Bakersfield Dog Bite Lawyer

Bakersfield Dog Bite Attorney

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.

Legal Aid for Dog Bite Victims in Bakersfield

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.

Dog Bite Laws and Strict Liability in Bakersfield

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:

1. The injured person was illegally on the premises where the attack happened.
2. The injured person did something to provoke the dog into an attack.

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:

1. Suffered damages
2. Were legally at the location
3. Did not provoke the dog

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.

Damages Available in a Dog Bite Claim

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:

• Medical costs. Any present and future medical costs that resulted from the injury are compensable. This may include surgeries, medication, and any rehabilitative care. Often, victims of accidents underestimate the potential future costs of medical complications and settle for less than they are owed. An attorney can review your medical information and work with your healthcare professionals to determine what is fair compensation for potential medical complications in the future.
• Lost wages. If you had to miss work and were unable to earn income while you were recovering, a dog bite claim can recover a portion of those earnings. More severe injuries require longer recovery and result in more lost income.
• Lost earning capacity. When injuries are exceptionally severe, they may prevent you from returning to work for a significant period of time. They might also prevent you from ever completing the entirety of your job duties again. In that case, you are eligible to receive compensation for lost earning capacity.
• Pain and suffering. A dog attack can cause severe trauma and emotional distress. This is a form of noneconomic damage that is difficult to quantify. An attorney can determine how to fairly maximize your compensation.
• Property damage. Any additional damages caused by a dog attack to your personal property is compensable. This may include clothes or other personal items that need to be repaired or replaced.

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:

• How severe your injuries are
• The extent of your recovery
• If there is any scarring or disfigurement
• Additional permanent harm

Your attorney can review the unique situation of your case to properly calculate your economic and non-economic damages, past and future.

Common Injuries in Dog Bite Claims

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:

• Broken bones and fractures
• Cuts, scrapes, lacerations, and punctures
• Crushing injuries
• Soft tissue damage to muscles and ligaments
• Traumatic brain injuries
• Nerve damage
• Permanent scarring
• Infections
• Post-traumatic stress disorder (PTSD)
• Distress, anxiety, and other emotional injuries
• Wrongful death

Victims of dog bite attacks deserve compensation for their injuries, and your attorney can fight for fair compensation.

What Are the Benefits of Working With a Dog Bite Attorney?

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:

• Determining if you have a viable dog bite claim
• Gathering evidence from the scene, including evidence of strict liability
• Negotiating on your behalf with the dog owner, their insurance provider, or other parties who owe compensation
• Collecting provable evidence of damages and suffering
• Calculating damages and the compensation owed
• Filing the dog injury claim with the necessary information
• Meeting the statute of limitations and other legal deadlines
• Providing you with legal support during a difficult time

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.

What Do I Do After a Dog Attack?

There are several steps you should take after being injured by a dog:

1. Get medical care. This is necessary if there are any injuries, but it is especially important if the injuries are severe. Retain medical records for your claim.
2. Exchange information with the owner. This is important for your claim.
3. Document the scene of the accident. This includes taking pictures of the injury, getting contact information from eyewitnesses, and writing down your account of the incident.
4. Report the attack to animal control or a similar agency.
5. Document economic losses from property damage or medical costs.
6. Get in contact with a dog attack attorney. They can help you file your claim with the dog owner’s insurance company.

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.

FAQs About Bakersfield, CA Dog Bite Laws

How Do I File a Dog Bite Injury Claim in Bakersfield, CA?

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.

How Long Do I Have to File a Dog Bite Injury Claim in Bakersfield, CA?

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.

What California Laws Apply to Bakersfield Dog Bite Cases?

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.

What Injuries Can Occur in a Bakersfield Dog Bite or Dog Attack?

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.

How Much Is a Dog Bite Claim Worth in California?

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:

• Medical bills
• Lost income
• Lost earning capacity
• Pain and suffering
• Property damage

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.

Work With the Law Offices of David Davidi, APLC

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.