlement or court award only if they succeed in recovering compensation for you. The percentage can vary, depending on whether your dog bite claim settles before a lawsuit is filed or goes to trial.
Contingency Fees and Other Expenses
- Initial Consultation: Many injury lawyers for dog bite cases offer a free first consultation or case evaluation. During this visit, the lawyer will review the facts of the injury and discuss possible claims.
- Case Expenses: Even if your dog bite lawyer works on contingency, there might be additional expenses (e.g., filing fees, costs for obtaining medical records, expert witness fees, and court expenses). These costs are often reimbursed to the law office if the client wins or settles.
- No Win, No Fee: Contingency-based representation can alleviate the burden of upfront legal fees. If there is no financial recovery, most lawyers do not charge attorney fees, though any direct costs already advanced by the firm might need to be addressed, depending on the arrangement.
Ultimately, the cost of a dog bite lawyer is structured so that most victims can retain legal help without incurring out-of-pocket expenses, especially at the start of the claim.
Common Dog Bite-Related Injuries
Dog bite injuries can range from minor to severe. Medical intervention is often needed to avoid complications, such as infections or nerve damage. Common injuries include:
- Puncture Wounds: Sharp teeth can penetrate deep into muscle or tissue, increasing the risk of infection.
- Lacerations and Scarring: Cuts and tears can leave permanent marks that may require plastic surgery or skin grafts.
- Fractures: Large dogs can exert enough force to break bones, especially in the hands, arms, or face.
- Nerve Damage: A bite can impact the peripheral nerves, causing sensory or motor function issues.
- Rabies Exposure: If the animal is not vaccinated, the victim may need shots to prevent this serious disease.
- Emotional Trauma: Anxiety, nightmares, and post-traumatic stress may develop in victims, particularly children.
Tragically, some dog attacks result in fatal injuries. If the victim does not survive, the surviving family may have the right to bring a wrongful death claim. Both fatal and non-fatal injuries can create substantial financial burdens through medical bills, funeral costs, or long-term care.
Legal Remedies for Dog Bite Injury Claim
When you suffer a dog bite, several legal remedies may be available depending on the facts of the case and the state’s specific liability laws. You can seek compensation for:
- Medical Expenses: This category often includes ambulance bills, hospital stays, surgeries, medications, rehabilitation, and other related treatments.
- Lost Wages: If the injury prevents the victim from working temporarily or permanently, they may recoup lost wages or diminished earning capacity.
- Pain and Suffering: Physical pain, emotional distress, and mental anguish can be significant in dog bite cases.
- Scarring and Disfigurement: Compensation may address the long-term impact of scarring or disfigurement, which can affect an individual’s confidence and daily life.
- Property Damage: If personal belongings are damaged during the incident, the owner of the property could claim reimbursement for repairs or replacements.
In some cases, punitive damages might be sought if the dog’s owner displayed reckless or malicious behavior, such as encouraging the dog to attack or ignoring repeated warnings about the animal’s aggression.
Wrongful Death Damages for Fatal Dog Attacks
When a dog bite results in a fatality, the victim’s immediate family or personal representative may be able to pursue a wrongful death claim under relevant state statutes.
Although each state follows its own legal framework, compensation often addresses:
- Funeral and Burial Costs: Expenses associated with final arrangements.
- Medical Bills: Covering any treatment the deceased received before passing.
- Loss of Financial Support: Accounting for wages or future earnings the deceased would have provided to dependents.
- Loss of Companionship: Recognizing the emotional and personal support the deceased offered.
Similar to non-fatal dog bite injuries, punitive damages may apply if the dog owner acted recklessly or with knowledge of the dog’s vicious propensities.
What to Do After a Dog Bite-Related Injury
Taking swift action after a dog bite is critical, not only for your health but also to preserve evidence for an injury claim.
- Seek Medical Care: Get immediate medical attention for any bite wound. Even minor injuries can become infected.
- Identify the Dog Owner: Collect the owner’s contact details if possible, as well as any information regarding the dog’s vaccination status.
- Gather Evidence: Take photographs of injuries, the location of the attack, and anything else that may shed light on how the bite happened.
- Speak with Witnesses: If anyone saw the event, obtain their statements or contact information.
- Filing a Dog Bite Report: In many localities, filing an official report with animal control or local law enforcement is required. This document can be valuable when dealing with insurance companies or in court.
- Consult a Dog Bite Lawyer: Reach out to dog bite lawyers to review the facts and your potential dog bite claim.
Swift action after a dog bite can protect both your well-being and your legal rights. By following these steps, you lay the groundwork for a more effective pursuit of compensation and help ensure a smoother path toward recovery.
Should You File a Dog Bite Lawsuit?
Many dog bite claims settle without requiring a formal lawsuit. However, if the insurance carrier or the dog owner refuses to offer fair payment, a dog bite lawsuit can help you pursue the compensation you deserve. Filing a suit may also give you access to broader discovery tools, including depositions and subpoenas, which might be necessary when liability is hotly contested.
Before taking this step, it is wise to discuss the potential benefits and drawbacks with a dog bite lawyer. Factors to consider include how quickly you want closure, the strength of the evidence, and whether the proposed settlement accurately reflects your financial and non-economic losses. For many victims, the cost of a dog bite lawyer is worth it in order to secure a more comprehensive resolution.
What if You Were Bitten By a Stray Dog?
A bite from a stray dog can be more complicated because it may be unclear who, if anyone, is legally responsible. If local animal control or a shelter was supposed to capture or monitor aggressive stray dogs and failed to do so, there might be a claim against the agency. However, these cases usually require proof that a government entity had a duty and did not fulfill it.
When bitten by a stray, immediate medical care is vital to address the risk of rabies or infection. You may still be able to pursue compensation if a third party contributed to the hazardous conditions – for instance, if a landlord ignored repeated reports of stray dogs in a building complex. A dog bite lawyer can explain the avenues for recovery in this scenario.
Statute of Limitations for Dog Bite Claims
Each state enforces a strict deadline for filing a dog bite claim, known as the statute of limitations. Missing this window usually means losing the right to pursue compensation.
Generally:
- Tennessee has a 1-year limit for personal injury claims, including dog bite injury claims.
- California, Colorado, Louisiana, and Texas have a 2-year limit for personal injury claims, including dog bite claims.
- Mississippi and North Carolina have a 3-year limit, including dog bite injury claims.
Extensions or exceptions can apply if the victim is a minor or if the bite was only discovered at a later date. Verifying these timelines with a dog bite lawyer is important, so you can file your claim well within the statutory period.
Book Your Free Case Evaluation with Our Dog Bite Lawyers
A severe dog bite injury can cause lasting medical, financial, and emotional challenges. If you’re worried about the cost of a dog bite lawyer or unsure of your right to fair compensation, you do not need to face these questions alone.
Our dog bite lawyers can discuss your situation and help you decide whether to pursue a claim. The Morgan Law Group is ready to support you throughout the legal process.You deserve to focus on recovery while a legal professional handles the details of your case.
To learn more about your options for financial relief, call us at (800) 551-0554 or answer our online form to schedule your free case evaluation. Let our team work to secure the outcome you need to get your life back on track.
