Banning Dog Bite Lawyer
Dog attacks can be a traumatic experience on many levels. The physical injuries associated with these attacks are painful, but that is often only a small part of the harm that occurs. Bites can result in severe scarring and lead to an increased risk of infection in the future. This says nothing of the emotional impact these attacks can have.
When you are bitten by a dog, you could have a case for compensation against the owner. By relying on a Banning dog bite lawyer with Walter Clark Legal Group, you could pursue a lawsuit that covers your financial, emotional, and physical losses stemming from the attack. Let a skilled personal injury attorney serve as your advocate as you navigate the court system.
When Is the Owner Liable?
Every state has its own approach to owner liability when it comes to dog bite injuries. In California, these owners are held to something known as the strict liability standard. Under this standard, it is possible to prevail in a lawsuit without proving that the dog owner acted negligently.
The facts surrounding dog attacks are often unclear. By removing the need to show the owner acted with negligence, the chances of a plaintiff recovering fair compensation increase.
That does not mean that every attack will result in a viable case for compensation. There are defenses that a dog owner could rely on in these cases. A person may not recover a monetary award for a bite that occurs in a place where they were not lawfully present. This means the owner is not obligated to compensate an injured trespasser.
There are additional exceptions to consider. For example, police and military dogs are generally exempt from these lawsuits. A person also may not recover damages for their injuries if they provoked the animal prior to the attack or for injuries other than bites, such as scratches.
A knowledgeable Banning dog bite attorney can review whether any of these exceptions apply to a case.
What Damages Are Available?
A person with a viable injury claim could recover different types of compensation. With the help of a dog bite lawyer in Banning, they could secure the following damages:
Medical Bills
Many people seek compensation for the cost of medical care following a dog bite, which can cause broken bones, wounds requiring stitches, infections, and rabies.
These injuries often require emergency medical care, but it is the ongoing treatment that can be especially costly, particularly when infections and illnesses set in. A successful lawsuit could provide an injured person with the resources needed to pay for these costs.
Lost Income
While an injured party recovers from a dog bite injury, they may be unable to work. A lawyer could help recover compensation for lost wages when this is the case.
Sometimes, a severe injury can cause permanent complications and prevent an injured party from ever returning to the job they held prior. When this happens, they may be entitled to compensation for their lost earning capacity.
Scarring and Disfigurement
Dog bites are known to result in severe scarring or disfigurement. This is especially traumatic for injuries involving a person’s face. The emotional toll scarring can take often trumps its physical effects. A lawsuit could provide compensation for this emotional trauma.
Pain and Suffering
Injuries related to these attacks are often painful. While any deep laceration has the potential to cause severe pain, the nature of a dog bite can also result in chronic issues. This is most common in cases where a dog’s fang pierces the hand and damages nerve endings below the skin. The damage to these nerve endings can result in lasting, chronic pain and disability.
Why Work With a Dog Bite Lawyer?
Just because dog owners can be held strictly liable for bites does not mean getting fair compensation for a dog bite injury will be easy. Plaintiffs may need to refute a dog bite claim defense, and they will need to prove that they suffered an injury that led to damages.
Additionally, parties who sustained other types of injuries may need to prove dog owner negligence. For example, a plaintiff could seek compensation for a broken leg caused by being chased by a dog, but they will need to provide evidence that the dog’s owner knew or should have known the animal was aggressive, and did not act responsibly in caring for the animal.
Even when cases seem straightforward, insurance companies do not always offer victims the full value of their claim. Insurance companies exist to make money, and their job is to find reasons to pay claimants as little as possible.
A Banning dog bite attorney could build a plaintiff’s case and negotiate on their behalf for the maximum settlement possible. Working with a lawyer could also clearly signal to the insurance company that lowball offers will not be accepted, and the claim could escalate to a lawsuit if necessary.
Walter Clark Legal Group has over 30 years of experience advocating for the injured and has recovered over $1 billion in settlements and verdicts.
What Evidence Is Needed to Win a Dog Bite Claim?
Evidence in a dog bite case proves that a victim suffered an injury, the injury resulted from the bite, and the injury led to recoverable losses. A Banning animal attack lawyer could help injured parties construct solid evidence-based claims using:
- Medical records
- Police reports/animal control reports
- Prior complaints related to the dog’s aggression
- Eyewitness accounts
- Cell phone or surveillance video
- Receipts, bills, and estimates to establish damages
This evidence could also be used to disprove allegations against a plaintiff that could reduce their compensation or deny their claim.
Dog Bite Case Time Limits
If the dog’s owner has a property insurance policy, injured parties may be able to file a dog bite insurance claim against it, even if the bite did not occur on the covered premises. Plaintiffs should do so immediately to avoid missing any deadlines outlined in the insurance policy.
If the dog owner is not insured (or a lawsuit is required to secure a fair settlement), plaintiffs typically have two years to file a personal injury lawsuit, according to California Code of Civil Procedure § 335.1.
The court will usually throw out lawsuits not filed within the statute of limitations. If injured parties cannot sue, the insurance company no longer has an incentive to settle, so this deadline is vital.
A seasoned lawyer could help plaintiffs get started on their dog bite case before their time to do so runs out.
Let a Banning Dog Bite Attorney Guide You
When you have been bitten by a dog, the owner could be responsible for your financial, physical, emotional, and psychological damages. Holding that person accountable can be challenging, but the right attorney could give you the best chance at success.
You have the right to pursue justice for your injuries. Call a Banning dog bite lawyer with Walter Clark Legal Group today to learn more during a complimentary consultation.
