Victims Can Seek Help from a Los Angeles Dog Bite Attorney to Get the Compensation they Deserve
Since dogs are such popular pets in California communities, dog bite incidents may be common. If not, ask your local mailman or delivery person.
However, depending on the type of dog and the situation, these dog bites can negatively affect the victim physically and emotionally. Attacks by dog breeds such as pit bulls or German shepherds can leave significant after-effects.
But what happens if your dog bites someone in California? What should you do if a dog attacks you or your family? When dogs attack, it is best to seek expert legal help. Damage caused by these animals can leave you with huge expenses and permanent injuries. With the help of an experienced dog bite attorney, you can obtain maximum compensation.
If the thought of the entire legal process seems overwhelming, don’t worry. It’s a lot easier than you think. The attorneys at Adamson Ahdoot will handle all the paperwork, talk to the right people, and get you and your family a satisfactory settlement.
Contact Adamson Ahdoot today at (800) 310-1606 for a free consultation about your case. Let us guide you through your personal injury case.
Get the Dog Bite Compensation You Deserve
If a dog bites you, you may be entitled to receive compensation for your medical bills, property damage, and even pain and suffering. Dog owners are responsible for ensuring that their pets don’t endanger others. Even if you already brought criminal charges against the owner, you can also file a case in civil court. Often, you will want the help of a dog bite injury lawyer with experience with dog bite cases.
Whether you are confident in your case or not, the legal landscape can be daunting. Fortunately, we are here to help. At Adamson Ahdoot LLP, our personal injury attorneys have over 100 years of collective experience representing clients in cases like yours. To ensure that you make an informed decision, here is everything you need to know about hiring a top Los Angeles dog bite lawyer.
Why Hire a Dog Bite Lawyer?
Personal injury law covers cases involving canine bites, and an experienced dog bite attorney will ensure pet owners are held financially responsible for their actions. Hiring a dog bite injury lawyer with experience guarantees your interests are heard in court and helps you navigate how, where, and when to proceed with the case. Plus, they can advise you on best practices related to the California legal code. Legal recourse is available to hold owners accountable for their dangerous animals’ actions.
While there are many reasons to hire a dog bite lawyer, the most important is getting the proper legal aid. A dog bite attorney has the training and expertise to navigate the legal process on your behalf. They are experts on the pertinent California dog bite laws and understand what it takes to win in court.
A lawyer will take the complexities out of the legal system and distill them down to the essential components so that you fully understand your legal position. That can include appropriately challenging evidence during the trial and timely filing of paperwork. These actions will provide you with the best chance of winning your case and avoiding any potential pitfalls.
Is It Necessary to Hire a Dog Bite Attorney if a Dog bites me?
Only one percent of dog bite injury victims who suffer injuries receive compensation. Even if there is a rock-solid case, you need a dog-bite lawyer to have any chance of earning damages. Just because you hire an attorney, though, does not mean the case is going to court.
It is no secret that court cases can be expensive. More often than not, it is in the best interests of all parties involved to settle the dispute out of court. According to a government survey, 97% of civil suits end out of court or without a trial, with plaintiffs receiving $4.4 billion in damages annually.
If you and the other party decide you want to settle out of court, a dog bite injury lawyer will be there to represent you during the negotiating process. These negotiations require the same meticulous and persuasive maneuvering as the courtroom but without the same legal stakes. A lawyer will ensure you receive a fair deal by maximizing leverage and dictating the agenda.
California Dog Bite Lawyer Will Guide You During the Legal Process
Of course, not every case can be settled out of court. If you believe your lawsuit should go to court, a dog bite lawyer can ensure you have the materials and evidence to win. Having a lawyer can provide an accurate picture of the legal process, which will go a long way toward minimizing stress and hassles.
The choice of whether to hire a dog bite attorney is a case-by-case consideration. If there is a significant injury, at a bare minimum, you should have a complimentary consultation with a lawyer. This meeting will assess your chance of winning based on evidence, witness testimonials, and other elements of proof.
What Will a Dog Bite Lawyer Do for Me?
We have already discussed several reasons to hire a lawyer for dog bite cases. In a nutshell, a dog bite injury attorney is a knowledgeable guide in representing clients and putting them in the best position to win personal injury cases. Here are other essential reasons to hire a dog bite attorney:
Legal Expertise
Most likely, you are not an expert in the intricacies of California law, and that’s okay. That’s why lawyers exist. They are here to understand, interpret, and utilize existing law to build your case, especially in dog bite attack cases. They will help you understand how much a dog bite lawsuit is worth.
For instance, California has a strict liability rule regarding dog bite incidents and attacks. While many other states have a one-free bite or negligence statute, knowing this information while dictating how to proceed with gathering evidence and negotiating claims is vital. Becoming an expert on pertinent civil code is already a challenge, though the task may be more daunting if you’re nursing dog bite injuries in the process.
Lawyers have academic knowledge as well as practical experience. More likely than not, they have handled cases exactly like yours and understand how the process works from start to finish. Real-world experience is an invaluable asset, especially compared to the armchair lawyers espousing legal advice online.
Additionally, dog-bite lawyers have access to a wide range of legal resources. They can use the help of paralegals to aid in research or investigators to collect evidence. Having a team of attorneys on your side will offer legal prowess you wouldn’t ascertain on your own.
Personal Advocacy
A dog bite injury lawyer is your personal advocate. They are there to support you throughout the entire case. Their responsibility is to represent your best interests and communicate those during negotiations in a sound and persuasive manner.
Furthermore, they will fight to prosecute the party at fault to the fullest extent necessary. Dog bite lawyers work until the pet owner is brought to justice. This tenaciousness ensures the legal system holds the dog owner liable for their actions, and you receive the compensation you deserve.
Negotiating Skills
Negotiating can make all the difference in the outcome of a case. Ideally, an experienced dog bite lawyer will represent your interests, present your claim, and determine a settlement without you having to step foot in the courtroom. Although it is unknown precisely how much a dog bite lawsuit payout will be, with a quality attorney, the dog bite victim will recover damages. Dog bite attorneys who excel in negotiating will ensure this process goes as smoothly as possible.
Coming out ahead requires presenting information persuasively and powerfully. This ability hinges on a lawyer’s legal expertise, as they use research, witness testimonies, and other forms of evidence to lay out their argument. The goal is to take this information and form it so that it bolsters your claim.
While monetary compensation is often a goal for dog attack victims, this outcome is not always possible. For instance, there might be insufficient evidence to convict the defendant of criminal charges or prove strict liability. In these cases, a lawyer might help by opting for an offer-concession negotiation.
As the name suggests, an offer concession involves moving from the initial offers to a point of concession. The middle ground improves the odds of reaching a compromise and avoiding a formal trial. The tactic also allows parties to walk away from the table feeling as though they received a good deal.
Insurance Companies
The dog owner’s insurance company becomes involved in handling claims related to dog bite incidents. Depending on the terms of the insurance policy and the applicability of the one-bite rule, the insurance company may or may not provide coverage for the injured person’s damages.
Proving Liability in a Dog Bite Case
California dog bite law is strict and always supports dog bite victims of an attack with injuries. Civil Code 3342, otherwise known as the California Dog Bite Statute, is the most pertinent piece of legislation. It provides the outline for qualifying cases as well as exceptions. The beginning of the code reads:
“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place.”
Civil Code 3342
This passage has a couple of important takeaways. The first is that California dog bite cases come with strict liability. Therefore, individuals or parties are responsible for their pet’s actions.
Even if someone takes the necessary precautions to mitigate harm, they are still liable if dog bites occur. For instance, an owner might install an electric fence to contain their dog, but the dog still breaks through and bites someone. This concept is especially stringent if the defendant has a dog that belongs to a dangerous breed known for aggressive tendencies.
The second operative phrase is “in a public place or lawfully in a private place.” Public places are any spaces open to the general public, including sidewalks, parks, alleys, malls, stores, and parking lots.
Some people also have the right to enter private property to perform their jobs. This list includes mail deliverers and parking attendants, who may need to step onto private property to drop off a package or write a parking ticket. An individual can also get explicit or implicit consent to enter private property from the owner, though there may be restrictions on where the guest can go.
California Dog Bite Law
Civil Code 3342 lists four exceptions where the defendant would not be strictly liable, including:
- Trespassing: If a dog bite occurs when the victim is trespassing, the defendant will not be strictly liable. However, the dog bite victim may still seek damages for negligence.
- Law Enforcement Animal: In the same way, some professionals have exemptions from being on private property, and so do law enforcement animals. There are exceptions for causing harm while protecting a police officer, apprehending a suspect, executing a warrant, or performing a criminal investigation. If a law enforcement dog bites an innocent bystander, the defendant can be held strictly liable.
- Victim-Assumed Risk: Some professions have a built-in risk of being bitten. That includes but is not limited to, veterinarians, kennel workers, and shelter workers. While these professionals can file a dog bite lawsuit, it can’t be under strict liability.
- Victim Was at Fault: If the dog bite happened because the victim provoked the dog, the circumstances might mitigate substantial portions of their claims. Still, the victim may earn partial damages.
Knowing these requirements to prove liability will give you a sound starting point to decide whether to file a lawsuit. Even if you know someone was in the wrong, you have to prove it in court. That requires providing evidence that supports your dog bite claims and persuades the court to compensate for damages.
Insurance Company Involvement
When a person is injured due to a dog bite, you can seek compensation through the dog owner’s homeowner’s insurance policy. Many of these insurance policies include liability coverage for dog bites and other animal-related incidents. When a dog bite occurs, the victim or their representative may contact the dog owner’s insurance company to file a compensation claim.
The process starts with investigating the circumstances surrounding the dog bite. The dog owner’s liability is then assessed based on various factors, such as the dog’s restraint, history of canine aggression, and the possibility of a partially responsible victim.
The policy then determines coverage, followed by negotiating with the victim or their legal representative to settle the claim.
What Happens if Your Dog Bites Someone in California
Take the time to accumulate evidence after receiving proper medical attention. The moments after the animal attack may also require calling 911 or animal control. Ideally, this period is when you would exchange information with the other party, including their name, phone number, and address.
One of the best things to do when proving liability in a dog bite case is to write or record everything. Make meticulous notes of the time, place, and events surrounding the incident. Recording these details while they’re fresh in your mind will lend them more credence during negotiations or trials.
Do You Have To Report a Dog Bite in California?
Yes. Collect evidence with photos and videos. That can include images of the bite injuries, the crime scene, the dog, the general location, and damaged clothing. This documentation is priceless when proving your claims. Note that if a dog rips or bloodies your clothing, preserve those articles in their unadulterated state.
Dog bite statutes may also include reporting requirements to a local animal control agency. This helps authorities track incidents of dog bites and take appropriate action to protect public safety.
If possible, talk with people who witnessed the incident and report their testimony. Their perspective can support your record of the events and physical evidence. You can also talk with neighbors, who may not have seen the attack but can testify whether the dog has a history of aggression or violence.
Finally, make sure to have medical records and notes on hand. This evidence is essential to correlate the claims with the damage. The medical expenses will also provide a starting point when it comes to filing a monetary amount for damages.
How to Prove Negligence in a Dog Bite Claim
Dog bite statutes vary from state to state and may govern issues such as liability for dog bites, dangerous dog designations, and dog owners’ responsibilities.
It is unlikely, but not impossible, that you will have to prove negligence in a California dog bite case. Most cases hold defendants to a strict liability standard, as outlined in Civil Code 3342. For example, negligence claims would apply if you trespassed on the defendant’s property.
Negligence is another way of saying someone was careless in their actions. The individual failed to take a reasonable amount of precaution in their actions, which resulted in damages.
Proving negligence in a California dog bite lawsuit requires persuading the court of these four elements:
- Duty of Care – The first step is to see whether the defendant owes you a duty of care. Put another way: did the owner have a responsibility to prevent their dog from causing harm? The court will consider this question based on the actions of an average individual in the same circumstances compared to what the defendant did. If the defendant’s action matches that of the hypothetical person, they met the duty of care obligation.
- Breach of Duty – Once the lawyer proves there was a duty of care, they must demonstrate a breach of duty. The breach shows that the defendant failed to act acceptably. Lawyers can show this shortcoming with the reasonable person test mentioned above or by demonstrating that the individual did not respond when they legally should have.
- Cause – If lawyers prove the existence of a duty and a breach, they can move on to cause. In this case, the owner’s negligence must be a proximate cause for the harm. Proximate cause means that there is sufficient evidence that the damage would happen due to the defendant’s actions or inactions.
- Damages – Proving damages is the most straightforward step. Lawyers will use medical records, physician’s notes, photos, videos, and other evidence to demonstrate that the canine injured you. That said, proving pain and suffering is significantly more difficult because there are no discernible or tangible ways to measure these types of harm.
Damages Available for a Dog Bite Victim
Damages are a way of compensating victims for the physical pain and emotional distress they suffered as a result of the dog attack. Most often, damages are in the form of monetary compensation. That includes money for:
Medical Bills
Dog attacks are costly and can even come at the expense of someone’s life. According to the Insurance Information Institute, the average dog bite claim was $39,017 in 2018. There were also 4.5 million dog bites with 800,000 requiring medical attention and three dozen leading to death.
Medical bills can take many forms. Emergency medical treatment may include stitches, wound cleaning, emergency room treatment, ambulances, or rabies shots. More severe dog bites may require more extensive procedures. It is not unreasonable for costs to exceed $100,000.
Extensive medical treatment would include reconstructive surgery, nerve damage, disfigurement, or amputation. These come with potentially long-lasting consequences, which you should add to the cost of the medical bill claim. That may include physical therapy, medication, treatment for post-traumatic stress disorder, and home modifications due to decreased mobility.
Lost Wages/Reduced Earning Capacity
If you have severe injuries, you may not be able to return to work in the short or long term. If that is the case, you can claim lost wages. You can still earn compensation even if you don’t have a fixed salary.
The same applies to reduced earning capacity. This capacity covers you for the duration of your professional career and what you could have made. For instance, if you’re a musician and suffer catastrophic nerve damage in your hand from a dog bite, you would no longer be fit to perform.
Pain and Suffering
Pain and suffering are the most difficult damages to compensate for. There are no clear and discernible ways to measure them other than first-person accounts and speculation. If you suffer from mental or emotional anguish from the attack, that harm might be demonstrated by:
- Seeking therapy or counseling to cope
- Fear of dogs that did not exist previously
- Fear of needing emergency medical attention
- Depression as a result of injury or lost earning capacity
- Emotional and psychological trauma from disfigurement
Property Damage
Often, dog attacks don’t result in significant property damage. Most claims seek compensation for clothing or jewelry that the dog ruined during the attack. If you were riding a motorcycle, scooter, or another type of vehicle and it was damaged, you stand to gain more in property compensation.
Loss of Consortium
Loss of consortium is typically a standalone claim. It applies when, as a result of the dog attack, you can no longer provide the love and support to your spouse or family that you did before the accident. Loss of consortium covers pain, suffering, and other forms of inconvenience.
Can You Sue for Minor Dog Bite Injuries in California
If you have suffered minor injuries from a dog bite in California, you may have legal options to claim compensation. As you saw, California dog laws hold owners liable for serious injuries caused by their animals. However, the specific circumstances of the attack and the severity of the bite will influence a lawsuit and the type of settlement you may be able to seek.
Free Case Consultation for Your Dog Bite Personal Injury Claim
A dog bite lawyer can distinguish between winning damages and walking away empty-handed. Our combination of legal expertise and experience will ensure you have solid, reliable knowledge on your side inside and outside the courtroom.
We will also navigate you through the legal process to ensure the smoothest possible experience on your behalf. We will make sure we explore every avenue for your claims. That includes calculating forms of compensation, building a persuasive case filled with physical and digital evidence, and negotiating with other parties. We also operate on a contingency fee basis, ensuring clients only pay if their case is successful.
This thoroughness is why people in California have trusted the legal representation at Adamson Ahdoot LLP time and again.
Learn more about what our team of lawyers can do for you with a free case consultation today. We will walk you through the process, timeline, and odds of winning damages. Book your free case consultation with Adamson Ahdoot LLP by calling (800) 310-1606. We look forward to getting you the fair compensation you’re entitled to.
