Dog Bite Accidents in 2022

Over 4.5 million Americans are bitten by dogs each year, according to the AVMA. The most disturbing thing about these accidents is that at least half of the victims are children. If that is what you or your loved one is dealing with, do not be just another statistic of dog bite accidents in 2022; you can fight for compensation for your injuries.

Morgan and Morgan dog bite attorneys can help fight for you or your loved one after a dog bite incident. Not sure whether you have a valid claim? Fill out our free case evaluation form to learn more.

When Should You Handle Your Case on Your Own?

It is certainly true that not every case involving a car accident requires a personal injury lawyer. However, there are certain situations that should prompt you to contact an experienced personal injury lawyer as soon as possible. If you have relatively minor injuries, you might be able to handle your case on your own. This is because you will primarily be focused on economic damages and this can be a little bit easier to work with the insurance company. The scope of the case is much smaller and that makes it simpler for you to manage the case on your own. If there are any complicating factors in your case, however, you will need a personal injury lawyer immediately. 

A personal injury lawyer can complete a comprehensive review of your case and give you further information about some of the challenges you might experience. If you are already having problems working with the insurance company or unclear about how your diagnosis will impact your future, a personal injury lawyer can assist you with this and many more aspects of your case.

If you have missed significant time at work, feel that your injuries impede your daily life and make it impossible for you to live as you did prior to the accident, or are having a difficult time convincing the insurance company about the severity of your injuries, all of these are indications that you should hire an experienced personal injury lawyer. Involving a lawyer in your case greatly increases your chances of success, but it also reduces the stress on you personally because your lawyer is handling this aspect of your legal claim, not you. 

You don't have to worry about communication with the insurance company or any court paperwork and can remain focused on what is most important during this time, which is your medical care. It can be devastating to live through an accident and realize that other people involved in the case like your insurance company don't take its impact seriously. Working with a personal injury lawyer, who has been in this position before and who helped other victims navigate this complex situation, can be very beneficial for your case as well as your physical and mental health. 

Key Steps to Take After an Accident

Once you get hurt in a vehicle accident, your first step should be to get medical attention. This is true, even if you're not yet sure whether you've sustained any serious injuries. Most people underestimate the possibility of serious injuries and wind up learning after the fact that they have whiplash or other serious problems. In all of these circumstances, you can avoid this situation by getting a comprehensive evaluation from a physician immediately after the accident. This gives your physician the chance to complete diagnostic tests, and to give you a better understanding of how you might have been hurt.

Many accident injuries are shielded in the moments after the accident due to shock, and others might not have serious impacts until days later. Whiplash, for example, very commonly shows up a few days after an accident with radiating neck and shoulder pain that makes it difficult for the affected person to work at all, or complete any physical activities. Give yourself grace during this period and reach out for further medical assistance if, and when, you need it during this time.

Communicating with your insurance company is another important step to take after you have been seriously injured. Most people underestimate how difficult it can be to work with their insurance company. Your insurance carrier has a primary goal of protecting their bottom line, and this may not always align with your individual needs in a vehicle accident case. Wondering when you should hire an attorney after a car accident is only one piece of the puzzle, when it comes to civil litigation and protecting your best interest. Many lawyers spring into action immediately after being hired, because of the important windows that exist there to give you a chance to gather evidence, and to file a thorough legal claim. You may find that it is difficult to work with your insurance company, and that they are not keeping you up-to-date about the status of the case. This is another leading reason to get a quick answer to when should I hire an attorney after a car accident? Because the proper answer is as soon as possible.

In some cases, when an insurance company learns that you've hired a lawyer, they seem to take your case more seriously immediately. Having a lawyer to tell you when your insurance company has acted in bad faith, or is not keeping you up-to-date per their responsibilities, can give you further ammunition and clarity on how to proceed. You will need to protect your interests with the insurance company and any possible settlement, as well as remain in communication with parties on the other side, such as their insurance company. Especially since your insurance carrier is not looking out for your best interest, you cannot count on the other party's insurance company to advocate for you, or to work as hard as possible for a full and fair recovery. This is when you should leave all of the communication to your knowledgeable personal injury lawyer.

As soon as you have received a medical diagnosis and determined your next steps for treatment, you should hire a lawyer. A lawyer can help you evaluate your chances for recovery of compensation in a case, and prepare you for the possibility of litigation. Some attorneys resolve many cases in settlement without having to go to court, but others find that the first compensation offer presented by the other side does not fully compensate you for the severity of your injuries. In all of these circumstances, it's helpful to have a lawyer who has both settlement as well as trial experience, as this puts you in the best possible position to recover maximum compensation.

What Should I Look for in a Lawyer?

When communicating with your attorney, make sure to discuss specifics in your case, such as how they perceive your injuries, and your possible chances of recovery. You want a lawyer who is on your side, and one who is not afraid to advocate for what is best for you. If your lawyer doesn't believe in the strength of your case, you will find it very difficult to recover compensation, or to work with this person for the duration. You should also get a good idea of the lawyer's personal style and communication preferences. If you won't be able to hear from your attorney over the duration of your case, for example, you should know that at the beginning. Finally, make sure you have a lawyer who's experienced in the personal injury case type that you are presenting to them. Your lawyer should have managed cases like this before, and should be empathetic and compassionate about how this accident has affected your life.

You should also be on the same page as your attorney about the overall strategy to pursue compensation. If you believe that you would like to close this matter out quickly, and that any reasonable settlement offer should be reviewed, presented to you, and likely signed, make sure that you share these concerns with your attorney.

Most personal injury lawyers will have a similar educational background and a general awareness of how these cases work. What makes the right lawyer different is their commitment to your case and their level of understanding when it comes to fighting for your rights. At Morgan & Morgan, we have the strength and experience of a large firm with the personal attention and care of a local small practice. Contact us today for a free, no-obligation case evaluation to get started.

Why Do Dogs Bite?

Dogs bite for different reasons, sometimes due to fear and others as a defensive mechanism. Because dogs do not use their arms to fight back as humans do, their teeth are their most powerful weapon.  

In most cases, dogs bite when:

• They feel threatened
• Ambushed
• They are overstimulated (e.g., when playing)
• They feel frustrated
• They are in pain

What Dog Breeds Are More Likely to Bite?

Most dogs can bite, although some breeds are known to be more aggressive than others. Here are the statistically most notorious:

• Pit Bull
• Cocker Spaniel
• Bull Terrier
• Pekingese
• Papillion
• German Shepherd
• Australian Shepherd
• Lhasa Apso
• Jack Russell Terrier
• Chihuahua
• English Bulldog
• Bulldog

What Steps Should I Take After a Dog Bite?

A dog bite incident can be painful and traumatizing. However, knowing what to do after such an incident will influence your health and your chances of obtaining compensation if you decide to take legal action against the dog owner.

Here are some quick tips to always keep in mind:

Seek Medical Attention

Your health comes first. If possible, call 911 and request an ambulance. This is especially important if you are bleeding; you do not want to risk losing a lot of blood by failing to seek immediate medical attention.

Collect Information

As you wait for the paramedics to arrive, collect important information about the incident. This includes but is not limited to:

• The description of the dog that bit you
• The name or identity card of the dog owner
• What made the do attack you
• The exact location of the attack
• Whether the dog has a rabies shot

Gather Witnesses

Did anyone witness the attack? If so, remember to collect their contact information. Their testimony could come in handy if you decide to pursue a dog bite claim against the dog owner.

Collect Insurance Information

If possible, collect the dog owner's insurance information and any other vital information. If they are unwilling to provide this information, do not force them. Instead, move on to the next step.

Follow the Doctor's Instructions

When you seek medical attention, the doctor will tell you what to do after treatment. It is important that you follow these instructions even when you begin to feel better. This is not only good for your health but also the legal aspect. If you do not follow your doctor's instructions, the other party could dispute the severity of your injuries, influencing the amount of compensation you may recover.

Stay Silent

Avoid discussing the incident with just anyone. This is not the time to go live on social media to discuss the incident. Anything you say could be used against you.

The same applies if the insurance provider calls you to learn more about the incident. Other than the time, date, and location of the incident, do not disclose any further details, even if they insist.

Contact a Lawyer

Lastly, contact a lawyer to discuss the case. The attorney will review the specifics of the case and determine whether you have a valid dog bite claim. If the claim is valid, the lawyer might be able to help you get compensation for your injuries.

How Do Attorneys Calculate Dog Bite Damages?

Many different factors come into play when determining damages after a dog bite incident. These factors will also depend on the specifics of that particular dog bite incident. Examples include:

The Severity of the Injury

In most cases, the more severe the injury, the higher the compensation you may be entitled to. Some dog bite injuries usually require reconstructive and cosmetic surgery. Others lead to permanent disfigurement.

It is also worth noting that most insurance policies do not cover cosmetic surgeries. But despite that, an experienced attorney can help you navigate these hurdles and ensure you receive the compensation you need.

Lost Wages and Earning Potential

When you get injured during a dog attack, you may not be able to go to work for a while. This is especially true if you need surgery and other complex treatments after the incident. For this reason, an experienced attorney can help you get compensation for the wages you lost after the dog bite incident.

In addition, you may be able to file a loss of earning capacity claim if the accident prevented you from earning a living in the future or limited your chances. For example, let's say you were a professional model, but you suffered permanent disfigurement after the dog bite, ruining your career. In that case, a loss of earning capacity claim could cover part of the money you expected to earn during your professional modeling career.

The same applies if you missed an important opportunity to earn a living after the dog bite. For instance, suppose you were in the process of signing a lucrative professional contract as an athlete with a sports organization but lost the opportunity due to the injuries you sustained after a dog bite. If so, you may be able to file a loss of earning capacity claim.

Pain and Suffering

Dog bite injuries are usually excruciatingly painful. It is even worse if you require cosmetic surgery. For this reason, you may be able to file a pain and suffering claim.

Who Is Liable for a Dog Bite Injury?

The issue of liability might seem pretty straightforward in these cases, but in reality, it is not. While the dog owner bears the primary responsibility for their dog's behavior, there are times when more than one party might be responsible for the attack.

Let's first begin with the dog owner. This individual owes you a duty of care, whether in public or private property. The term “duty of care” is just a fancy way of saying that it is the dog owner's responsibility to ensure that the dog is well-contained and does not attack you. If they fail to do so, you may be able to hold them responsible for the attack.

If the attack occurred on private property, such as an apartment complex, the landlord might be liable if they knew about the dangerous dog but did not do anything to protect other tenants. In most pet-friendly apartments, pet owners are required to provide documentation about their pets when signing their lease. Some landlords do not allow certain (aggressive) dogs on their property because of the increased risk of attack. So if the landlord knew or should have known that the dog was dangerous but did not do anything about it, you may be able to hold them responsible.

The bottom line is that the legal responsibility for the attack varies depending on the specifics of the situation. Contact a Moran and Morgan attorney for a free case evaluation to determine whether more than one party might be responsible for your injuries.

Can I Sue After Dog Bite by a Dog at Work?

If a dog in your workplace bit you, the liability pendulum could swing either way. Firstly, the court will determine why the dog is in the workplace. For example, did your employer allow the dog in the workplace? If so, for what reason?

The court could determine liability by establishing whether the dog was a service dog. If it was a service dog and you worked for that particular company or organization, you may be able to file a worker's compensation claim.

If the dog was not a service dog, this opens up many other possibilities. Depending on the nature of your case, you may be able to sue the dog owner directly.

What Are Some Possible Defenses to Dog Bite Cases?

The truth is that not every dog bite occurs due to negligence on the dog owner's part. In some cases, the dog bite victim might be responsible for the attack, either partially or fully.

When you file a dog bite lawsuit, you should not expect the other party to write you an open check and walk away. Instead, they will likely devise legal defenses to twist the story and blame you for the attack. If they succeed, you may only recover part of the settlement or no settlement at all.

Some most common defenses in dog bite cases include:

• The plaintiff provoked the dog, causing it to bite
• The plaintiff was at the property illegally (trespassing)
• The plaintiff knew about the risks involved—for example, a veterinary officer treating a dog understands the risks involved
• The plaintiff was bitten by a police or military dog
• The plaintiff's injuries did not derive from the dog bite

Can I Sue for a Dog Bite by a Police or Military Dog?

Unfortunately for dog bite victims, it is not always easy to sue the government after an attack by a military or police dog. This is because police officers and military members enjoy a certain degree of immunity, protecting them from such lawsuits.

However, such a lawsuit is not impossible. You might be able to sue the government if you or your loved one was injured by a police or military dog only if:

• The officer handling the animal used excessive force
• The officer handling the animal was negligent
• The dog bite could have been prevented in the first place

Can I Still Sue if I Was Bitten by a Friend or Neighbor's Dog?

Getting bitten by a friend or neighbor's dog puts you in a tricky situation. You will likely feel guilty about pursuing such a lawsuit. However, you shouldn't. This is because when you file a dog bite lawsuit against a friend or neighbor, their renters or homeowners insurance is responsible for compensating you, not your friend or neighbor. 

I Do Not Know the Owner of the Dog That Bit Me. What Should I Do?

Call animal control if you do not know the dog that bit you. They might be able to locate the dog and the owner. If they fail to find the dog or owner, you may need to get a shot to protect you against rabies.

Can I Discuss My Injuries With the Owner of the Dog That Bit Me?

Earlier, we mentioned that one of the possible defenses against dog bite claims is that “the injuries have nothing to do with the dog bite.”

This is one of the many reasons you should not discuss your injuries with anyone besides your doctor or attorney.  

The attorney will also tell you what you should or should not do while your dog bite case is still pending. This is meant to protect your claim from mistakes that could jeopardize the compensation you may be entitled to.

Morgan and Morgan Dog Bite Lawyers Can Help

Dog bite cases are complex. Issues such as liability, post-bite procedures, jurisdictional requirements, and many others can influence your claim. But that should not be the case, especially when you have the backing of the largest personal injury law firm in the United States.

Fill out our free case evaluation form to get started with your claim.