If a dog has bitten you, you may be wondering what happens next. Dog bite injuries can be painful and stressful. Depending on your situation, you may have the right to file a dog bite claim against the dog owner.
Richardson Richardson Boudreaux helps dog bite victims understand their rights and guide them through the legal process. We know how overwhelming it can be, but we are here to support you every step of the way. Our experienced dog bite lawyers work to get you the compensation you deserve for your injuries, medical bills, lost wages, and emotional distress.
Understanding the legal steps and your options can make a difference in the outcome of your dog bite case.
Understanding Liability in Dog Bite Cases
Liability in dog bite cases depends on the state where the incident occurred. Different states have different laws regarding dog bite claims.
Strict Liability States
In strict liability states, a dog owner is automatically responsible for any injuries their dog causes. Even if the dog has never shown aggressive behavior before, the owner is still liable for dog bite injuries. This means that the dog bite victim does not need to prove negligence or that the dog owner failed to control their pet.
As long as the dog bite incident occurred, the dog owner is held accountable for medical bills, lost wages, and emotional distress. States with strict liability laws make it easier for dog bite victims to recover compensation without having to show that the dog owner was negligent or knew about the dog’s dangerous behavior.
One-Bite Rule States
The one-bite rule states that the dog owner is typically not held responsible for the first bite unless the dog has a history of aggressive behavior. The idea behind this rule is that the dog gets one chance to bite before the owner is held accountable. If the dog has previously bitten someone or shown dangerous behavior, the owner becomes liable.
However, proving this may require evidence of the dog's past behavior or knowledge of its dangerous tendencies. Dog bite victims in these states must show that the dog owner was aware of the dog's aggressive behavior before the incident took place. In some cases, proving the owner’s knowledge can be challenging.
Immediate Steps Following a Dog Bite
If you are bitten by a dog, taking the right steps immediately can help ensure your safety and protect your legal rights. Here are the actions you should take:
- Get Medical Attention: Seek medical care right away, even if the injury seems minor. Dog bite injuries can lead to infections, so it's important to get treated. Medical professionals will also document your injuries, which can be useful for your dog bite case later.
- Report the Bite: Report the dog bite incident to local authorities or animal control. This is important for keeping a record of the event and ensuring the dog is checked for rabies or other diseases. A report can also support your claim if you decide to file a dog bite lawsuit.
- Document the Scene: Take photos of your injuries and the location where the dog bite occurred. If possible, get pictures of the dog and its owner. Collecting this evidence can help prove the dog owner's liability in your case.
- Identify the Dog’s Owner: Get the contact information of the dog’s owner, including their name, address, and insurance details. If the dog is a pet, ask for the dog’s vaccination records to check for rabies. This information is critical for pursuing a dog bite claim.
- Preserve Medical Records: Keep copies of all medical records related to your treatment. These documents will help prove the extent of your injuries and the costs you incurred for medical care. Be sure to keep track of any follow-up appointments and future medical costs related to your injury.
Initiating a Dog Bite Lawsuit
To file a dog bite lawsuit, you need to take specific legal steps. It’s important to understand what’s involved before moving forward. An experienced dog bite lawyer can help guide you through this process.
Some of the key steps involved in initiating a dog bite lawsuit, including consulting with an attorney, filing the complaint, and serving the defendant, include:
Consult with a Personal Injury Attorney
Consulting with a personal injury attorney is one of the most important steps you can take after a dog bite. A skilled attorney will evaluate your case and advise you on whether you have a strong legal claim. They will review the details of the incident, such as the severity of your injuries and the circumstances surrounding the attack.
Your lawyer will also help you understand the laws in your state, as they may affect your case. Whether the dog owner was negligent or if you are in a strict liability state, an experienced dog bite lawyer knows how to gather evidence and build a solid case. They will ensure your rights are protected, helping you to seek compensation for medical bills, lost wages, and pain and suffering.
Filing the Complaint
Filing the complaint is the official start of your dog bite lawsuit. Your attorney will prepare this legal document, which outlines the facts of the case, the dog bite injuries you sustained, and the compensation you are seeking.
The complaint also includes the legal reasons why the defendant (the dog owner) should be held responsible. It’s crucial that this document is prepared carefully to avoid delays or issues in the process. Your attorney will ensure that all necessary information is included, such as medical records and evidence of the owner’s negligence or knowledge of the dog’s dangerous behavior.
Once filed, the complaint is submitted to the appropriate court, and it begins the formal legal process. The timeline for filing a complaint is important, as waiting too long could result in your case being dismissed due to the statute of limitations.
Serving the Defendant
Serving the defendant is the process of notifying them that a lawsuit has been filed against them. It is required by law to ensure the defendant has the opportunity to respond. After filing the complaint, your attorney will arrange for the defendant to be formally served, either through personal delivery or by mail.
In some cases, this may also involve notifying the defendant’s insurance company if they are handling the claim. Once the defendant is served, they are given a specific time to respond, usually within 20 to 30 days. The response may include admitting or denying the allegations. If the defendant fails to respond, the court may enter a default judgment in favor of the plaintiff.
Properly serving the defendant ensures that the legal process moves forward smoothly and within the required timeframe.
Pre-Trial Procedures
Before your dog bite case goes to trial, several important steps take place. These steps help both sides gather evidence, clarify the issues, and possibly reach a settlement. These steps include:
Discovery Phase
The discovery phase is crucial in any dog bite case. During this time, both parties gather information and evidence to support their claims. This could include medical records, witness statements, and any evidence of the dog owner’s negligence.
Your attorney will help collect all relevant documents and evidence to build your case. You may need to provide medical records detailing your injuries and treatments. If there were any witnesses to the dog bite incident, their statements can be important, too.
In some cases, both sides may exchange questions in writing, which must be answered truthfully. The goal is to ensure both parties understand the facts before the trial begins. Discovery can sometimes lead to a settlement if both sides realize they have enough evidence to support their position. Your attorney will guide you through each step of this phase and ensure your rights are protected.
Depositions
Depositions give both sides the opportunity to ask questions under oath. In a dog bite case, this usually involves questioning the victim, witnesses, and sometimes the dog owner. During the deposition, a court reporter will record everything said, creating an official transcript.
The purpose of a deposition is to gather sworn testimony that can be used in court. Your attorney will prepare you for this process, helping you understand what questions you may be asked. Depositions can clarify details about the dog bite, the injuries you sustained, and the owner’s actions leading up to the incident.
Depositions are important because they give both sides insight into the other’s case. This can help reveal weaknesses in the arguments and lead to a quicker resolution. Your attorney will ensure you are comfortable and confident during the deposition process.
Settlement Negotiations
During settlement negotiations, both parties try to agree on a fair compensation amount without going to trial. This can be a beneficial process, as it saves time and legal expenses for both sides.
Your attorney will represent your interests during these negotiations, aiming to secure compensation for your injuries, medical bills, and lost wages. The goal is to reach an agreement that fairly compensates you for your pain and suffering.
Settlement negotiations may involve back-and-forth offers, with the other side proposing a settlement amount and your lawyer evaluating whether it is fair. If both sides can’t agree on an amount, the case will move toward trial. It’s essential to have an experienced dog bite lawyer handling the negotiation to ensure that you don’t settle for less than you deserve. Your lawyer will keep you informed and guide you throughout the process.
Trial Process
The trial process can be lengthy and involves several important steps. Each step plays a crucial role in ensuring that both sides present their case fairly. The key steps involved in a dog bite trial include:
- Jury Selection (if applicable): The process of choosing a jury who will hear the case and make a decision. Both parties can question potential jurors to ensure they are impartial.
- Opening Statements: Both sides present an overview of their case to the judge or jury. This is not about providing evidence but about explaining what each side will prove.
- Presentation of Evidence: Each side presents its evidence, which could include medical records, witness testimony, and photos. This is the heart of the trial, where facts are presented.
- Cross-Examination: After each witness testifies, the opposing side has the opportunity to ask questions to challenge the witness's testimony.
- Closing Arguments: Each side summarizes its case and makes a final appeal to the judge or jury, emphasizing the key evidence and arguments.
- Jury Deliberation and Verdict: After closing arguments, the jury or judge will deliberate and reach a decision. If the jury finds in favor of the plaintiff, compensation will be awarded.
FAQs
What should I do if I’m a victim of a dog attack?
If you are a victim of a dog attack, it's important to seek medical attention immediately, even if the injury seems minor. Dog bite injuries can lead to severe injuries or infections. Be sure to report the incident to local authorities and gather information about the dog owner.
How do dog bite laws vary by state?
Dog bite laws differ depending on the state you live in. Some states follow strict liability laws, meaning the dog owner is responsible for any injuries caused by their dog, while others operate under the one-bite rule.
What is considered a dangerous dog under the law?
A dangerous dog has exhibited aggressive or violent behavior. In many states, dog owners are required to take extra precautions to prevent their dangerous dogs from attacking others. If a dog with a history of aggression causes harm, the owner may be held fully liable for the victim's injuries.
What are the typical outcomes of most dog bite cases?
In most dog bite cases, the outcome depends on the severity of the injuries, the dog’s history, and the state’s dog bite laws. If the dog owner is found liable, the victim can receive compensation for medical bills, lost wages, and pain and suffering.
Can I file a claim for severe injuries caused by a dog bite?
Yes, if you suffer severe injuries from a dog bite, you can file a claim to seek compensation for medical treatment, emotional distress, and other damages. The American Veterinary Medical Association emphasizes the seriousness of dog bites, especially when they cause severe injuries.
Contact Our Oklahoma City Dog Bite Attorney for a Free Consultation
If you or a loved one has been injured in a dog bite incident, it’s essential to act quickly to protect your rights. At Richardson Richardson Boudreaux, our experienced dog bite lawyers are ready to help you seek the compensation you deserve. Whether you’re dealing with medical bills, lost wages, or emotional distress, we are here to support you through every step of the legal process.
We understand the complexities of dog bite laws and will fight to ensure that the dog owner is held accountable for their actions. Don’t face this challenge alone -- let us put our experience to work for you. We offer free consultations so you can understand your options without any financial obligation.
Contact us today to schedule a meeting with a skilled personal injury lawyer who will advocate for your best interests. We're committed to helping dog-bite victims in Oklahoma City get the justice they deserve.
