Dogs attack and bite millions of people each year in the United States. Roughly one in every five people who dogs bite will require medical treatment, or even hospitalization, for their injuries. The law might require the dog’s owner to pay you for the full scope of damages that their animal has caused you. Always hire a dog bite injury attorney to represent you as you seek compensation.
You can always attempt to claim compensation for your dog bite injury. Whether you may be entitled to payment for your injury depends on the facts of what happened and the laws of your state. In some jurisdictions, it is much easier to qualify for financial compensation than in others. Given your circumstances, your dog bite lawyer can advise on your legal rights.
Some States Impose Strict Liability on the Animal’s Owner
In some states, the dog’s owner will be strictly liable for the injuries their animal causes you when they bite. Strict liability means you are almost certain to receive compensation for your injuries. The fact that the bite occurred is enough to make the owner liable for what happened unless they can show why they should not be responsible.
In other words, strict liability puts the burden of proof on the owner to come up with a defense. For example, the most common defense to strict liability in dog bite cases is that you did something to provoke the animal. If the owner does not have a valid defense they can sufficiently prove, they should be automatically liable for the injuries their animal caused you.
Strict liability is a plaintiff-friendly law because it keeps you from having to prove negligence on the part of the dog owner to succeed with your case. The only time you may need to prove anything is if the owner makes claims against you. Then, you need to challenge their defenses and show why you should still be entitled to compensation.
There Is the “One Free Bite” Rule in Other States
Other states have laws that make it more difficult, but not impossible, for the dog bite victim to claim compensation for their injuries. These states use what is called the “one free bite” rule to govern when the dog’s owner may be liable. This law requires you to do much more work to prove that the animal’s owner should be responsible for what happened.
Here, your dog bite attorney will need to research the dog’s history and previous behavior. The owner will only be automatically liable for the injuries their animal causes if you can show they knew the dog had vicious propensities.
The animal may have previously bitten another person or attacked another animal. In that case, the animal’s owner should be responsible for any harm caused by the animal. If the animal did not have dangerous propensities, you must prove that the owner was negligent in failing to secure the animal or otherwise prevent the attack. For example, the owner may not have been following the leash laws, and they were allowing the animal to run amok and unrestrained.
If the jurisdiction uses the “one free bite” rule, the case requires a significant amount of research and work to prove you deserve compensation. Being paid for your injuries is far from a sure thing. You may need to prove what the dog’s owner should have known and when they knew it.
While you should have a dog bite injury lawyer in any case, you definitely need legal representation if the jurisdiction is a “one free bite” state because you have a fair amount of work to do to meet your burden of proof. The mere fact that you were bitten is not proof enough of the owner’s liability.
Negotiating for Enough Compensation for Your Dog Bite Injury
Qualifying for compensation for a dog bite injury is not enough. You can get a check for your injuries, but it may do you little good if it is only for a fraction of the total amount you are due. Too often, insurance companies offer unrepresented bite victims low offers, and claimants accept them, not realizing the offer is so low.
The reality is that insurance companies want to save as much money as possible on each claim. Even if there is strict liability, you still need a dog bite injury lawyer to ensure you recover the total amount of compensation you deserve.
How a Dog Bite Attorney Can Benefit You
Your dog bite injury attorney often begins by gathering evidence of what happened, which may still be necessary in a strict liability state when you are being accused of misconduct yourself. If you need to prove liability, your dog bite injury lawyer will learn about the dog and their history and what the owner may have done in the circumstances surrounding your attack.
Then, your dog bite injury attorney will quantify the damages you have suffered before you file a claim for compensation. They will likely begin your case by dealing with the dog’s owner’s insurance company. Their pets are usually covered under their homeowner’s or renter’s insurance policy, and the insurance company will want to see persuasive evidence of the harm you claim to have suffered.
Filing a claim is only part of the story. Your lawyer needs to negotiate compensation for your losses in a settlement agreement. Such compensation might include:
- Medical bills
- Lost income
- Mental trauma
- Pain and suffering
- Permanent disfigurement
- Permanent disability
The insurance company may make you a low settlement offer at first, trying to see what you may be willing to accept. You may have to turn down low offers and your attorney counters with a higher demand as part of the negotiation process.
If the insurance company refuses to settle the case with you on reasonable terms, your dog bite attorney may have to file a lawsuit against the dog’s owner, and a jury may determine whether they have to pay and how much money you may deserve.
Start the process of claiming compensation for a dog bite today by scheduling a free consultation with a personal injury lawyer near you.