Everything You Need to Know About Animal Attack Cases

Everything You Need to Know About Animal Attack Cases

Every year, tens of thousands of people in the United States are bitten or wounded by dogs and other animals. While many of those hurt are not gravely harmed, many are seriously injured, and some tragically end up as a fatality.

If you or a loved one have been an animal attack victim, you can seek legal help to get compensated. We will be answering some frequently asked questions about this topic in the article below.

What Do You Do When You Get Attacked by an Animal?

If you've been injured in an animal attack, the first thing you should always do is seek medical attention. It's critical to learn as much as possible about the animal that injured you, as well as its caretaker.

Try to remember details about the animal, such as its breed, color, gender, and unusual identifying marks. If possible, try and get the name of the dog's owner. In the event of an animal attack that you cannot identify, your doctor may require a rabies vaccination.

What Can You Do If a Dog Has Injured You?

If a dog bites you, you have a few alternatives. For starters, you can file a claim with the insurance company of the dog's owner.

If the dog is owned or maintained on the property, most homes insurance plans will cover a dog bite claim. While most of these plans cover bites within the property, many policies will also cover a dog bite that occurs off of the property.

When negotiating with the insurance company, the knowledge and experience of a personal injury lawyer can be invaluable in securing reasonable compensation.

An additional option is to sue the dog's owner or caregiver. Dog bites aren't the only form of dog-related injury that these claims in some states can cover. It is critical to have a dog bite lawyer on your side because they know the appropriate laws in your state, how to calculate damages, and how to best present evidence.

How Do You Present a Claim for Injuries?

If a dog bites you or a loved one, you may be able to sue the dog's owner and their homeowner's insurance company for damages.

Make sure you know that the insurance company will likely try to convince you that you do not need an attorney. They may not be willing to pay in advance for treatment and will only repay the sums you have paid out of pocket.

It’s best to hire an experienced personal injury lawyer to help you. Don't listen to an insurance company with its own motives conflicting with yours.

Do You Need to Prove That the Attack Was Vicious for a Claim?

The answer to this question may depend on the breed of a dog or other animal. Certain dog breeds and animal species are considered dangerous, and the owner will be liable for not keeping the animal in control.

The owner will likely be held accountable if the animal has demonstrated hostility in the past or is a guard dog, fighting breed(such as a pit bull), or has a history of attacking people.

On the other hand, the dog's owner may be able to claim ignorance of the dog's vicious tendencies if you are bitten by one who has never shown any symptoms of hostility or aggression.

It is always advisable to consult an attorney before pursuing any claims resulting from an animal attack to know the full extent of your legal options.

How Do You Prove Liability?

Your state's laws and the strength of your case will determine whether or not you may hold someone responsible for your dog bite injuries.

It's customary law in several places that if the owner knew or had cause to know their dog was dangerous, such as if it previously bit someone, they are liable under the so-called "one-bite" rule.

According to the existing dog bite and negligence laws, dog owners are responsible for preventing their pets from inflicting injury on others.

Guests, employees, and members of the general public who visit the private property or public space are all included in this. The owners of especially hazardous animals or certain dog breeds are held liable under state and local legislation that requires them to keep their pets on a leash at all times.

Other than dog owners, other people involved may also be held liable for the injury. An example would be a parent or caretaker of a dog-owning minor who was negligent with their pet dog.

What Are the Defenses They Can Use in a Dog Bite Case?

Dog bite defenses differ from state to state, but some of the more popular ones that the accused often use include the following:

●       The injured person is trespassing on a property that they were not legally allowed to be

●       The injured person has provoked the dog, and the dog was only acting aggressively after being threatened

●       The dog owner has provided adequate warnings regarding the aggressive dog, and the injured person disregarded these warnings

You may have to prove that the injury was not your fault and that you were not trespassing on someone else's property when it happened.

What Types of Compensation Can You Ask For?

The circumstances of the case will determine the answer to this question. You may be eligible to receive compensation for your medical bills and missed pay if your injuries prevent you from returning to work.  

If the attack has left you physically damaged or deformed, you may be able to recoup cosmetic surgery costs. Depending on the circumstances, you may also receive compensation for your pain and suffering and, in some situations, additional damages to punish the owner.

What Will Happen to the Animal That Caused the Injury?

If the dog that attacked was a well-behaved family pet with no history of previous assaults, the dog and its owner are likely to escape without any consequences. However, if the dog has a history of attacking humans, the authorities may determine that it is a risk and "put it down."

An animal owner that causes death or severe harm can be held criminally accountable.

Will the Owner of the Animal Pay For Damages?

Coverage is provided through the owner's house insurance policy in most cases. Homeowner's insurance usually covers pet-related injuries, and some people even purchase separate insurance for their animals.

Even if the pet owner isn't covered by insurance, they are still liable for any damages. There should be no financial burden on the victim, as your injuries are not your fault, and you should not have to pay for the costs.

Conclusion 

Many different questions can arise in a dog bite case, whether it be how insurance companies will handle a claim or whether you can sue the dog owner. These questions, and many others, should be answered by a qualified dog bite lawyer.

It is critical to have a lawyer on your side because they know the appropriate laws in your state, how to calculate damages, and how to best present evidence.

Are you looking for a personal injury attorney in Los Angeles? Mendez & Sanchez Law has a qualified team to help you navigate the complex legal landscape. Tell us about your case today!

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