Being in a dog bite attack is physically and emotionally traumatic. You can have severe lacerations, tissue loss, nerve damage, and even an amputation injury. Unfortunately, many dog attack victims don’t report the attack and aren’t compensated for their injuries. Don’t let this happen to you.
You may be entitled to compensation if another person’s dog injures you. It’s essential to know all the facts about dog bite claims, such as what it costs to file a claim. Learn more below, and contact a Houston dog bite attorney in your area to learn if you have a case.
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What Does A Dog Bite Lawsuit Cost?
A dog attack usually causes serious injuries, such as deep wounds, lacerations, loss of tissue, nerve damage, disfigurement, amputation, and sometimes, death. If another person’s dog attacks you, you can receive compensation in a dog bite lawsuit.
However, many worry about the costs of a dog bite lawsuit or claim. How can you afford to pay an attorney when you can’t work? Fortunately, most dog bite lawyers do not charge upfront fees for their work.
Instead, these personal injury attorneys are paid by contingency agreement. This means that the attorney is compensated when the case is resolved. They are paid a percentage or contingency fee, a portion of your settlement or jury award. Most personal injury attorneys are compensated 33 percent to 40 percent of the plaintiff’s compensation.
For example, if you receive $100,000 in a dog bite settlement, your attorney can receive $33,000 to $40,000. Additionally, your attorney will be reimbursed any legal fees they paid during the case, such as compensation paid to expert witnesses, court filing fees, etc.
The benefit to injury victims is this: You don’t need to worry about paying for an attorney when you’re hurt because of another person’s negligence or improper action.
What Compensation Is Available In A Dog Bite Claim?
You were severely injured in a dog attack, so what can you receive in a personal injury claim? You may have the right to receive the following:
Medical Expenses
You can receive compensation for current and future medical expenses related to your dog bites. This may include ER and hospitalization expenses, surgeries, rehabilitation, assistive devices, home modifications, prescription drugs, and doctor visits.
Your personal injury attorney will accurately estimate the medical care you may need for a serious injury in the coming months and years if needed. Estimating these expenses correctly is critical, so it’s always important to retain a dog bite attorney to perform this vital work.
Lost Earnings
A serious dog bite and related injuries may leave you unable to work. You should receive full compensation for your lost earnings from the injury and subsequent treatments.
You may receive compensation for lost earning capacity if a severe dog bite causes a permanent injury, such as an amputation. Your attorney will work with economists and related experts to estimate what your lost future earning power is worth.
Pain And Suffering
Serious dog bites can be painful, and that pain has value. You will receive compensation for your physical pain and suffering. Additionally, you may be entitled to compensation for mental and emotional anguish. This mental suffering may include depression, anxiety, and related mental issues from the injury, including emotional pain over scarring and loss of function.
For example, suppose the dog bit your face several times, and you have scarring and disfigurement from the bites. This is a form of mental suffering that you should be compensated for.
How Do You Prove A Dog Bite Claim?
You need to prove that another person’s dog bit you to receive compensation in your personal injury claim. How you do that depends on whether you are arguing that the defendant is strictly liable or that their negligence caused your injuries.
In a strict liability state like California, the dog owner is strictly liable for a dog bite injury. This means that you don’t need to prove the owner was negligent for them to be liable for your injuries. For instance, you don’t need to show that the animal was off a leash in the park. Or, you don’t need to prove that the dog was aggressive before.
Even if the dog owner is responsible, they are strictly liable for your losses. If you were in a private home, you’d need to show that you were there legally. Your attorney may use cell phone texts, calls, or emails to prove you were there with the owner’s permission. You must also prove that the bites and injuries are related to the dog attack. That’s why it’s critical to seek immediate medical care after the attack.
If you are in a state that requires proof of negligence to receive compensation in a dog bite claim, your attorney will need to prove the dog owner was negligent. Doing so may require the attorney to show that the dog owner knew the animal was aggressive and could bite. This is commonly known as the ‘one bite rule’ that some states have in these cases.
A skilled dog bite lawyer will review your case to determine the best legal strategy to obtain compensation for your losses. Retain a dog bite attorney promptly so they have ample time to develop a strong legal strategy to maximize your compensation. You may have only two or three years from the date of injury to file your personal injury claim or lawsuit.
How Can A Dog Bite Attorney Help
A dog attacked you in the park, retaining a dog bite attorney to handle your claim is best. They will handle the negotiations with the dog owner or their insurance company. A personal injury attorney performs many functions to ensure the best case result:
- Determine who may be liable for your dog bite injuries. It can be a dog owner or, depending on the situation, an employer or other entity. It’s essential to file a claim against the correct person or entity; your attorney will ensure this happens.
- Investigate the dog bite claim. Your attorney will investigate how the accident happened, who may be liable, and what evidence is available to prove fault.
- File an insurance claim and negotiate a settlement. Most dog bite claims are handled by the homeowner’s insurance company for the dog owner. Your attorney will negotiate to maximize your settlement.
- Take the case to court if needed. Most dog bite claims end with a settlement, but your attorney will prepare the case for trial if required.
- Obtain evidence. Attorneys may be privy to evidence that is difficult for you to access, such as surveillance video of the incident.
- Accurately estimate your damages. Your dog bite lawyer will estimate your medical bills, lost earnings, and pain and suffering to maximize your payout.
Having a dog bite lawyer review your case is always preferred to determine if there is a viable claim. Your lawyer will negotiate a better settlement than you can on your own.
Why Should You Seek Compensation In A Dog Bite Attack?
You should file a claim for many reasons if a dog attacks you. First, the CDC reports that approximately 20 percent of dog attacks require care in the ER. It’s estimated that 4.5 million people are attacked by dogs annually, so at least 900,000 are treated for their injuries.
Medical care is expensive, and you can have tens of thousands in medical bills after a severe dog attack. You may be entitled to compensation if an unprovoked dog attacked you. The dog owner may be liable for your medical bills and other losses.
Second, if the dog attack occurred in certain states, the owner can be strictly liable for your injuries. For example, California dog owners are strictly liable if their animal injures a stranger or guest in a home or other property. So, you don’t necessarily have to prove that the dog owner was negligent to receive compensation. You must only show that the person owns the dog, that it bit you, and you weren’t a trespasser or provoked the dog.
Third, you should seek compensation in a dog attack if you have a catastrophic injury, such as an amputation, eye injury, or significant nerve damage. You may be unable to work and enjoy life as you once did. You should ensure that you receive maximum compensation. Only a dog bite attorney will squeeze the most money from the insurance company.
What Affects Your Dog Bite Settlement Amount?
A dog attack can leave you with devastating injuries that affect your ability to work and enjoy life. So, what can you get for your dog bite claim? Every claim is unique, and your case value can be more or less than someone else’s. Have a dog bite attorney review your case to give you an estimate of its value.
Your case’s value is influenced by:
Injury Severity
The most significant factor in your claim is the severity of your dog bite injuries. A dog bite claim with a severe bite that damages underlying tissues and nerves is worth more than a claim with less severe injuries. A severe dog bite may cause worse mental and emotional trauma injuries, too.
A severe or catastrophic injury may require months or years of treatments, which add significantly to the case value. Your attorney will accurately estimate your future medical needs with the help of economists and occupational experts.
Liability
The compensation in your dog bite claim partially depends on the degree of liability. The insurance company is more likely to offer a fair settlement if there is conclusive proof that their client is liable. For instance, a dog owner who knew his dog was aggressive may have to pay more damages than someone who didn’t know.
However, some states, such as California, have strict liability rules for dog bites. This means the dog owner is strictly liable for injuries from a dog bite, regardless of whether they knew the dog was aggressive.
Settlement Or Trial
The case value is influenced by whether the case settles or goes to court. Most dog bite claims are settled out of court. This resolution may lead to less compensation, but the money is guaranteed once the settlement papers are signed. You can get more compensation when a sympathetic jury awards you a large settlement. However, court cases and juries are unpredictable, and many injury victims opt for a settlement.
Lost Earnings
Did you lose a year of work time because of your dog bite injuries? You would receive more for lost earnings than someone out of work for two weeks. A catastrophic dog bite injury, such as an amputation, may entitle you to lost earning capacity compensation, which would increase your settlement substantially.
Insurance
Most dog bite claims are covered by homeowner’s or renter’s insurance. However, a policy limit may affect the size of your settlement. For instance, suppose you have $100,000 of dog bite damages, but the policy only covers $50,000 for bodily injury. It may be difficult to obtain full damages for your losses. However, an experienced dog bite attorney will review your case to determine if filing a lawsuit is worthwhile to recover more compensation.
Pain And Suffering
Many dog bites are profound and severe injuries that can be excruciating. The degree and amount of pain will increase your settlement if a severe injury occurs. Your attorney will document your injuries and pain level to show the severity of pain and suffering to the insurance adjuster or jury.
Talk To A Dog Bite Attorney Today
A dog attack can leave you with severe mental and physical scars. You shouldn’t have to pay out of pocket for your recovery. A dog bite attorney can obtain compensation for you in a dog bite lawsuit.
A dog bite lawyer can determine liability and hold the responsible pet owner responsible. Speak to a personal injury attorney today to learn if you have a case. You will not be charged for the consultation; the attorney is not paid unless you win.