The U.S. Centers for Disease Control (CDC) had reported over 4.5 million people are bitten by dogs every year in the U.S., with over 800,000 instances where medical attention is needed. The common victims of dog bites are children.
On average, roughly 30 to 50 people die from dog bites each year in the United States, according to the National Library of Medicine. Dog bite incidents can lead to severe physical and emotional harm. Dog bite victims often face medical expenses, emotional distress, and sometimes even long-term injuries.
Personal injury lawyers are very helpful in addressing the complications of dog bite cases. According to a personal injury lawyer in Albuquerque, they can help you understand local laws, gather evidence, and negotiate with insurance companies. In this article, you will learn more about how a personal injury lawyer handles dog bite claims.
Understanding Dog Bite Laws and Liability
The laws that govern dog bites and determining liability are key considerations for all parties involved in dog bite cases. Dog bite rules can vary by state and affect how liability is determined.
In certain states, the “one-bite rule” works, and liability may not arise if the dog had not previously bitten somebody. Other states impose strict liability, holding the owner responsible regardless of the dog’s past behavior.
Check whether the victim was a trespasser or provoked the attack, as either scenario may affect liability. Knowing this information can help one assess the issue and decide whether to prosecute or consult a personal injury lawyer.
Initial Consultation With a Personal Injury Lawyer
What role does an initial consultation with a personal injury attorney play in resolving a dog bite claim? Your first meeting with your lawyer can teach you about your legal rights and case details.
According to dog bite lawyer Mike McLachlan, you should learn about the significant differences between state dog bite laws during the initial meeting. Your lawyer will examine the limitations of your case to determine the speed at which you can receive compensation.
The meeting can prove the validity of your case, emphasizing the importance of knowing what happens next.
Gathering Evidence and Documentation
Compiling evidence and documentation is critical in developing a strong claim after being bitten by a dog. The collected evidence and documents will serve as the case’s foundation. Obtain copies of relevant medical records, including details of the injuries sustained, treatments administered, and anticipated medical needs.
Immediately photograph the wound and the place where the incident occurred. Pictures of the injury and the accident area can serve as powerful evidence. Get witness statements that corroborate your statement and support your claims.
If possible, include records of the dog’s proof of ownership and vaccination history. Keep track of all correspondences with the dog owner and the insurance company.
Maintain a well-documented list of every expense related to your injury, including medical bills and lost wages. Extensive documentation will increase your chances of success and allow your lawyer to handle the case more efficiently.
Negotiating With Insurance Companies
Talking to insurance companies can be overwhelming and adds to the stress of a dog bite incident. People who are inexperienced with insurance company negotiations will likely be confused with the necessary paperwork and insurance adjuster tactics.
Know your rights and clearly present the facts in your case. Gather medical records and photos of your injuries to reach an evidence-based conclusion. Use the evidence you have collected to clearly present a detailed claim regarding your injuries and damages.
Expect low initial offers. Ask a personal injury lawyer to help you contest the offer and provide thorough documentation to support your losses.
Be patient. Your legal counsel’s main goal is to help you receive proper compensation. If you feel that the process is too difficult and confusing, consult a personal injury lawyer to understand it and secure fair compensation.
Pursuing a Lawsuit if Necessary
If negotiations do not result in a settlement with the insurance company, you might consider litigation. A lawsuit requires your personal injury attorney to file a complaint with the court outlining your claims and losses. To build a strong case, your lawyer will compile evidence such as medical records, witness statements, and event photographs.
Once your case is filed, both sides will conduct discovery, sharing evidence and information. You could even have depositions where both parties will swear to examine witnesses.
Your lawyer will guide you through each step of the process and advocate for your best interests.
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