It’s not unusual for a dog to “protect” its territory, and for many, it’s a natural instinct. As you’ve probably experienced yourself, many dogs react fearfully, if not aggressively, when approached by strangers. They can occasionally exhibit aggressive, territorial behavior, especially if the owner has not properly trained their dog.
When a dog bites or otherwise injures a person, the owner is usually held legally responsible regardless of the severity of the victim’s injuries. That person can file a claim with their insurance company or file a lawsuit for dog bite injury against the dog’s owner for damages, including medical bills incurred as a result of the attack.
But since specific laws and legal requirements for dog bite cases vary depending on location, you must consult with an experienced personal injury attorney in your area to understand your rights and options.
How much can victims sue for in a dog bite case?
The amount that you can be suing someone for a dog bite case will vary depending on the case’s specific circumstances, including the extent of the victim’s injuries, any medical expenses incurred as a result, and any lost wages or other damages. Typically, a victim can seek compensation for both economic and non-economic damages, such as:
● Medical expenses: This can include the cost of emergency care, hospitalization, surgery, and any ongoing medical treatment or rehabilitation required due to the bite.
● Lost wages: If the victim cannot work due to the bite, they may be able to seek compensation for any lost wages or lost earning capacity.
● Pain and suffering: The victim may be able to seek compensation for any physical or emotional pain and suffering they experienced due to the bite.
● Punitive damages: In some cases, the court may award punitive damages intended to punish the defendant and deter similar conduct in the future.
It’s important to note that laws about suing for a dog attack vary by state, and the best way to know your condition’s rules is to consult with an attorney familiar with your state laws.
Civil Liability For Dog Bite Injuries
In most states, dog owners are held liable for injuries caused by their dogs, whether or not they knew or should have known that their dog was dangerous. This is known as strict liability for dog bite litigation, which means that the owner is liable for damages caused by the dog even if they were not negligent in any way.
However, some states have a “one bite” rule, which means that the owner is only liable for injuries caused by the dog if they knew or should have known that the dog was dangerous. In these states, if the dog has never bitten anyone, the owner may not be liable for the first bite.
In addition to strict liability or one bite rule, some states have laws that impose an additional penalty on dog owners. For example, in some states, if an owner fails to restrain their dog or keep it on a leash, they may be held liable for any damages caused by the dog, even if the dog has no prior history of biting.
What Legal Actions Can I Take Against a Dog Owner for a Bite?
If you have been bitten by a dog and wish to file a lawsuit for dog bite injury, there are several steps you can take:
Seek medical attention
Your first priority should be to seek medical attention for your injuries. Not only will this help ensure your well-being, but it will also provide documentation of your injuries, which can be used as evidence in a lawsuit.
Gather evidence
Collect any evidence related to the incident, such as photographs of your injuries, witness statements, and any other relevant documentation.
File a report
Report the incident to the local animal control authorities or the police. This will create an official incident record, which can be used as evidence in a lawsuit.
Contact an attorney
Consult with an experienced personal injury attorney familiar with dog attack personal injury claims. An attorney can advise you on your rights and options and help you file a lawsuit if appropriate.
File a lawsuit
Once you have gathered all the necessary evidence and spoken with an attorney, you can file a lawsuit against the dog owner. In this case, you will need to prove that the owner was liable for your injuries and that you are entitled to compensation.
Negotiate a settlement
If the case goes to trial, the owner’s insurance company may offer a settlement to avoid trial costs. Your personal injury attorneys will be able to advise you on whether the compensation offered is fair and reasonable.
Speak With a Personal Injury Attorney Today!
A dog bite lawsuit can be a complex process, and it’s essential to understand the steps involved and the timeline for your case. Our experienced personal injury lawyers in NJ can give you an overview of the process and an estimate of how long it may take to resolve. Let’s talk about your dog injury case!
