Dog Bites and Personal Injury Claims

A dog bite is not only severe but can be fatal too. As per one research, one out of every five dog bites requires medical attention to prevent any sort of infection happening. Children and the elderly population are more prone to injury and infection. Children aged between 5-9 years are at highest risk of dog bites. Dog bites range from a minor scrape to severe impairment and even wrongful death in extreme cases. Hence, dog bites should be taken very seriously both medically and in terms of personal injury claims. An experienced dog bite injury lawyer can help you in claiming your deserved compensation under the circumstances of the dog bite.

“One Bite” Law:  Many regions follow “One Bite” law. As per this law, certain dogs are given “One bite free” before any legal action can be taken. However, if the owner knows the possibility of a dog bite because of a certain breed, or because of its way of raising or its demeanor, then the bog doesn’t get a free bite.  The victim in such cases can sue the owner, the first time itself. However, such claims are very difficult to prove and the victim has to provide very strong evidence to prove the owner’s liability even in the first time case.

Strict Liability Law: This law is much more favorable to victims than one bite law. States which follow strict liability law don’t give any free bite to any dog. A victim can easily sue the owner the first time itself.  He has to prove that the place where the dog bite occurred is the place where he can be present legally at that time and he didn’t provoke the dog under any circumstances.

Other Laws: Many regions follow laws with variations. For example, strict liability law is applicable only if the dog is out of the enclosure. In the second offense, the dog may be killed and the owner has to pay double for damage done. Police dogs are free from strict liability laws.

Filing a Personal Injury Claim: Be sure before filing a case that owner is at fault or should have known that the dog was dangerous in one free bite cases. Calculate the compensation that you may get as the amount depends on the severity of the wound. In wounds with no complications, you will be entitled to very low compensation with little leverage for pain and suffering. Only in case of severe dog bites, you can get good compensation.

How to File a Personal Injury Claim: You need to hire a good dog bite injury lawyer who can understand your case better. Depending upon the severity of your wound, he will draft a demand letter to the owner and/or his insurance company about the compensation claim. A good lawyer will support the case with evidence like copies of medical bills, injury picture tec. In case, if the negotiation isn’t satisfactory, you can file a case in the court of law.