Dog bites and animal attacks are some of the most traumatizing and terrifying experiences you can go through. Though many families keep domesticated pets, and dogs are commonly known as being “man’s best friend”, it is important to remember that they are still animals. They cannot stop themselves from acting on instinct. If an animal feels threatened or is in an environment that is violent or aggressive, they will often respond accordingly.
That is why when you suffer a critical dog bite injury, the dog’s owner or other liable party should be held accountable. When you take legal action, you can demand full and fair compensation for your damages. With the support and legal advice of your premier Garden Grove dog bite lawyer from Text Kevin Accident Attorneys, you do not need to accept the dog owner’s negligence. Contact our law office and request a free consultation today to learn more about how California dog bite laws work and what to expect from your personal injury claim.
California Dog Bite Laws
Every state has different ways of approaching dog bite claims. In some states, dogs are given one “free” bite. This means if the dog has never bitten, attacked, or shown a propensity towards violence or aggression, and ends up biting or attacking someone, the dog’s owner may be able to avoid liability since they had no reason to believe the dog would become aggressive. However, one could argue that dog owners never know how an animal will react, which is why it is up to them to maintain control over their pets.
Thankfully, California does not follow the one-bite rule. Instead, the state follows strict liability laws per California Law Section 3342.5. Dog owners will always be held accountable for their animals and are expected to maintain control over them at all times. Failure to do so could be considered negligent and leave the dog’s owner open to liability for the injury victim’s damages.
Dog Owners Will Try to Escape Liability
No matter what type of accident you are involved in, it should come as no surprise that the liable party will do everything possible to avoid paying out on your claim. Dog owners are no exception. There are many ways that dog owners try to avoid being held accountable for an injury victim’s medical bills, emotional distress, and physical injuries.
They’ll Accuse You of Provoking the Dog
Do not be alarmed if the dog owner accuses you of provoking the dog into acting aggressively. This occurs often in cases where children are bitten or attacked. If the dog was provoked, the dog owner may not be 100% at fault for the injuries the victim sustained. Examples of behaviors that could be considered provocatory include:
- Biting the dog
- Hitting the dog
- Throwing things at the dog
- Punching the dog
- Kicking the dog
- Screaming at the dog
- Threatening the dog
- Spitting at the dog
If you were minding your own business and accidentally stepped on a dog’s tail, tripped over the animal, or did something unintentionally that caused the animal to feel threatened, this would not be considered provocation. Your dog bite lawyer in Garden Grove will be prepared to challenge the defendant’s provocation claims with powerful supporting evidence.
They’ll Say You Were Trespassing
Another way defendants try to escape liability is by accusing the injury victim of trespassing on their property. Many dog owners have dogs specifically to protect themselves. Dogs may be trained to attack people who are perceived to be a threat. However, if you were an invited guest at the dog owner’s home or in a public space, this argument may not be effective.
How to Make the Dog Owner Pay
Taking legal action against the dog’s owner may be your only opportunity for justice. Dog owners rarely, if ever, face criminal charges when a dog bites. You may have heard stories of dog owners facing negligent homicide or assault charges, but these cases are few and far between. If you hope to bring the dog’s owner to justice, you are going to have to take matters into your own hands. The best way to accomplish this goal is by exercising your legal rights. There is no one-size-fits-all approach to injury claims, but most injury victims fight for the compensation they deserve by filing a claim with the insurance company or pursuing a personal injury lawsuit.
File a Claim Against Their Homeowner’s Insurance Policy
Most responsible dog owners have some type of insurance coverage. Some dog owners will have homeowners insurance, renters insurance, business insurance, or even general liability insurance coverage, depending on the circumstances of your case. Many of these insurance policies will offer protection if the policyholder’s dog bites or attacks. However, it is important to keep in mind that insurance settlements can be notoriously complex.
The insurance company will lose money by paying out on your claim. They will look for any opportunity they can find to reduce your settlement or refuse to pay out on your claim altogether. One of the most common reasons for claim denials in dog bite claims are breed exclusions. Some insurance companies may be able to deny paying out on a claim based on the breed of the dog. Many insurance policyholders do not realize their insurance policies have excluded their dog breed from coverage or simply do not care. If this is the case, you may not be able to recover a settlement from the insurance company at all.
However, even if the policyholder’s dog breed is not excluded, you should expect some pushback from the insurance company. The insurance company will only pay you for the covered losses included in the dog owner’s policy. Do not expect to receive compensation for intangible damages like emotional distress, pain and suffering, or reduced quality of life. The insurance company will likely cover property damages and medical expenses, but not much more than that.
Take Them to Court
If an insurance settlement is not enough to cover the total value of your dog bite injury damages, you can still file a claim in civil court. Under Page 230 – CACI No. 400. Negligence, you have the right to be repaid in full for your damages. There is no limit on the amount of compensation you can be awarded for your dog bite injuries through a personal injury claim. Examples of potentially recoverable damages include:
- Diminished quality of life
- Loss of companionship and love
- Pain and suffering
- Disfigurement and skin scarring
- Loss of future potential earnings
- Lost income
- Mental anguish and emotional distress
Do not be afraid to take advantage of every opportunity to make the dog’s owner pay. You have the right to be repaid for the total value of their damages. If that means you need to file a claim against the dog owners’ homeowners insurance, auto insurance, and a personal injury lawsuit to maximize your settlement, then that is what needs to be done to ensure you are made whole.
Will I Need Reconstructive Surgery After a Dog Attack?
It is difficult to say whether your injuries will require reconstructive surgery. When a dog attacks, their teeth and nails can shred human skin and cause serious infections. If your lacerations or puncture wounds caused disfigurement, your healthcare provider may recommend reconstructive surgery to help improve blood flow, promote healing, and make it easier for you to look at yourself in the mirror every day which could do wonders for your mental health.
If your dog bite injuries do require reconstructive surgery, get the costs of your medical care taken care of by the dog’s owner or other liable party. We strongly discourage our clients from accepting lump sum settlement offers. If you accept a lump sum and require additional medical care after the fact, the insurance company will not be responsible for any further costs.
Garden Grove Dog Bite FAQs
When you think of a dog bite, you might assume that we are talking about simple puncture wounds on an arm or leg. However, the injuries that a victim sustains in dog bites and animal attacks are often catastrophic. Animals can be downright vicious when they are acting on instinct, and this is reflected in the injuries victims endure. Potential injuries could include:
- Infections
- Septic shock
- Traumatic brain injuries (TBI)
- Facial injuries
- Disfigurement
- Post-traumatic stress disorder (PTSD)
- Puncture wounds
- Internal bleeding
- Broken and fractured bones
- Neck injuries
- Amputation
- Paralysis
- Extreme depression and anxiety
If you suffered a different type of injury when you were attacked by a dog, you may be wondering whether you have the right to sue. It is important to remember that your grounds for a claim are not based on the type of injury you suffer. Your dog bite lawyer in Garden Grove with Text Kevin Accident Attorneys will be looking at the severity of your injuries and their impact on your life. What may be considered a minor injury to one person could be catastrophic for another. Find out whether you have the right to take legal action when you contact our legal team for a free case evaluation.
You do not need to worry about how much it will cost you to hire a Garden Grove dog bite attorney when you choose Text Kevin Accident Attorneys to represent you. We work for our clients on contingency. Per Rule 1.5 Fees for Legal Services by the State Bar of California, contingency agreements give you the chance to hire a personal injury lawyer without paying any upfront costs. After all you have been through, figuring out how you will afford to hire a lawyer should not be something that keeps you up at night.
We will pay for every expense that comes up as we move through the claims process. If we win, you can pay our attorney’s fees directly from your dog bite settlement. If we lose, you do not pay anything. You will never have to worry about having your account sent to a debt collector or garnishment. This is a risk-free opportunity for you to demand the dog’s owner be held accountable for their negligence.
Time is limited to file a dog bite lawsuit in Garden Grove. According to the California personal injury statute of limitations under California Code of Civil Procedure § 335.1, claims must be filed within two years of the accident date. If your dog bite claim is not filed before time runs out, you may miss out on compensation you could have been awarded with a successful lawsuit. Fortunately, there are limited circumstances that could temporarily pause the statute of limitations countdown. The statute of limitations could be tolled in your case if:
- Your minor child was attacked or bit by a dog
- The dog’s owner lives in another state
- You or your child were not diagnosed with dog bite injuries until a later date
The exact claim filing deadline may not always be clear. Contacting your Garden Grove dog bite lawyer from Text Kevin Accident Attorneys is the best way to get the insight you need and explore your legal options for financial relief.
Do not panic if the liable party tries blaming you for your burn injuries. This is a common tactic used by at-fault parties to avoid financial liability. By blaming you, they can increase the likelihood that your settlement will be reduced. You are only entitled to compensation for the portion of the accident that was not your fault. According to California Civil Code 1714, under the state’s pure comparative negligence laws, your percentage of liability will be taken out of your award.
For instance, if you were involved in a car accident and suffered devastating third-degree burns when the vehicle went up in flames, the liable party may accuse you of contributing to the accident by driving 5 mph over the speed limit. If the judge agrees and finds you partially liable, they may determine that you are 5% responsible for your burn injuries. If you were awarded a $500,000 settlement due to the involved parties negligence, instead of receiving the full $500,000, you would only be entitled to $475,000, a $25,000 loss due to your shared liability.
There is no way to know for sure whether punitive damages will be awarded for your dog bite injuries. Typically, according to California Civil Code Section 3294, punitive damages awards are only issued if the defendant’s conduct is deemed egregious, intentional, reprehensible, malicious, or grossly negligent. If a dog owner accidentally lost control of their leashed dog, who caused your back injuries while running away, punitive damages may not be appropriate. However, if you were viciously attacked by a dog who was declared dangerous, the dog owner’s actions could certainly be considered grossly negligent, which could warrant a punitive damages award.
Connect With a Compassionate Dog Bite Attorney in Garden Grove Today
Whether you suffered a critical back injury, lacerations that resulted in septic shock, or puncture wounds that led to organ damage and internal bleeding, the injuries you sustained will likely have a significant impact on your life for years to come. The emotional trauma alone could lead you to develop a fear of dogs, post-traumatic stress disorder (PTSD), and extreme anxiety. With damages like these, it is critical that we fight for the compensation you deserve.
No amount of money will change your experience, but when you have financial support, not only can you cover your costs, but you can begin to move forward with your life without financial worries. Do not let the dog’s owner get away with it. Hold them fully accountable for their negligent actions. Meet with a dedicated Garden Grove dog bite attorney from Text Kevin Accident Attorneys to discuss your options for legal recourse. You can schedule your no-cost, risk-free consultation as soon as today by calling our office or filling out our quick contact form.
