It is said that dog is man’s best friend. While it is true that dogs can be loyal companions that enrich the lives of their owners, it is also true that dogs are still animals. Animals can be unpredictable, and this unpredictability can be especially pronounced around people outside the dog’s immediate household.
This is when most dog bites occur. If you have been bitten by a dog, then you need to know your rights. It may be time to think about a dog bite personal injury case.
Dog bites and other animal attacks are considered a part of civil law. Like other personal injury cases, dog bite cases must be able to prove liability. Liability is a legal term for responsibility. In other words, in order to successfully pursue a dog bite case in court, you must be able to prove that the other party was negligent and otherwise responsible for the incident that occurred.
Who Is Responsible
In most cases, the dog's owner is held responsible for a dog bite. Dogs cannot be held legally liable for their actions, but their owners are usually considered liable due to their duty to control and restrain their pets.
Proving Owner Negligence
To hold a dog owner responsible, you need to prove that they were negligent in some way. This means demonstrating that the owner failed to take reasonable care to prevent the dog from biting someone. Several factors can be considered when determining negligence:
- The Dog's History: If the dog has a documented history of biting others, the owner should have taken extra precautions to prevent future attacks. A history of aggressive behavior strengthens your case.
- Precautions Taken: Did the owner keep the dog on a leash in public? Was the dog securely fenced in a yard? If the dog was known to be aggressive, were there any additional measures taken to protect others?
- Location of the Bite: Where did the bite occur? Was it on public property, private property, or the dog owner's property? This can influence liability.
- General Care of the Dog: Was the dog properly trained and socialized? A lack of training or socialization could be considered negligence.
The Severity of Your Injuries
The extent of your injuries also plays a significant role in your dog bite case. While all dog bites are painful and traumatic, the compensation you receive may vary depending on the severity of your injuries.
- Minor Injuries: If your injuries are relatively minor, such as a puncture wound that heals quickly, your compensation may be limited to covering medical expenses and some pain and suffering.
- Severe Injuries: If the dog bite caused serious injuries, such as blood loss, broken bones, disfigurement, infections, or psychological trauma, you are more likely to be awarded significant compensation. This could include compensation for medical bills, lost wages, emotional distress, and future medical care.
Your medical records will be crucial in proving the extent of your injuries and the impact they have had on your life.
What Happens After an Attack
After an attack, the owner may offer to settle with you outside of court. This may be seen as a gesture of goodwill, but it is also a way for the owner to avoid liability. With this in mind, never sign anything from the owner without consulting a personal injury attorney first.
A personal injury lawyer with experience in dog bite cases can determine whether or not the settlement is fair and what your chances of a successful court case may be. A dog bite can be a traumatic experience with consequences that last a lifetime, which is why you should make sure you get the compensation you need to recover.
Why You Should Hire A Lawyer
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A dog bite can leave you with physical and emotional scars, mounting medical bills, and a sense of injustice. While you focus on healing, our experienced legal team at San Jose Personal Injury Attorneys (SJPIA) will fight for your rights and the compensation you deserve.
Here's why you should choose us to represent you:
- Bay Area Dog Bite Expertise: We are the leading personal injury law firm in the Bay Area and have extensive experience handling dog bite cases specifically. We understand the intricacies of California law and know how to build a strong case on your behalf.
- Proven Track Record of Success: Our dedication and knowledge have helped countless dog bite victims recover substantial compensation. We have a proven track record of securing settlements and verdicts that cover medical expenses, lost wages, pain and suffering, and more.
- Compassionate and Client-Focused: We know that a dog bite can be a traumatic experience. Our team will provide compassionate support and guidance throughout the legal process, keeping you informed and advocating for your best interests every step of the way.
- Free Case Assessment: We offer a free, no-obligation consultation to evaluate your case and discuss your options. There are no upfront costs, and you only pay us if we win your case.
Don't Face This Alone
The aftermath of a dog bite can be overwhelming. Let us take the burden off your shoulders and fight for your rights. Contact San Jose Personal Injury Attorneys today to schedule your free case assessment and take the first step towards getting the justice and compensation you deserve.
