what will a dog bite lawyer do

by Nicolette Hodkiewicz 6 min read

A local dog bite attorney can tell you whether you have a legal claim, the potential extent of your liability, what types of defenses may be available, and the possible legal and monetary consequences of your dog bite case.Dec 29, 2021

Do I need a lawyer for a dog bite?

Small bites may need to be treated by a medical professional because of the risk for infection. A dog bite attorney can help a bite victim work with his or her insurance company to coordinate payment for services rendered by a medical professional.

Who's liable for a dog bite?

The owner is liable if the bite victim was "lawfully in a private place", or else in a public place when the dog bite occurred. The pet sitter can be considered the negligent party, especially if the pet sitter did not take reasonable steps to control a vicious or otherwise dangerous animal.

What is the law if my dog bites another dog?

This means that if your dog bites another dog, animal or person, generally you are responsible for paying the vet bills and any other necessary damages to the owner of the animal that was bitten. On the other hand, if you have been injured in a dog attack, you have rights.

What is the average payout for a dog bite?

  • California – Average dog bite payout $51,264.6 over 2,396 claims totaling $122.83 million
  • Florida – Average dog bite payout $53,603.49 over 1,268 claims totaling $67.97 million
  • Texas – Average dog bite payout $40,853.70 over 937 claims totaling $38.38 million
  • New York – Average dog bite payout $55,800,71 over 893 claims totaling $49.83 million

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What is the average settlement for dog attack?

According to the Insurance Information Institute, these are the numbers of average payouts for a dog bite in the top 10 states in America for 2019: California – Average dog bite payout $51,264.6 over 2,396 claims totaling $122.83 million.

Can I sue cause a dog bit me and her money?

Victims who have been bitten by a dog can sue for financial compensation that covers their legal damages. This goes beyond just paying for the victim's medical care. In some cases, the dog owner's insurance company will cover the verdict or settlement.

Can you sue a dog for biting you?

In order to file a lawsuit against your neighbor after a dog bite you must have sustained physical or psychological injuries. Second, you must be within the statute of limitations. Under California law, you have two years from the date of the dog bite to file suit against the owner.

What happens when someone reports your dog for biting?

When a bite is reported, animal control can verify the dog is up to date on vaccinations, including rabies. Animal control will open a file on the incident which will include anything they find out during an investigation, especially if the bite required medical attention.

Can I lose my house if my dog bites someone?

Victims of dog bites may worry about how the strict liability statute applies, based on the location where the attack occurred. The good news is that victims of dog bite attacks are protected by California's strict liability statute for dog bites, regardless of whether the attack occurred on public or private property.

How is dog bite settlement calculated?

A per diem system is used to calculate these types of awards, where at the jury's discretion, a monetary amount is determined for the daily physical pain and any emotional hardship that the victim has suffered. That daily amount is then multiplied by the number of days that pain and suffering went on for.

What is a Level 4 dog bite?

Level 4: One-four deep punctures from a single bite and lacerations or bruising from the dog holding on or shaking. Level 5: Multiple bite incident with more than 2 Level 4 bites. Level 6: Victim death.

How do you defend a dog bite case?

Possible Defenses in Dog Bite CasesProvocation and Negligence. If the injured person provoked the dog to attack—either purposely or negligently—the owner may not be held liable for the resulting injuries. ... Assumption of the Risk. ... Trespassing and Recovery. ... Police and Military Dogs. ... Other Injuries. ... Sources:

Is a dog always at fault when it bites a person?

In the state of California, dog owners are held strictly liable for dog bites. Regardless of the dog's history, the owner is responsible for the dog's actions. There are some states in which a dog's first instance of biting someone is “forgiven” in the eyes of the law.

Why do you have to wait 10 days after a dog bite?

The 10-day confinement and observation period for dogs and cats that bite humans has stood the test of time as a way to prevent human rabies. This quarantine period avoids the need to destroy the biting dog or cat in order to test its brain for the rabies virus.

Should I get rid of my dog if he bit my child?

"The child's going to be traumatized," warns Dr. Elmaraghy. "Because a dog bite can be painful and fairly severe." In general, until you can figure out why the bite happened and what you'll be doing to prevent it from happening again, keep the dog and the child away from each other.

Why does a dog have to be quarantined after biting someone?

In California, the quarantine requirement after a dog bite is driven by a fear of rabies. It is in the public interest to do everything possible to lower the risks of getting rabies. The rabies virus causes visual symptoms in dogs within only a few days.

How a Lawyer Seeks Compensation After a Dog Bite

In most states, a pet owner may be held liable (legally responsible) for the expenses incurred if their dog bites someone. This part of the law is known as premises liability, which falls under the umbrella of personal injury law.

How to Seek Compensation Through DoNotPay

DoNotPay's Animal Control product not only files an animal control report with your local government but also can send a demand letter on your behalf, seeking compensation for your expenses from the pet owner. Here are the steps involved in the process:

What Else Can DoNotPay Do?

DoNotPay isn't just a way to submit animal control reports or seek compensation for dog bites. It is a comprehensive set of tools that can help you complete many of life's time-consuming tasks easily and stress-free. Take a look at a few of the other services we provide:

What Are Your Options?

If someone’s pet has bitten your body, the most basic course of action is to pursue an insurance claim. After you’ve been bitten, try to remain calm and simply trade insurance information.

Proving a Case With a Dog Bite Lawyer

There are varying degrees of difficulty in proving liability for a dog bite. Your lawyer will know all local laws pertaining to pets in the area you were bitten.

Defenses You Might Face

The owner of a dog that bit a person will probably hire an attorney to defend them against your accusations. Here are the most common defenses used:

Seek Justice and Compensation

Being bitten by a pet is never a fun experience. Make sure you seek the justice and compensation owed to you.

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