When you suffer a small puncture or significant damage from a dog bite incident, the experience can be traumatic. In addition to dealing with medical bills and physical recovery, you could find yourself facing mental and emotional complications, including nightmares, anxiety, phobias, and more.

The last thing you need in these kinds of situations is a fight over whether or not the dog’s owner is liable for the costs associated with the bite. Unfortunately, owners may come up with all kinds of excuses, even blaming you — the victim — for the attack.

What can you do to ensure that your medical expenses are covered and you’re compensated for the trauma you suffered? Here’s what you need to know about filing a personal injury claim after a dog bite.

Understanding Strict Liability

In some states, you are required to prove negligence on the part of the dog’s owner, while other states have “one bite” rules that say an owner may not be liable if there’s no history of biting.

California, however, operates under “strict liability” standards. This means that a dog owner is automatically liable if their dog bites someone, provided that certain criteria are met. For example, the victim must have been in an area that they were legally allowed to be in and must not have provoked the dog.

It doesn’t matter if you’re walking down the street in Los Angeles or ringing a doorbell. If a dog attacks you unprovoked, the owner is likely to be liable for covering any resulting injury costs.

Statute of Limitations

In the state of California, you have two years from the date of the dog bite incident to file a personal injury complaint in court. Many victims will first try to work with the dog’s owners and their insurance providers to get medical and other costs covered.

If the owner fights your claim or the insurance provider gives you the runaround, you may have no choice but to take your claim to court. If you file a claim after the statute of limitations has expired, your case will likely be dismissed, so it’s crucial to know your deadlines and to seek the help of a qualified lawyer who is knowledgeable about California state laws.

Filing a Claim

Following a dog bite incident, you’ll want to take steps to solidify your claim, including filing a police report and seeking medical attention. It’s important to document what happened in order to secure the compensation necessary to cover medical expenses. It’s a good idea to take photographs and gather witness statements, too, if possible.

From there, you can file a claim with the dog owner’s insurance provider. Typically, this type of liability is covered by a homeowner’s or renter’s insurance policy. However, there are limits to what these policies will cover. The policy may fully cover incidents that occur on the owner’s property, but only partially cover incidents that occur at other locations (if the dog is being walked around the neighborhood or escapes the yard, for example).

Some policies also exclude certain dog breeds that are thought to be aggressive (like pit bulls), and often, they will only cover the first bite incident, so if the dog has a history of biting, they won’t continue to provide coverage after the first payout. All of these factors could mean that the dog owner is personally liable for costs, and many owners won’t want to pay out-of-pocket.

Fighting Owners and Insurance Providers

If you file a claim with an insurance provider and you find that the policy doesn’t cover your costs or they try to delay and deny your claim, it’s time to file a personal injury claim in court with the help of a qualified and experienced Los Angeles attorney.

When you’re recovering from the trauma and physical injury of a dog bite, the last thing you need is a court battle over who’s going to pay your medical bills and other expenses. You need a trusted law firm that offers personalized, compassionate care and has the expertise to secure the settlement you deserve. You want a results-driven firm that has a successful track record of wins. It’s also important to work with a firm that charges no fees unless you reach a settlement or a win.

If you’re the victim of a dog bite and the pet owner or insurance provider are giving you the runaround, it’s time to contact the experts at Law Brothers. You can reach us at 888-778-8888 or go online to schedule your free consultation. We Fight. You Win. They Pay.

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California Dog Bite Law

California is quite clear about how it assigns liability when dogs bite people. It holds the dog owner responsible for the injuries that an aggressive dog causes to a person when he bites that person. The only exception to the rule is when the dog is a police animal, and he bites a person who is involved in criminal activity. Military animals who attack in their course of duty fall into the same category. Otherwise, the state will require the pet owner to pay for the victim’s damages. A dog bite lawyer is someone who can help a victim like that collect his or her compensation for the injuries.

Six Signs of a Dangerous Dog

The following are some of the most common sign of a dangerous dog. Beware and take special care of yourself if you notice such behaviors:

Growling

A growl is usually a sign of aggression in a dog no matter what the circumstances are. If you hear growling, it usually means that a dog is either angry or scared and he may attack whoever is making him feel that way if provoked further.

Barking

Excessive barking can be a sign of an aggressive dog, though barking is not always necessarily an aggressive gesture. Dogs generally bark because it gives them pleasure to do so, but if a dog is allowed to bark excessively without being controlled, it may lead to aggression. A person who comes across dog that is barking excessively should assume that the dog is aggressive for the sake of their own safety.

Freezing

Freezing, also known as posturing and posing, occurs when a dog gets close to a person and then freezes in that spot and stares. It’s usually not a good sign, and it indicates that the dog is probably going to lunge out of that stance and bite whoever is in its path.

Lunging

Lunging is jumping forward at an object or a person in an aggressive fashion. Barking and growling may come before, after and during a lunging episode. Biting may also come along with it, as well.

Teeth Clenching

Teeth clenching or exposure is a sign of aggression. Many dogs show their teeth, or they clench them when they are getting ready to fight another dog. They may do this with a person, as well, and it’s a sign of an impending attack.

Direct Eye Contact

Any direct eye contact from a dog that occurs when a person is not speaking to the dog could be a sign of an upcoming attack. The dog may interpret the stare as a challenge and start attacking.

How to Prevent Dog Bites

If you are around a dog who is exhibiting any of the above behaviors, you will need to remove yourself from the dangerous situation as quickly as possible. It may be a good idea for you to leave the premises that you’re at. Try to back away from the situation slowly so that you do not upset the animal. If the owner is reasonable, you can try to talk to him about making sure that he contains or restrains his pet.

If you’re a pet owner, you should react by keeping your dog leashed so that it cannot harm another person even if it wants to do so. You should pay close attention if the dog has exhibited any aggressive behaviors in the past.

Contact a Dog Bite Lawyer

If you or someone you know has been attacked by a dangerous dog, you must contact a dog bite attorney as quickly as possible. You’ll be invited to a consultation during which you can tell the attorney what happened to you. He will let you know if you have a case, and then you can decide if you would like him to help you win the monetary compensation that you deserve for your trouble. The efforts can immediately begin if you decide to trust this person to watch out for you. You may be surprised at how rapidly you can get the funds that you deserve.

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