Most of us like dogs. After all, their unconditional love provides us with a distinctive form of company. However, we often forget that dogs are animals that act more on instinct than logic.
Although we know our dogs, we cannot predict strange dog behaviour, and bites do occur. If you are bitten, you may want to know if you can sue for a minor dog bite? You need to evaluate some important details regarding dog bites cases.
Minor dog-related injuries
Not all injuries caused by a dog attack require serious medical intervention. Some injuries that do occur are not too serious, although they require some degree of treatment.Minor dog attack injuries include:
- Puncture and/or laceration wound
- Infection if the dog is not vaccinated properly
- Emotional or psychological suffering.
While minor dog bites do not appear to be critical in theory, they can however result in permanent scars and emotional distress.
Types of dog bites
The severity of dog bites varies from mild to serious, depending on the circumstances of the accident. Many factors such as the breed of the dog, the cause of the dog bite, and the age of the victim can be used to determine the severity of the dog bite and whether the injured can sue for compensation.
Level 1-The mildest type of dog bite, usually involving aggressive behaviour, such as growling, barking, and jumping on the victim to scare or scare them to leave the animal alone.
Level 2– is still on the minor aspect of the dog bite scale, there are marks left by the dog bite, but the skin has not been wounded.
Level 3 -moderate dog bites, including minor skin puncture and minor aggressive behaviour by animals.
Level 4 -Various severe dog bites and bruises or other injuries caused by the dog’s general aggressive behaviour.
Level 5 – severe dog bites that include fierce puncture wounds, nerve injury, bone fractures, or further injuries.
Level 6 – if the animal is particularly aggressive and kills the victim involved in the attack.
Filing a Lawsuit
If a dog bites a child or an individual, the important question that arises is who is responsible for the damage caused to the injured person. In most cases, the dog owner’s insurance is responsible for paying for the damage suffered by the victim.
Section 3342 of the California Civil Code specifies that dog owners bear strict responsibility for any injuries suffered by victims of dog bites, regardless of whether the dog has not previously shown a vicious tendency.
If someone is bitten by a dog in California, they can file a lawsuit for damages. To file a lawsuit following the instructions of the state jury, this person must be able to prove the following:
- The defendant is the owner of the dog that allegedly bitten the plaintiff.
- Plaintiff was bitten by a dog while appearing in a public place or legally on private property.
- The plaintiff was injured by a dog attack.
- The defendant’s dog played a significant role in causing harm and injury to the plaintiff.
If the victims injured in the dog bite case can prove the above items, then they will be able to recover the monetary losses for their damages.
Mistakes after Dog Bite
Several mistakes can be done while proving the case in court such as:
- Investigators will not search the scene of the attack, especially at the dog owner’s home. If the dog is fierce, there may be clues, such as bitten furniture or scratches on the door.
- Insufficient records, For example, the victim did not report the incident to the police, nor did he take photographs of the injury before seeking medical attention.
- Doctors or other professionals familiar with dog bites did not examine the wound. The court does not know whether the dog caused the injury or whether the victim blamed the dog for the injury caused by other incidents.
Dog bite insurance
For dog bite insurance claims, homeowners and rental insurance can pay any limit between $ 100,000 and $ 300,000, and various health insurance options can help pay for medical expenses.
Compensation depends mainly on court hearings, especially in the case of out-of-court settlements. When it comes to insurance companies, attorneys can help anyone.
As the insurance company will request copies of medical records, bills, other expenses, etc. If the injured person does not resolve all the required documents, which carries real liability risks for the insurance company, the company will not provide compensation.
Claims of Dog Bite
For cases involving dog bites, the responsibility of the dog owner is very important. Just like an insurance company’s claim, documents are one of the most important parts that need to be collected to establish a substantive lawsuit.
If someone sues the dog handler by mistake, the counterclaim option will open. The expenses which can be compensated are attorney fees, insurance company claims, doctor visits, etc.
Importance of Attorney-client relationship
When looking for a settlement, you need to understand the value of the attorney-client relationship. Once someone has hired an attorney, the attorney must keep all information confidential. Clients should also seek legal advice from their attorneys, especially in dog bite cases.
The lawyer can recommend multiple actions and execute them for the benefit of the client. The strategy for successful cases is considered between the two, which may include hearings, insurance claims, and other relevant information to properly resolve them.
How long does it take to sue for being bitten by a dog in California?
California’s statute of limitations is two years. The two years are counted from the date of the bite or attack. However, victims who have not filed a claim within two years are usually unable to obtain compensation for damages.
Consult a Dog Bite Lawyer
A team of experienced dog bite lawyers at Khashan Law has been successfully winning dog bite cases for our clients for several years. Dog bites are more than just broken bones or scars and wounds.
The emotional trauma and stress experienced after being bitten or attacked by a dog can last a lifetime. Our special team of dog bite lawyers has the knowledge and experience needed to represent clients and help them obtain fair compensation.