You were taking a casual evening stroll a few blocks down your home. Suddenly, you heard loud barking and intense pain in your calf. A dog bite can be traumatizing and dangerous, leaving you with physical injuries. However, you have eligibility in specific considerations to file for a dog bite lawsuit. In case you’re wondering, the guide below offers you the top concerns to hold in mind in such a scenario.
The Dog Bite Liability Statute
The success of your dog bite lawsuit depends on the legal jurisdiction of the dog bite ability case. It is essential to note that the rules may vary from one state to another. Some uphold the strict liability where the dog owner is responsible even if it is the first case without previous history of hurting others.
Instances that show the dog owner was aware of previous incidents would include a dog that threatens people even without visible provocation. Additionally, it may also have a scenario where the dog frequently jumps on people or frightens them even without triggers. In most cases, there will also be several complaints about the dog from other trespassers.
On the other hand, other states may use the one-bite rule. It offers a legal address only if the dog owner has prior knowledge that their dog could harm other people. The validity of the case has a foundation in the negligence liability of the dog owner. Your lawyer will help prove that the dog owner was negligent, and therefore, you sustained injuries as a result of the behavior.
Your evidence will support a negligence claim where you can prove the dog owner allowed the dangerous dog to roam around even when they knew it was a potential risk to people.
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Evidence is Critical
The evidence showing the incident scene is crucial in the outcome of the case. For instance, you can take photos of the scene and record any possible information, including the dog’s vaccination against rabies. You can also take pictures showing you have been bitten by a dog and record the contact information of any witnesses available to help you pursue your case in offering their witness statement. Evidence showing your injuries is also ideal for helping your lawyer present you better. Therefore, it is advisable to keep a copy of all the medical treatments and procedures that show the dog bites injury. It can include doctor’s evaluation, inpatient or outpatient treatment, prescription, and even psychological therapy. The records may also show any surgical procedures you undergo if the dog bite was severe.
The Statute of Limitations
The statute of limitations states that you are only entitled to get compensation if you file your case within a specified time duration. It may vary from one state to another. Therefore, it is advisable to have a reliable and highly professional lawyer who understands the different jurisdictions to represent you in court. Typically, if you submit your case long after the required duration elapses, you have no legal bearing in the case, even if you have proof of dog bite liability.
The Defenses
In some instances, you cannot get compensation for the dog bite lawsuits under some considerations. For example, if the dog owner had a clear warning that there is a dog around, the case has no legal bearing. It also applies in instances when you trespass through private property. Additionally, if you knowingly provoke the dog triggering it to attack you viciously, you are not entitled to any benefits.
In other instances, your liability may not apply if you had the warning to stay away from the dog, but you ignored it and got attacked. Furthermore, the dog owner may also claim that the dog was protecting it from intrusion. In such an instance, the case may not favor you.
Another instance that may make you ineligible to file a dog bite lawsuit is when the dog was military enforcement pursuing safety and protection following the law.
The Damages
Your lawyer will help you file for damages following their injuries from a dog bite. It can address the economic costs of lost wages and even emotional distress due to pain and suffering. You can also file for compensation on any medical bills accruing from the result of the dog bite.
In special considerations, you can also advocate for punitive damages following a dog bite against their owner. In such a scenario, the objective is to make the defendants aware that their malicious, reckless, and fraudulent actions with their dogs threaten humankind and should, therefore, change their ways.
Most importantly, always remember that your legal representation will have a significant bearing on your case. A reliable lawyer who understands the intricacies of the case will help you claim for better compensation.
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