A dog bite can be much more than a painful experience; it can have serious medical consequences, emotional upheaval, and financial drain. Fortunately, strong protections exist under the law for victims. Knowing your legal rights and the types of monetary compensation you might be justified in claiming can mean great divergence in recovery and peace of mind.
Your Legal Rights After a Dog Bite
If a dog has bitten or mauled you, you are entitled to make a claim for compensation from the responsible party-who, in most cases, will be the owner or their insurance company. Most states provide strict liability for the dog owners in controlling the damage caused by the dog that can seriously injure the victim without demonstrating negligence on the part of the owner. In most cases, the plaintiff needs to prove the following:
- Ownership or control of the dog by the defendant.
- The dog attacked or bit you.
- You were in a lawful place at the time of the incident.
However, all laws are not alike from one state to another. Some accept “one bite rule,” which holds owners liable only if they knew or should have known that their dog was dangerous. One should consult an experienced personal injury attorney to learn which rules apply in the law governing one’s state.
Types of Compensation You May Be Entitled To
Dog bite victims can be awarded not only economic, but non-economic damages too. These include:
- Medical bills: The patient is liable for expenses such as hospitalization, medications, surgical services, and rehab.
- Lost wages: If the injury incapacitates you from working temporarily or ends your career entirely.
- Pain and suffering: Relating to what one goes through with physical and psychological pain.
- Disfigurement or scarring: Disfiguration persists; hence, compensation is made available for the change in how one needs to perceive oneself psychologically.
- Rehabilitation costs: Therapy to restore either mobility after surgery or address trauma.
In very severe cases, the victims might also seek punitive damages in the case of reckless behavior by the owner, e.g., allowing a known aggressive dog to roam free.
The Insurance Aspect
For the most cases, such bites are covered by the dog owner’s homeowner’s or renter’s insurance policy. Yet, as in all cases, the insurance company will try to minimize the payout or shift the blame on to the victim. No settlement and no documents should be signed unless and until duly authorized by the attorney-each of which may prevent an individual from receiving the complete compensation.
Roles Through Lawyers
A lawyer experienced in dog bite cases will:
- Investigate the accident and collect evidence.
- Negotiate with insurance companies.
- Sue in court if the compensation offered is not fair.
- Process your legal access for filing a claim to meet legal deadlines.
This article was written by a professional, Alla Tenina. Alla is one of the best tax attorneys in Los Angeles, California, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. Visit www.teninalaw.com for more information. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.