San Diego Dog Bite Lawyer
Helping Dog Bite Victims Recover Full and Fair Compensation for Their Injuries
Although many dog bite injuries may consist of minor nips, others can result in victims suffering serious injuries. California law stipulates that dog owners are held legally responsible when their animals attack others. In many instances, dog attack victims are left to deal with costly medical bills, lost wages, and post-traumatic stress disorder.
Finn Trial Attorneys APC is a law firm dedicated to helping San Diego dog bite victims recover compensation for their harm. Our San Diego dog bite lawyers also hold dog owners accountable for their actions or inactions.
If you or a family member have been injured in a dog bite attack, you must seek legal representation immediately. As with all personal injury cases, evidence can quickly disappear, and witnesses’ memories quickly fade. Contact our law office today to schedule a free, no-obligation consultation with a skilled dog bite lawyer who will gladly assess your case.
Does California Have a One Bite Rule?
In states following the one-bite rule, dog owners are only liable for injuries if their animals have previously bitten someone. The owner may also be held responsible if the animal has dangerous behavior. Unlike other states with a “one-bite” rule, California law mandates that dog owners are strictly liable for their victims’ injuries and other damages.
Under California law, whether the animal has previously bitten someone does not matter. The state’s strict liability law applies to dog bites in public or where the victim is legally allowed to be. The state’s law dictates that even if pet owners have taken proactive measures to keep others safe, they are still responsible for dog bite injuries.
California’s dog bite laws can be overly complex, and there are several situations where strict liability laws do not apply. However, even if the strict liability law does not apply to your situation, a skilled attorney may still be able to pursue compensation for your injuries.
If you are uncertain whether your dog bite injuries qualify for a personal injury claim, it is best to consult a San Diego dog bite attorney who will evaluate your case.
What are the Exceptions to California’s Strict Liability Law?
Even though state law dictates that dog owners are strictly liable for any injuries caused by their animals, there are specific exceptions.
Some common examples of when pet owners may not be held liable for a victim’s injuries include:
- The victim was trespassing on the dog owner’s property
- The individual being sued is not the dog owner
- The victim is partially responsible for their injuries after they intentionally provoked or harassed the dog
- The victim assumed the risk of being injured by the dog, such as in cases when veterinarians treat animals
- A police or military dog bit the victim while the animal was acting in the line of duty
Insurance companies often try to argue that dog bite victims have intentionally provoked a dog or assumed the risk of injury to minimize payouts. The best way to protect yourself from insurers’ tactics to deny claims is to hire a well-qualified attorney who will fight to safeguard your legal rights.
To learn more about dog bite liability laws and determine if you qualify to seek compensation for your injuries, contact our law firm and ask to speak with a San Diego dog bite lawyer who can answer your questions.
What Should I Do If I Have Been Bitten By Someone Else’s Dog?
If someone else’s dog has bitten you, there are specific steps you must take immediately to minimize your risk of infection and protect others from harm. The first and most crucial step is to seek medical attention immediately. Even if you do not believe the bite injury is life-threatening, it could lead to serious complications such as rabies or tetanus. It is recommended that you wash the wound with soap and water for at least five to 10 minutes and then be examined by a medical professional.
Other essential steps include:
- Contact your local animal control office and health department to report the bite
- Gather critical evidence, including pictures of the dog that bit you, your injuries, the name of the dog owner, and the dog breed
- Collect the names and contact information of any bystanders who witnessed the dog bite incident
- File a police report so you have legal documentation should you decide to file a personal injury claim
- Do not post details of the incident on social media. Insurance companies often scour social media pages to try and find statements and other evidence they can use to try and deny or reduce claims
- Contact an experienced San Diego dog bite lawyer who will determine your legal options
What Happens After a Dog Attack in California?
After a dog attack has been reported, the dog is usually quarantined to ensure it does not have rabies. In cases that are considered low risk, the dog may be quarantined at the pet owner’s home. However, if there is a high-risk threat, the dog must be quarantined at a shelter or veterinarian’s office.
The local animal control office will thoroughly investigate the incident. The investigation will include an animal control officer interviewing the victim and the dog owner. The animal control officer will evaluate the evidence and decide whether the dog should be euthanized or returned to the owner. If the animal has inflicted serious injuries on the victim or has bitten multiple victims in the past, it could face euthanasia.
Under the state’s liability laws, dog bite victims may seek compensation for medical treatment, emotional distress, and lost income. Depending on the severity of the attack, the dog owner could face additional fines and penalties.
If you have been injured in a dog attack, it is wise to have a skilled legal representative who can help you navigate the legal process. Whether you have suffered minor or severe injuries, knowing your rights is always in your best interest so you can make well-informed decisions.
What are the Most Commonly Reported Dog Bite Injuries?
Although all dog bite cases differ, there are several commonly reported injuries, which may include:
- Nerve damage
- Intense physical pain
- Deep puncture wounds caused by a dog’s teeth
- Cuts, tears, and skin lacerations
- Skin infections caused by the bacteria in a dog’s mouth
- Permanent scarring or disfigurement
- Broken bones or fractures, typically caused by larger dogs
- Psychological trauma, especially if a child was injured in a dog attack
Some dog bite incidents can lead to life-changing injuries that can result in amputations or organ loss. Some dog bite incidents can lead to life-changing injuries that can result in amputations or organ loss. Anyone involved in a dog bite incident should seek medical care immediately and contact a San Diego dog bite lawyer to help you recover compensation damages.
How Can I Obtain Compensation for My Medical Expenses After a Dog Bite Injury?
Dog bite cases often end with victims figuring out how to pay unexpected medical bills. In cases where victims have suffered serious injuries such as fractured or broken bones, they may require ongoing medical care that can quickly become cost-prohibitive.
If you have suffered a dog bite injury, state law allows you to file a personal injury claim to try and recover legal compensation for economic and non-economic damages.
Economic Damages
Economic damages are meant to reimburse you for the money you have paid out of pocket due to injury. Some of the most standard economic damages awarded to dog bite injury victims include:
- Past and present medical expenses
- Lost wages
- Loss of earning potential
An experienced dog bite attorney can also assess your injuries and argue that you need additional compensation to cover the cost of ongoing medical treatment.
Non-Economic Damages
Non-economic damages are compensation for intangible losses incurred due to your injuries and based on the unique facts involved in the case. Common non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional trauma
- Permanent disfigurement and scarring
One of the most considerable advantages of hiring a dog bite attorney is they will evaluate your claim to ensure you receive maximum compensation for your damages.
Can I Sue for Punitive Damages After a Dog Attack?
It is possible to sue a dog owner for punitive damages after being injured by their pet. However, California personal injury law dictates that plaintiffs must meet a strict burden of proof. Under state law, punitive damages are only awarded if clear and convincing evidence demonstrates that the dog owner acted with malice, fraud, or oppression. In other words, the dog owner knew their animal was aggressive and did not take proactive steps to prevent the dog bite. Punitive damages may also be brought against a dog owner if it can be proven that they intentionally commanded the dog to attack the plaintiff.
In California, a judge or jury can decide if you are entitled to punitive damages, and no set formula determines how much you could receive. Additionally, punitive damages may only be awarded if it is determined that the defendant has the financial ability to pay. Unlike other states, California does not cap punitive damages.
If you are unsure whether your case qualifies for punitive damages, contact Finn Trial Attorneys APC. Our knowledgeable dog bite attorneys will professionally evaluate your case and determine the appropriate damages for your needs.
Who Pays Dog Bite Claims?
Because of California’s strict liability laws, dog owners must cover an injury victim’s medical bills and other related damages. In most instances, the dog owner’s homeowner’s insurance coverage compensates in dog bite cases. Most policies provide liability coverage ranging from $100,000 to $300,000. It is important to remember that because every dog bite attack differs, any compensation that may be awarded will also vary.
Homeowner’s insurance will usually cover dog bites that may occur away from the dog owner’s property. For example, although most dog bites occur on private property, some occur at parks or other public areas. Usually, the policy terms will pay compensation as long as it is determined that the dog bite occurred due to owner negligence.
It should be stated that because California follows a comparative negligence doctrine, compensation can be reduced if it is determined that you were partially to blame for the dog bite. Because of state laws, the insurance company may try to assert that you provoked the dog so they can deny or try to pay less than your claim is worth.
At Finn Trial Attorneys APC, our legal professionals have the experience it takes to protect you from the standard tactics used by the insurance company. When you come to us for help, we can determine liability and help you begin the claims process.
What Should I Do if the Insurance Company Offers Me a Settlement?
Insurance carriers like to try to settle claims quickly by offering dog bite victims quick settlements. Most insurance providers realize that injured victims are tempted to take their initial offer so they can pay medical bills and recoup out-of-pocket expenses. However, in most instances, the insurance company’s initial offer does not account for future medical treatment or pain and suffering.
You should never agree to accept any settlement offer from the insurance company until a San Diego dog bite attorney has an opportunity to review it. You cannot pursue additional compensation once you sign the insurance claim release form.
A dog bite attorney will review the insurance company’s offer and determine whether it adequately meets your needs. If we agree to take your case, we will handle all of the legal issues with the insurance provider so that you can focus on your recovery. If the insurance company offers you less than what your claim is worth, we will negotiate with them to help you obtain financial compensation that will help you face the future confidently.
Why Should I Hire a San Diego Dog Bite Lawyer to Help Me File an Insurance Claim?
As with any legal issue, hiring an attorney to help you file an insurance claim is always in your best interest. Although California has stringent laws that dictate that dog owners are responsible for paying damages, insurance companies often try to claim that victims are somehow to blame. When you hire a dog bite lawyer, they will act as your legal advocate to ensure you are treated fairly.
Your lawyer will review the facts of the case and based on the evidence, will help you file a personal injury claim. The California statute of limitations only allows injured victims two years to file dog bite claims. An attorney can assist you with the legal paperwork and ensure it is turned in on time.
Even with the state’s strict liability laws, you must have evidence to substantiate your claim, such as medical records, police reports, and video surveillance, if available.
A lawyer will also be your legal advocate when negotiating with the insurance company. In most instances, an insurance provider is usually willing to pay claimants more if they know they have a lawyer representing them. If the insurance provider is unwilling to negotiate a fair settlement, your lawyer will take the case to trial to resolve your legal issues.
What Makes Your San Diego Dog Bite Attorneys the Right Option for My Legal Needs?
Finn Trial Attorneys APC is a law firm that proudly serves the needs of dog bite victims in San Diego County. We aim to help our clients hold dog owners accountable for their actions or inactions. Our attorneys and legal team realize that no compensation can compensate for the harm you suffered. Nevertheless, the only way to hold a negligent party accountable is often to file a personal injury claim to try and recover maximum compensation for your injuries and other damages.
We have the legal and financial resources to build a solid case and are fearless when dealing with the insurance company’s legal teams. Contact our law firm at 619-375-5105 to schedule an appointment with a San Diego dog bite lawyer who will gladly determine your legal options.