The Legal Process of a Dog Bite Case
If you suffered injuries from a dog attack, you need to find legal support as soon as possible. A dog bite lawyer can help you seek maximum compensation for your financial losses while protecting your legal rights. So, what will the process of a dog bite lawsuit or injury claim look like?
Step 1: Securing Legal Representation
The first step in the legal process of a dog bite case is securing representation. After calling 911 and seeking medical attention for immediate injuries, you should find a lawyer as soon as possible.
During the initial consultation, the attorney will go through all of your case details to provide you guidance on how the process will work moving forward. At this point, they will give you an idea of your case’s viability, potential compensation numbers, how long the process should take, and legal fees.
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Step 2: Proving Liability
In any dog bite case, your legal team must determine liability. If you want to seek compensation from insurers or through a lawsuit, you will need to prove that another party was liable for the accident.
Your attorney can use various pieces of evidence, such as dog attack statistics by breed, previous bite histories, or state laws, to hold various parties accountable.
Holding the Owner Accountable
Owners can be held liable for dog bite cases in many scenarios. In almost all states, if the owner knew (or should’ve known) their dog was dangerous and failed to take preventative actions, you can sue them for creating a hazardous situation.
Dog owners may claim that their pet has never been aggressive before or that you provoked its actions. Because of this, your dog bite lawyer must be prepared to navigate complicated state laws and potentially prove negligence for a successful lawsuit.
State Laws on Dog Bites
Laws on dog bite cases vary between states. Some states require you to prove the four basic elements of negligence to sue dog owners after a dog bite.
In states following the “one-bite law,” with negligence requirements, for example, you must prove that the owner knew their dog was dangerous but took no action to prevent the attack. To do so, you must submit records of the animal’s previous aggressive history. These states keep county records on animal bites and complaints that you would need to leverage to support your claim.
Proving the four elements of negligence requires evidence to support the following:
- The dog owner owed a duty of care: The dog owner was aware of their dog’s previous aggressive behaviors and was in a public setting where they should have secured their pet so it wouldn’t harm anyone.
- The dog owner breached that duty: The dog owner failed to take certain actions, like keeping their pet on a leash, using a muzzle, etc.
- That breach directly harmed you: The owner’s inability to secure their aggressive dog directly led to your injury. You didn’t inherently provoke the dog or harm it.
- That harm caused damages: The accident directly caused the damages for which you’re seeking compensation.
The other main law used in many states is the strict liability rule. The strict liability does not consider the animal’s previous history. In strict liability states, your attorney must only prove that an animal bit you and caused you harm, regardless of the animal’s history.
Other Parties That Can Be Held Liable
Numerous parties can be responsible for dog bite accidents. For example, if you live at an apartment complex that bans large dogs and you were bit by an occupant’s 90-pound German Shepherd, you may be able to sue the property for its negligent management.
In some cases, the dog owner’s insurance or lawyer may claim that you were partially liable for the accident. If you assume any legal liability for the accident, you may be barred from collecting compensation, or your compensation may be reduced, depending on your state. Because of this, you must work with a highly experienced attorney who can help you navigate the claims process carefully.
Step 3: Seeking Compensation for Damages
The next step in the legal process of a dog bite case is seeking compensation. In injury claims for dog bites, you can typically seek compensation for the following types of damages:
- Past, present, and future medical expenses
- Lost wages or earning capacity
- Disability or scarring
- Pain and suffering
Your dog bite lawyer can help you calculate the total costs of your current damages plus your potential future costs to determine your maximum compensation. During this process, your legal team will gather supporting medical records, hospitalization bills, diagnoses, and more as evidence for your claim.
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Step 4: Negotiating With Insurers vs. Escalating to Court
You have two primary options when seeking compensation. First, you may negotiate a settlement from the liable party’s insurer.
Many people carry liability insurance in their homeowners’ or renters’ policies to cover accidents like dog bites. Insurance organizations may offer you settlements to avoid bringing the case to court. You can negotiate these settlement offers, but once you accept an offer, you will no longer be able to sue the liable party over this case.
Your dog bite lawyer can help you negotiate with insurers to seek maximum liability for your claim. In some cases, though, the other party’s insurer may not be willing to meet a reasonable number. If this occurs, you may need to escalate to court, which brings us to the second potential option.
You may also choose to sue the other party by opening a civil lawsuit to hold the dog owner (or other liable party) monetarily accountable for their actions. Your dog bite lawyer can represent your case in court, presenting all evidence to help you seek maximum compensation for your losses.
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Seek Maximum Compensation for Your Losses Today
If you were injured from a dog bite, call Accident Hotline today at (844) 343-9609 to be connected with experienced attorneys who provide legal assistance for dog bite cases.
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