Why Hire a Bakersfield Dog Bite Attorney?
Dog bite claims may appear straightforward, but dealing with insurance companies can be challenging. A dog bite lawyer can step in and help by:- Investigating the attack: A lawyer can gather evidence, interview witnesses, obtain animal control records, and determine why the attack occurred and who is at fault.
- Calculating your damages: A lawyer can evaluate your medical expenses, lost wages, future treatment costs, and other losses to determine the value of your claim.
- Handling insurance negotiations: Insurance companies’ goal is to minimize payouts to injury victims. A lawyer can work to negotiate a fair settlement on your behalf.
- Filing a lawsuit: If settlement negotiations fail, a lawyer can help you pursue compensation through litigation.
What Types of Damages Can You Recover?
You can recover a wide range of economic and non-economic damages in a dog bite case, including:- Medical expenses: You can recover compensation for emergency treatment, hospitalization, surgeries, medications, rehabilitation, and follow-up care.
- Future medical treatment: You can seek compensation for anticipated medical needs, including reconstructive procedures and ongoing therapy.
- Lost income: You can recover wages you lost while you were unable to work because of your injuries.
- Reduced earning capacity: You can pursue compensation if your injuries affect your ability to earn a living in the future.
- Pain and suffering: You can seek damages for the physical pain and discomfort caused by the attack.
- Emotional distress: You can recover compensation for anxiety, depression, fear of animals, and other psychological effects of the incident.
- Scarring and disfigurement: You can pursue compensation for permanent physical changes and visible scars caused by the attack.
- Property damage: You can recover the cost of repairing or replacing personal property damaged in the incident.
- Punitive damages: You can potentially recover punitive damages in cases involving particularly reckless or intentional misconduct from the other party.
How Long Do You Have to File a Dog Bite Claim in California?
According to CCP § 335.1, dog bite victims typically have two years from the date of the attack to file a lawsuit seeking compensation. Failure to file before this deadline may result in you losing your ability to recover damages. Certain exceptions can apply, such as if minors are involved or injuries aren’t discovered right away. A Bakersfield personal injury lawyer can help make sure you file on time.Who Is Liable for a Dog Bite?
While dog owners are generally the primary defendants in these cases, other parties may sometimes share liability, depending on how the attack occurred. Potentially liable parties may include:- Dog owners
- Property owners who knowingly allow dangerous animals on their premises
- Landlords in situations involving dogs known to be dangerous
- Dog sitters or caretakers
- Animal boarding facilities
- Pet walkers
- Businesses that keep guard dogs
- Homeowners associations (in limited circumstances)
California’s Dog Bite Laws
California enforces a strict liability law for dog bite cases, which means dog owners are financially responsible for victims’ injuries regardless of whether the animal had previously demonstrated aggressive behavior. Unlike states that follow a “one-bite rule,” California generally does not require victims to prove that the owner knew their dog was dangerous. To establish liability for a bite, you must prove that:- The defendant owned the dog.
- The dog bit you.
- You were in a public place or lawfully on private property when the bite occurred.
Common Causes of Dog Attacks
While any dog can bite someone, many attacks occur because of preventable factors. Common causes of dog attacks include:- Lack of proper training
- Failure to use a leash in public areas
- Inadequate fencing or containment
- Negligent supervision of aggressive dogs
- Allowing dangerous dogs to roam freely
- Abuse or mistreatment of dogs
- Failure to comply with local animal control regulations
- Improper socialization with people and other animals
- Dogs escaping from yards or homes
- Ignoring previous signs of aggression
Injuries Commonly Caused by Dog Bites
Dog attacks can result in severe, long-lasting injuries. Children are particularly vulnerable because of their smaller size and limited ability to protect themselves. Some of the most common dog bite injuries include:- Puncture wounds
- Deep lacerations
- Torn muscles and ligaments
- Broken bones
- Facial injuries
- Nerve damage
- Hand injuries
- Eye injuries
- Infections
- Rabies exposure
- Permanent scarring
- Disfigurement
- Psychological trauma
- Post-traumatic stress disorder (PTSD)
What to Do After a Dog Bite in Bakersfield
The actions you take after a dog attack can affect your ability to recover compensation. You should:- Report the attack to local authorities or animal control.
- Trade contact and insurance information with the dog’s owner (if possible).
- Take photographs of your injuries and the scene (if you are able).
- Obtain contact information from witnesses.
- Seek immediate medical attention.
- Save any damaged clothing or personal property.
- Follow your doctor’s treatment plan.
- Keep records of your medical expenses.
- Avoid discussing the incident with insurance adjusters until you talk to a lawyer.
- Reach out to a dog bite attorney in Bakersfield to get help with your personal injury claim.
