Dog Bite Injury Claims
Dog bites can be painful and could lead to complications. In many cases, an individual’s injuries in a dog bite case can end up in a complex medical situation. However, many individuals don’t consider seeking legal counsel from a dog bite lawyer for their claims. If you’ve been bitten by a dog, and have to seek medical treatment, you may be entitled to file personal injury claims against the owner of the dog or their insurance company. A dog bite attorney can help you with the details of the case and guide you over what you need to prove negligence in this situation. Personal injury attorneys will seek information that will help them determine the viability of the case.
Getting your case resolved in your favor isn’t always easy, but at Wright & Gray Group, we’re ready and willing to fight for you. You deserve compensation for your attack, and we’re determined to help you get it.
Liability looks at which person or organization was responsible for the injuries in question. Personal injury attorneys will need to determine who was at fault when the injury occurred, requiring them to delve into the occurrences that led up to the bite injury. This determination also helps personal injury lawyers determine what legal options a person may have when it comes to their physical injury.
In any injury case, liability refers to an individual or organization having a duty of care to another person or organization. Most individuals who get bitten by a dog will seek to prove liability by showing that the dog’s owner was negligent in their duty to provide reasonable care. For a lawsuit based on negligence to end in the injured person’s favor, a few conditions must be satisfied. To prove negligence, therefore, a person must show:
- The owner had a duty to take reasonable care to control the dog’s behavior
- The owner lapsed in their duty of care and
- This lapse (or incidents associated with it) led to the injury
Depending on the locale, judges and juries may look at other incidents surrounding the injury to see if there was something that the owner could have done to prevent it. If the owner could have expected the particular situation to arise, they should have taken care to prevent it.
What Constitutes Reasonable Care?
The care that an owner dedicates to their animal to ensure they won’t injure someone may be seen in how the owner keeps their pet. Some of the more common ways to show that the owner has taken care with the dog include:
- Signs, Chains, and Fences: Even a simple sign such as a “Beware of Dog” plate would be enough to show that the owner has not neglected their duty of care.
- The Dog’s History: If the dog has a history of being obedient, this may affect what the court sees as reasonable. If the dog has a history of aggressive behavior to passers-by, then the liable parties may be negligent for letting their dog roam free.
- The Dog’s Breed: Some courts consider the dog’s breed as a significant element in determining what is reasonable.
- Owner’s Violation: If the bite was a result of the negligent party violating the law, the owner may be held liable for the dog’s behavior.
Strict Liability Statute
New Orleans doesn’t necessarily require you to sue the liable parties for negligence. Instead, the strict liability laws allow an injured party to bring a case against negligent parties for any unprovoked dog bite injuries. While you can still seek to prove negligence for a settlement, strict liability cases have a much lower burden of proof and may be the better option for places like Louisiana. It is important to note that this bite statute doesn’t apply if the injured individual provoked the dog in question. At that point, the owner is not liable for damages at all.
Dog Bite Injuries
If someone is involved in an animal attack, they would need to seek medical attention right away. Bite victims may need to be rushed to emergency rooms depending on the severity of the injuries they sustain. Dogs can be vicious animals, and their bites can lead to several types of injury, including puncture wounds, nerve damage, and other problems. Severe injuries may also result from tearing from the bite. Depending on what part of the body has been bitten, the injuries may be dire and require surgery to fix.
Determining the level of injury is important to any personal injury lawsuit. The compensation that a bite injury lawyer will seek may be based on the damages that resulted from the incident. Financial compensation will take into account the damages, as well as the medical bills associated with the incident. Making a compensation claim will also require documentation from medical care and possibly a police report, if one was made. If a person requires ongoing treatment for injuries, then the owner may be required to pay for the extent of that care. Financial losses in terms of being unable to work may also factor into the consideration for fair compensation. If the incident goes to court, and they find the owner responsible, they may also levy punitive damages to make an example of the owner. These economic damages may seek to right the wrongs of the liable parties.
A dog bite is a traumatic experience and while the physical injury is visible, the mental impact of this attack isn’t immediately apparent. Thousands of people who suffer from dog bites may end up with conditions such as Post-Traumatic Stress Disorder (PTSD) when it comes to these animals. Emotional distress from these attacks can lead to a long-term fear of dogs. Bite attacks are not a common occurrence, but they can change a person’s life forever because of the fallout. It is important to remember that these injuries don’t just leave physical impairment behind as a reminder of their occurrence.
Getting a Lawyer Is Not the Same as Taking Someone to Court
A personal injury law firm is responsible for representing your interests in this difficult time, but contracting one isn’t the same as taking someone to court. While legal action may result from your bite claim, there is still a chance that the incident will settle out of court. A skilled legal counsel will be able to guide an injured client in the best way to approach negotiations with the negligent party. Occasionally, the other party may rely on their insurance company to handle the details of the case. In such a situation, your attorney will collect all the legal resources you need to show that the other party is at fault. This might include things like expert witnesses or witness statements from those who were present when the attack took place. The aim is always to hold the negligent parties accountable for their actions.
Get in touch with a New Orleans dog bite lawyer today to get started on your case. Call us at 888-912-4944 or complete the online contact form.
Meet with a New Orleans Dog Bite Attorney
Choosing the right lawyer for your legal guidance is not a matter of trial and error. A skilled legal firm with combined experience that spans decades is the best bet for dealing with a dog bite lawsuit. The lawyer should know the dog bite laws in New Orleans, and ensure that all the details of the dog bite injury are collected and compiled. Choosing a legal team, therefore, relies a lot on experience. Being able to navigate the legal system, knowing when the statute of limitations expires on dog bite cases, and what the maximum compensation a client can expect are all things that show decades of experience at work. Contact Wright & Gray today if you’re looking for a legal team that can demonstrate that level of experience.