After a serious dog attack injury: should you consider legal action?

Consequences of a serious dog bite or dog attack

A severe dog bite attack can leave a person with devastating, life-changing injuries. A person who has suffered severe dog bite injuries may face a hospital stay and possible multiple plastic surgeries to restore appearance and reduce scarring. Treatment can painful, and expensive.

Even with dedicated medical care and skilful plastic surgery, a dog bite victim may face serious scarring that will persist for the rest of the victim’s life. The victim may also suffering continuing psychological problems in the form of post traumatic stress disorder from the events of the attack, and depression, anxiety, and compromised self esteem as a result of disfigurement.

More than 16 people die in the US each year from dog bite wounds, the majority of them young children. These deaths are heart-wrenching to parents and other family, the more so because most dog attacks are highly preventable.

After dog attack injuries your first concern must be getting the best medical and rehabilitative care for yourself or your child, and the best possible resolution of the physical and psychological injuries. During this process, as you or your loved one face the changes ahead you will likely begin to think about how you will deal with the financial and personal consequences.

If you or a loved one has suffered injuries in a serious dog bite attack, or if you have lost a child or other loved one because of a dog attack, you may be experiencing significant changes in your psychological health and your ability to enjoy your life. An experienced dog attack attorney knows what dog attack injuries can mean to a person and their family and can help them think through their needs.

Should you consider legal action?

Under California law, dog owners are liable when their dog bites someone while in a public place, or while a person is lawfully in a private place. There is no responsibility-free bite. The attack victim does not have to prove fault or negligence. Dog owners have also been held responsible when the dog was not actually successful in biting its victim, but the victim was injured while trying to escape the dog’s attack.

Many California counties, including San Diego, have leash laws that require dogs to be restrained by a leash six feet or shorter. Violation of leash law provides another basis for holding the dog owner responsible.

A person who has suffered severe dog attack injuries as a result of another person’s negligence may have the right to compensation. Compensation may include reimbursement for medical and hospital bills, rehabilitation costs, lost wages and earning power, pain, and other physical distress, and psychological suffering and the loss of well being as a consequence of injuries and losses. A person whose beloved child or other loved one has died as a result of a dog attack may also have a right to compensation and redress.

Many serious dog attack injuries and deaths are caused by the negligence or misconduct of another person, such as the animal’s owner or a landlord or other property owner. Negligence is conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. Misconduct is improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. For example, a landlord may be responsible if he fails to eliminate a dangerous dog from his property or permits the property to deteriorate so that the dog escapes.

If your dog attack injury occurred as the result of another’s negligence or misconduct, an attorney experienced in dealing with dog attack cases may be able to achieve a settlement that will recover your medical and rehabilitation costs, both current and future.

If you decide to pursue legal action, you should contact a dog bite attorney as soon as possible for review of your situation. Every state has deadlines, called statutes of limitation, which regulate the filing of lawsuits. These vary from state to state. If you or a loved one have suffered a serious dog attack injuries and feel that negligence or misconduct were involved, you should not delay in contacting a dog attack attorney. If the statute of limitations expires, your right to pursue a claim may be forever barred.

The usual arrangement for hiring a lawyer in a dog attack case is a contingent fee agreement. The dog bite attorney agrees to be paid a fee only if the client's case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The dog attack attorney then receives a percentage of the final amount recovered. If there is no recovery, there is no fee. This fee arrangement is helpful for most people with a serious dog attack injury because it does not require the person bringing the case to pay any money up front. Often the attorney may also be able to front part or all of the costs of litigation until the conclusion of the case.

If you or a loved one has suffered a serious dog attack, you should immediately contact a plaintiff’s law firm that handles dog attack injuries. When you contact Casey Gerry, one of our experienced dog attack lawyers in San Diego will discuss your case with you to help you determine the best way to proceed. Casey Gerry would be pleased to be among those that you interview and would be honored to be the firm you select.