You were taking a stroll in the park a few blocks down your home and heard dog barks. You didn’t pay much attention to it until you felt a painful sting at your calf. It was sudden, and luckily, had people come to your rescue.
A dog bite can be painful and extremely uncomfortable. In some instances, it may result in severe disfigurement and, unfortunately, even death. After embarking on treatment, you can opt to pursue compensation for the pain and emotional trauma.
Statute of Limitations
The legal jurisdiction after a dog bite will vary from one state to another. Additionally, it would be best if you abide by the statute of limitations concerning your state, outlining the duration in which you can file your claim following the dog bite. Should the time elapse before you make your claim, you have no legal grounds to seek compensation.
It is also essential to note that state law differences will determine the outcome of your legal action. However, to assess your claim’s liability, as on the expert review https://adamsoncleveland.com/ blog, your lawyer will help you consider several aspects. For instance, the dog’s tendency to bite other parties before your incident comes up for consideration. Additionally, some states may also consider whether the dog owner who was controlling it during the incident knew the dog has a habit of biting other people.
You may also consider whether the dog owner did not heed the animal control law. Negligence on the dog owner’s part during the incident will also be a determinant in the claim. Nevertheless, your lawyer will prove the liability to help win your case. It may include concrete evidence that proves you had a dog bite with the specific dog at a particular place and time.
Additionally, your lawyer will also help you settle counter-accusations like trespass, provoking the dog to anger, warning signs on a dog’s presence, or even negligence on your part, which led to the dog bite. Some states may also place the liability on injuries in the location of the incident. Typically it may refer to a public place or unlawfully private place that you had no access to entry.
The Evidence
After a dog bite, it is essential to gather the names and residential addresses of any witnesses present, the dog owner, and the dog’s custodian during the incident. You can also take pictures of the injured area and request the dog owner to give you documentation on the dog’s rabies vaccination. Medical evaluation should be a top priority. Your medical records will also come in handy as your lawyer represents you in the claim. Remember to report to the animal control department, which will liaise with police officers during the investigation.
Your lawyer will be the contact person with the dog owner and the representing insurance company too. Additionally, it is essential to avoid making any conversations around money or any conversations on the insurance company’s incident as it may jeopardize your case. Let your lawyer handle the legal framework.
Your case will depend on the dog bite statute, one bite rule, and negligence on the dog owner’s part. In the dog bite statute, the dog owner is liable to settle compensation if you have an injury after a dog bite without provoking the dog. On the other hand, the one-bite rule will uphold compensation if the dog harms another party before, but the dog owner lets the dog continue interacting with human beings.
The Compensation
When you file such a claim, you may receive compensation that addresses the economic impact following the incident. It may include all medical expenses from surgery, prescription, therapy, and even income loss. You may also file for settlement on the non-economic damages like pain and torture following the incident. You may also seek compensation for property damage, emotional torture, and any disabilities you develop following the incident. You can also file for punitive damages if the dog owner was reckless and the dog had previously injured another party.
Settlement
If the defendant has an insurance cover, your lawyer may push for settlement claims. Sometimes, the defendant who is the dog owner opts for an out-of-court settlement to avoid a lawsuit. Additionally, you may also receive restitution, which covers medical expenses and property damage following the incident. On this type of claim, the defendant will have criminal sentencing.
In other instances, circumstances may allow a lawsuit, especially when the defendant is rigid on settling. Your lawyer will help you pursue legal action for settlement to help you resume normalcy. Additionally, do not underestimate a dog bite even when you feel it was minor. A medical assessment is crucial to rule out any infections.