The CDC reports that 4.7 million Americans suffer dog bites per year. Of those cases, a stunning 800,000 dog bites need medical care.
When a dog bites you, you probably need to consult an experienced dog bite attorney. These injuries can be nasty, and you may need to get plenty of compensation to recover from your injuries. And if you missed work, you could be owed lost wages, too. Do you know California is a strict liability state regarding dog bites?
Keep reading to learn how to handle a dog bite lawsuit so you can get as much cash as possible.
Know Your Legal Options
First, know that the dog owner is probably liable for your injuries in most cases. This means you can pursue a lawsuit and get compensation for medical bills, lost earnings, and pain and suffering, among other losses.
But what you can get hinges on whether your state holds the dog owner accountable for the dog bite. The best option to find out your options is to lean on your experienced dog bite lawyer to know how to proceed.
Your attorney will probably review the case for free and tell you if you have a chance, according to your state’s laws.
Be Familiar with Your Legal Rights
As we state above, your rights depend on your state laws. You can, most of the time, file a lawsuit against the dog owner if the animal bites you.
But there are notable exceptions. You might be barred from recovering damages if you provoked the dog to bite you. Or, you might not be able to file suit if you trespassed on private land and the dog bit you. Another possibility is you knew the dog, and that it could bite, but you approached it anyway.
If your lawyer can prove the dog owner is responsible for your injuries, the lawyer will often be able to settle the case out of court. This means you don’t have to hassle with a trial and have the matter drag out for months.
How much money you get hinges on a few factors. For instance, if your child suffered the bite, he usually can get a more significant settlement. Children are more likely to have nasty dog bite injuries than an adult.
Criminal charges also can apply, which are separate from the civil case.
Different Dog Bite Laws
As we said, dog bite laws vary by state. In Tennessee, for example, there is strict liability for the dog’s owner and a “one bite rule.” What do these laws mean?
In the Volunteer State, the dog’s owner is liable if the animal bites and injures you, if the attack happened in a public area or legally on private property. In these cases, the dog owner is liable, and you do not need to prove negligence. The owner does not need to know if the animal had an aggressive nature.
But there are exceptions. Strict liability is in force if the attack occurs on public property or if you had permission to be on the owner’s property. If the bite happened on private property that the dog owner owns, the one-bite rule is in effect. This means you need to show the dog owner knew or should have known the dog could bite.
This part of the law is complicated, and it can be tough to understand which liability type applies to your case.
When a dog bites you, the best thing to do is to ask a local attorney to review the case particulars. You should get a quick idea if the case may result in compensation for your injuries.
