Filing A Claim After A Dog Bite

California is a strict liability state concerning dog bites. Meaning, in case of a dog bite, the owner becomes liable for damages.

Whether a dog bites or grabs your pants, causing you to be terrified, you may argue out your case and get compensation.

If you have suffered from a dog bite, you need to learn how to bring up a lawsuit against the dog owner.

Dealing With Dog Bite Injuries

If you have suffered from a dog bite in California, you can choose to work with a Bakersfield injury attorney to help you understand the laws to apply in your case.

The strict liability rule will not help you if you were riding on a bicycle and a dog chased you, causing you to fall.

It requires more evidence to link your injuries with the dog. In case of such an accident, your lawyer may help you find other options, such as filing a personal injury claim.

It may be hard to prove that the dog chased you, which resulted in an accident. However, the issue about liability would be better sorted out by an experienced lawyer who can investigate your claim to help hold the responsible party liable for injuries.

But if you were injured by the dog while trespassing or simply provoked the dog to bite you, it becomes difficult to file a successful claim. You would receive a much lower settlement if it’s determined that you also contributed to the crime. Thus, for the success of your claim, you will need to prove that:

• You never provoked the dog.

• The dog bites you when in a legally private or public place. That is, you were not trespassing. 

Note that if the bite came from a military dog performing its work in accordance with the law, or the dog was protecting its owner or another person as a way of self-defense, there still could not be a solution to your case.

But if the above happened when you were not treated as a suspect, you may still have a claim against the agency responsible.

The court will ensure the dog is kept away from the public to ensure the safety of others. For instance, the owner may be derived off the right of having the dog for a definite period and, at the same time get convicted.

Damages To Recover After A Dog Bite 

As a victim, you will be entitled to receive compensation from the responsible party. You may recoup back the below personal injury damages but not limited to: 

• Medical expenses: A dog bite treatment is costly. For instance, if you suffered from a hand or a leg injury, you will have to deal with scars and disfigurements. Such may require surgery. 

• Lost wages: If the injury was severe, you would need some time off from work to recover and hence won’t be able to work.

• Pain and suffering: Scarring and disfigurements may leave the victim in significant pain and suffering.

• Punitive damages: If the owner acted in an egregious conduct that led to your injuries, the court might allow for such damages. These are meant to punish the wrongdoer.

Remember that each state has its own rules when it comes to filing dog bites claims.

In California, you have two years to file your case or else forfeit such rights. 

What you do after a dog bite can hasten or delay your personal injury claim. If a dog has bitten you, there are steps to follow for a smooth case: 

• Seek medical attention immediately. Make sure the records contain accurate information about what led to your injuries.  A claim adjuster is more inclined to pay for injuries, if they find out you sought medical treatment immediately after the accident.

• Get the names of the owner. You can also ask if they have any liability insurance.

• Take pictures of the injury and the dog. You may also take photos of the surroundings, such as a broken fence etc.

• Report the incidence to the animal authority. The relevant agency may order such a dog to be quarantined.

Consult A Lawyer 

Whether the dog bite led to minor or major injuries, make it a priority to speak to an experienced lawyer who is conversant with dog owners’ liability for bites. Where you may choose to settle, you should start up your case way early to have some time left to litigate if settlement fails.

Where the deadline passes, your lawyer can determine any exceptions to apply in your case. For instance, you can use the discovery rule to argue that your bite was severe and you were not in a position to file a claim.

A dog owner has a duty of care to ensure they prevent other people from dog bites. If you have suffered from a dog bite and don’t know where to start, you can look for an experienced lawyer to evaluate your claim.