Dog bites can cause serious injuries, emotional distress, and financial hardship. Dog bite victims often face expensive medical bills, lost wages, and lasting trauma. If a dog bite incident happens, holding the dog owner accountable ensures justice and helps prevent future attacks. Knowing your rights under dog bite laws and understanding how to build a strong dog bite case can make all the difference in securing fair compensation.
1. Seek Immediate Medical Attention
If a dog attack occurs, seek medical attention immediately. Even minor dog bites can lead to infections, nerve damage, and scarring. Emergency care and proper wound treatment are crucial for recovery.
Why Medical Care Is Critical:
Prevents infections and other complications.
Provides medical records that serve as vital evidence in your dog bite claim.
Documents the severity of dog bite injuries, which affects insurance claims and legal outcomes.
Links the dog bite incident directly to the harm suffered, proving liability.
After receiving care, request copies of medical records and medical expenses related to your treatment. These documents will be critical when negotiating with insurance companies or filing a legal claim against the dog owner’s insurance company.
2. Report the Dog Bite to Local Authorities
Every dog bite case should be reported to the local animal control agency or police. This creates an official record of the incident and ensures the authorities can assess whether the dog’s history includes prior attacks. Some states have a one-bite rule, which means an owner knew or should have known their dog was dangerous if it had previously bitten someone.
How Reporting Helps Your Claim:
Official reports can serve as evidence in your personal injury case.
Ensures dangerous dogs are registered and monitored.
Helps prove the dog owner’s liability if the owner refuses responsibility.
Encourages stricter enforcement of local leash laws to prevent future attacks.
3. Gather Evidence to Strengthen Your Case
Winning a dog bite claim depends on the strength of your evidence and how efficiently you establish certain legal points.
After the incident, gather evidence immediately to establish dog bite liability and prove damages.
Key Evidence to Collect:
Photos and videos of injuries, torn clothing, and the scene where the dog attack occurred.
Witness statements from anyone who saw the dog bite incident.
Medical records detailing treatment and medical costs.
Documentation of lost wages due to time off work.
A copy of the police or local animal control report.
Information about the dog’s history, including previous attacks or aggression reports.
A strong case makes it harder for the dog owner’s insurance company to dispute your insurance claims and helps secure a fair settlement.
4. Understand Dog Bite Laws and Liability Rules
Different states have different dog bite laws that determine dog owner’s liability. The two main legal doctrines governing dog bites are:
Strict Liability:
Many states follow strict liability laws, meaning the dog owner is legally responsible for injuries their pet causes, regardless of the dog’s history or the owner’s knowledge of past aggression.
One Bite Rule:
Some states follow the one-bite rule, where a dog owner’s liability depends on whether the owner knew or should have known the dog was dangerous due to prior aggression or if the dog had previously bitten someone.
Understanding local laws and the dog bite statute in your area is crucial in proving your case. A personal injury attorney can explain how local laws affect your claim.
5. Identify the Responsible Party and Their Insurance Coverage
Determining who is personally responsible for a dog bite claim is critical. The dog owner is usually held liable, but there are exceptions.
Possible Insurance Coverage for Dog Bites:
Homeowners Insurance: Many policies cover dog bites under liability coverage.
Renters Insurance: If the responsible dog owner is a renter, their renter’s insurance may cover damages.
Umbrella Policies: Some owners carry extra liability coverage beyond standard insurance.
If the dog owner’s insurance company denies the claim, you may need to take legal action to seek fair compensation.
6. File a Legal Claim and Negotiate with Insurance Companies
After documenting damages and identifying the insurance carrier, the next step is filing a dog bite claim. A personal injury attorney can handle negotiations with insurance companies to ensure you receive a fair settlement.
Steps in the Legal Process:
File the claim with the dog owner’s insurance company.
Present evidence supporting your damages, including medical bills, lost wages, and emotional distress (mental anguish).
Negotiate with the insurance carrier to reach a fair settlement.
Take legal action if the insurance details or offer are unsatisfactory.
If an insurance carrier disputes your claim, a skilled dog bite lawyer can escalate the case to court.
7. Defend Against Common Defenses by Dog Owners
Dog owners may argue that the injured person provoked the attack or trespassed.
Common Defenses to Be Aware Of:
The victim provoked the dog: The owner may claim you teased, harassed, or threatened the animal.
Trespassing: If the injured person was unlawfully on private property, liability may be reduced.
Assumption of risk: If you knew the dog was aggressive and still interacted with it, this might affect your claim.
A skilled experienced dog bite attorney can counter these defenses and strengthen your case.
8. Seek Fair Compensation for All Damages
If you suffered serious injuries, you deserve fair compensation for all damages, including:
Medical expenses (emergency care, surgeries, therapy, prescriptions).
Lost wages (time off work due to injuries).
Mental anguish (anxiety, PTSD, emotional trauma).
Future medical costs (ongoing treatments, reconstructive surgery).
An experienced dog bite lawyer ensures that all damages are accounted for in your legal claim.
9. Consult an Experienced Dog Bite Attorney
Navigating a dog bite case alone can be overwhelming. A personal injury attorney specializing in dog bite claims understands dog bite laws, local leash laws, and how to hold an irresponsible owner accountable.
Why You Need a Lawyer:
Handles all legal filings and insurance details.
Negotiates with insurance companies for maximum compensation.
Proves dog owner’s liability and fights unfair defenses.
Ensures your dog bite claim follows the correct legal process.
Most experienced dog bite attorneys offer a free consultation to discuss your case.
Get the Legal Help You Deserve
Dog bite victims should never bear the financial burden of medical bills, lost wages, and emotional trauma alone. If you suffered a dog bite injury, take legal action to hold the dog owner accountable and prevent future attacks.
At Bourassa Law Group, our experienced dog bite attorneys fight for the rights of dog bite victims. We offer a free consultation to review your dog bite case, explain your legal options, and help you seek fair compensation.
Contact us today to protect your rights and secure the justice you deserve.
1-800-870-8910