Evaluating Dog Attack Cases In California
California witnesses thousands of dog attack cases each year. The number of dog bite cases in Murrieta are very high. Victims of dog bite injuries are not aware whether they should file a lawsuit against the owners or the people responsible for the dog who attacked? Most victims are not able to receive an evaluation for their case, and they end up paying costs for their own losses and medical expenses, rather than receiving the deserving damages for the attack.
Each dog attack case is different from the other. Each case has different facts involving different types of people and different types of dogs, the dog bite injuries are also different. Hence it is very important that each and every dog attack case should be evaluated thoroughly by an experienced dog bite injury lawyer, before filing a lawsuit or undertaking any legal action. If you have been a victim of dog bite case in Murrieta, contact Khashan Law for further guidance on your case.
Below mentioned are criteria, which a victim or his family can evaluate and decide whether they should proceed with a lawsuit or not:
Any evaluation of a dog attack case, firstly depends on the facts. Some of the questions which can help in gathering the facts are:
- Where was the god bite injury sustained?
- Was it on public property or private property?
- Was the victim attacked because of trespassing?
- What was the breed or type of dog?
- Did the victim do anything to provoke the dog for attack?
- Was medical treatment received by the victim after the attack?
- What kind of dog bite injuries were suffered?
A dog bite injury lawyers can file a lawsuit depending on the actual facts of the incident collected. Once the facts are collected, they then start the analysis of the dog attack case.
While gathering facts regarding the dog attack case, it would be really helpful if there are witnesses to the incident. These witnesses can speak for the victim and mention what actually happened and how the victim was wronged and attacked without any fault of his.
The evaluation of a dog attack case is dependent on the possible liability of the defendant. California is a strict liability jurisdiction, therefore in case of dog attack, the dog’s owner will be held liable, excluding a few exceptions. Some of the exceptions found in Civil Code 3342 are when:
- The victim was trespassing on private property,
- The dog which attacked was a law enforcement animal
- The victim was partially at fault for the injuries
A dog bite injury lawyer also needs to analyze whether the dog’s owner, or the person responsible for the dog at the time of attack, was insured at the time of the attack. Though the absence of insurance cannot stop the victim from filing a lawsuit and claiming damages, however the absence of insurance can surely limit the amount of damages the victim can recover. In most cases homeowners always have insurance coverage and many people staying on lease or rent too have insurance as well, but it is still necessary to know about the insurance coverage of the liable party, as it helps in raising the level of potential recovery.
Every dog bite injury case involves damages. A person will not undertake a legal action, if he/she has not suffered a loss of any kind. A victim of dog attack case can face losses like
- Medical costs, present and future
- Loss of wages or income or job
- Physical and psychological pain and suffering
There are many other, but above mentioned are the most common types of damages claimed in case of dog bite injuries. A victim may not be aware about the amount of damages that could be claimed, a dog bite injury lawyer can help them to understand their case and what damages can be claimed. The damages will include all the losses which are actually incurred and also the costs which are expected to arise in the future.
Khashan Law are experienced dog bite injury lawyers, having a special team of dedicated lawyers for dog attack cases. We have handled a number of dog bite cases throughout the State of California successfully. Our lawyers can help you evaluate your case and help you determine the potential claim amount for damages. If you or your family member has been injured in an attack, schedule a free initial consultation with us by contacting the firm at (844) BITE-LAW that is (844) 248-3529.