Dog bites can be minor, but they can also be life-threatening injuries. It’s essential to understand what to do if you are injured. You should always get medical treatment quickly. An unprovoked dog attack can result in physical pain and traumatic emotional damages, and you can file a claim against the dog’s owner in many cases. If you’ve been attacked or bitten by a dog, you should get in contact with a Bakersfield dog bite attorney to determine your legal options for compensation.
Dog owners are held liable for any unprovoked harm that their dogs do, even if they had no reason to suspect that their dog was dangerous. At the Law Offices of David Davidi, APLC, we want to help you get the compensation that you deserve to cover the medical bills and emotional trauma that come from a dog attack.
Any personal injury claim, including dog bite claims, can cover any economic and noneconomic damages that you suffered. Our team wants to help you determine your legal options and gather evidence for your claim while you recover. The Law Offices of David Davidi, APLC, has 25 years of experience representing people in the Bakersfield area and surrounding California communities. Dog bite claims have to be filed within a certain period of time for you to have the right to compensation, so it’s essential to seek legal counsel quickly.
In California, dog owners are subject to strict liability laws. Liability refers to legal and financial responsibility. Strict liability laws mean that any damage done by a dog is the responsibility of the owner, even if the owner was not being careless, reckless, or negligent. Even if an owner had no reason to believe that their dog was aggressive, they can still be held liable. Whether an owner was or was not taking reasonable precautions to prevent an attack, they can still be held responsible for damages. If a person is injured by a dog while that person is on public property or is legally on private property, they can hold the dog owner liable for damages.
There are two situations where strict liability does not apply:
If you attacked the dog or did something similar to provoke the attack, you cannot recover any damages for injuries under strict liability dog bite laws. Additionally, if you were illegally on the premises, you can’t hold the dog owner liable.
To hold a dog owner accountable for the damages caused by their dog, you must prove that you:
Your attorney can gather evidence to prove that strict liability laws apply to your situation by meeting these criteria. Evidence may include eyewitness testimony or video footage of the attack. An attorney can also help you calculate the scope of your damages from a dog bite. This may include medical costs and emotional damages.
As with any personal injury claim, you can get financial compensation for the harm that you suffered from your injury. Although money will not heal the trauma that you’ve been through, it can give you the time and stability you need to recover. When you prove strict liability for your dog bite claim, you may be able to recover any of the damages that you suffered from the attack. This may include:
The exact damages in a claim will rely on the unique circumstances of the attack and how severe your losses were. Pain and suffering damages are noneconomic damages, which are not limited in certain California personal injury cases, including dog bite claims. This means that, while seeking compensation, there is no cap to physical pain and emotional harm. An attorney can help you determine an amount that covers your damages. It takes into account:
Your attorney can review the unique situation of your case to properly calculate your economic and non-economic damages, past and future.
Injuries can occur in several ways in a dog attack. Dog attacks can knock people to the ground or knock them off high-level objects and surfaces, leading to trauma to the head or neck and other damages. Dogs can use their claws and their teeth, and some dogs will bite and won’t let go. This can worsen punctures and damage to skin and tissue. Depending on how a dog attack occurs, injuries can be severe. They may include:
Victims of dog bite attacks deserve compensation for their injuries, and your attorney can fight for fair compensation.
You can file a claim for a dog bite without an attorney, but it’s likely to be more difficult. You are also less likely to maximize your available compensation. An attorney can handle the complex legal aspects of a claim while you recover from your injuries. They can speed up the process of gaining your compensation, allowing you to get benefits sooner rather than later. Your attorney can help with:
Many people underestimate the damages, present and future, that they are owed for a personal injury claim. An attorney can prevent this and help you fight to maximize the compensation that you deserve. They work to find a settlement through negotiation, but they can also take your case to trial if necessary.
There are several steps you should take after being injured by a dog:
At the Law Offices of David Davidi, APLC, we want to resolve your claim as quickly as possible while fighting for the compensation you need. That way, you can get coverage for your losses quickly. Our firm fights for a settlement outcome, as this is faster and less expensive. If the other party is not willing to provide you with the compensation that you deserve, we are willing to go to trial.
A dog bite claim is often filed against the dog owner or their insurance provider. If you have suffered a dog attack, it’s essential to get medical treatment. If possible, document the scene of the accident, and get contact information from those who witnessed the accident. After your injuries are treated, take pictures of the injuries and write down what happened. Get in contact with an experienced dog bite attorney quickly. They can advise you concerning what agencies you should contact and what legal options are available to you.
The statute of limitations for most personal injury claims, including dog attacks, is 2 years. The clock starts from the date when the attack occurred. If you don’t file your claim within that time period, you lose your right to receive compensation for damages.
Although 2 years may seem like plenty of time to file a claim, it’s important to begin working with an attorney sooner rather than later. Not only will your attorney need time to build your case, and gather proof and evidence of strict liability and the damages that you suffered, but essential evidence may disappear if too much time has passed. Your case is more likely to succeed the sooner you begin working with legal counsel.
California operates under a strict liability law for dog bite cases. This is different from other state laws that are known as one-bite law states. In California, dog owners are strictly liable for any damages that their dogs do. It doesn’t matter if the owner did or did not know that the dog was dangerous. It also doesn’t matter if the owner did or did not take precautions to keep their dog from doing harm. They are still held strictly liable.
Owners are only not held liable if the victim provoked the dog to attack or if the victim was illegally on the premises where the attack happened.
A dog attack frequently results in victims being clawed or bitten. This can cause punctures, scratches, lacerations, and other severe skin, muscular, and tissue damage. Dogs can bite and not let go, leading to crushing damages, fractures, and broken bones in addition to punctures. If a dog attacks someone and they are knocked to the ground or off a higher surface, this can lead to traumatic brain injuries or damage to their neck and back.
The exact amount of a dog bite claim relies on the severity of the damages that a victim suffered. In a personal injury claim like a dog attack claim, a victim can claim damages for:
Any economic damages related directly to the accident are compensable. In California, noneconomic damages like pain and suffering do not have a cap for some claims. Your attorney can help you calculate the exact amount of compensation that you deserve.
When you or your loved one is injured in a dog attack, it can be incredibly traumatic. At the Law Offices of David Davidi, APLC, we have represented those harmed in personal injury claims in Bakersfield for many years. We want to help you fight for your rights. Contact our team today.