Dog Bite Lawyer
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As a victim of a dog bite, seeking the help of a dog bite lawyer is critical to navigating the complex personal injury legal process and ensuring you receive fair compensation. Dog bite lawsuits can be lengthy, often taking 9-24 months to resolve, and involve many complex factors.
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Do You Have a Dog Bite Lawsuit?
An experienced attorney who specializes in dog bite law will:
- Determine Liability: The dog owner may be liable for your injuries, especially if their dog has a history of aggression or they failed to take proper safety precautions. They can also help identify other potentially responsible parties, such as landlords or property owners.
- File a Lawsuit: If the dog owner is unwilling to accept responsibility and pay for your damages, you may need to file a lawsuit to recover medical bills, lost wages, pain and suffering, and other losses.
- Initiate Settlement Negotiations: In many cases, dog bite claims are resolved through out-of-court settlements before a lawsuit even needs to be filed.
- Handle Insurance Claims: A lawyer can deal directly with the insurance company to make sure your claim is paid promptly and in the right amount.
Our dog bite attorneys are well-versed in state laws regarding dangerous animals and the legal options available to victims. We will determine who is liable for the incident and be there every step of the process.
Statute of Limitations
- Missouri: Personal injury claims must be filed within five years of the incident.
- Kansas: A shorter window of two years applies, necessitating prompt legal action.
Comparative Fault
- Missouri follows a pure comparative fault system, meaning that an injured party’s compensation will be reduced by their percentage of fault. For example, even if a victim is found to be 99% responsible for their injury, they can still recover 1% of the amount awarded.
- Kansas follows a modified comparative fault rule, where victims can only recover damages if they are found to be less than 50% at fault for their injury.
Caps on Damages
Both Missouri and Kansas do not have a cap on economic or non-economic damages in most personal injury cases. However, Missouri imposes a cap on non-economic damages in medical malpractice cases, and there are arguments in Kansas for potential application of caps in wrongful death cases, which can limit compensation for pain and suffering.
Dog Bite Injury Compensation
The amount of compensation depends on the severity of your injuries as well as details surrounding the attack. You will need to determine and prove the damages incurred. Damages refer to the losses and harm suffered and can include both economic and non-economic damages.
Economic Damages – The financial losses that can be calculated, such as:
- Medical bills (hospital stays, surgeries, medications, physical therapy, etc.)
- Lost wages from missed work
- Cost of hiring a caregiver during recovery
- Property damage (clothing, accessories, etc.)
Non-Economic Damages – The losses that can’t be precisely calculated but still have a major impact, such as:
- Pain and suffering (emotional and physical pain from injury)
- Loss of consortium (damage to relationship with spouse)
- Permanent disfigurement or scarring
Punitive Damages – May also be awarded as a means to punish the defendant for negligent or intentional behavior.
- Less common
- Can be sizable
- Intended to deter similar conduct in the future
The specific damages awarded will depend on the details of your injury and case. Our experienced dog bite lawyers will help you determine and prove appropriate damages to seek the maximum compensation you deserve. Proving damages, both economic and non-economic, is a key element for success in any dog bite injury lawsuit.
Recovering Compensation With A Dog Bite Lawyer
The amount of compensation depends on the severity of your injuries as well as details surrounding the attack. You will need to determine and prove the damages incurred. Damages refer to the losses and harm suffered and can include both economic and non-economic damages.
Economic Damages – The financial losses that can be calculated, such as:
- Medical bills (hospital stays, surgeries, medications, physical therapy, etc.)
- Lost wages from missed work
- Cost of hiring a caregiver during recovery
- Property damage (clothing, accessories, etc.)
Non-Economic Damages – The losses that can’t be precisely calculated but still have a major impact, such as:
- Pain and suffering (emotional and physical pain from injury)
- Loss of consortium (damage to relationship with spouse)
- Permanent disfigurement or scarring
Punitive Damages – May also be awarded as a means to punish the defendant for negligent or intentional behavior.
- Less common
- Can be sizable
- Intended to deter similar conduct in the future
The specific damages awarded will depend on the details of your injury and case. Our experienced dog bite lawyers will help you determine and prove appropriate damages to seek the maximum compensation you deserve. Proving damages, both economic and non-economic, is a key element for success in any dog bite injury lawsuit.
Dog Bite Lawyers Help Determine Liability
To build a strong case, work with an attorney to collect evidence proving the defendant’s negligence and liability for your injuries. A Monsees & Mayer dog bite lawyer can help interview witnesses, obtain medical records, and review the details surrounding the attack to determine the best course of legal action. With the right evidence and a skilled attorney, you have a good chance of recovering damages from the liable parties in a dog bite lawsuit.
The owner is typically liable if their dog bites someone, without provocation. Owners are also usually liable if the dog was not vaccinated against rabies as required by law. However, an owner may avoid liability if the victim provoked the dog or was trespassing on private property at the time of the attack.
Other possible liable parties include:
- Property owners who allowed a dangerous dog to roam freely. They have a duty to ensure their premises are safe for invitees.
- Dog breeders or sellers if they had reason to know the dog was aggressive or vicious but failed to disclose this to the buyer or take proper precautions.
- Animal control officers or humane societies if they released a dog with a known aggressive temperament to an irresponsible owner.
Document a Dog Bite Injury
To prove your dog bite lawsuit, you will need evidence to substantiate your claims. Carefully document your injuries as soon as possible after the attack.
Take photos of the wounds, both close up and full body, to show the severity and location. Get copies of all medical records, emergency room visits, treatments, prescriptions, and expenses. Keep a written log or journal detailing the entire experience from when the attack happened, who witnessed it, the events that unfolded, and your injuries.
- Consult a physician right away. Dog bites can easily become infected if left untreated. Seek medical care immediately, even for minor bites. Get stitches or other necessary treatment and obtain discharge papers, billing records, and a written report from the doctor regarding your injuries.
- Report the incident to the police and animal control. File an official police report about the attack in case you need it as evidence. Animal control may also investigate and take a report that could be useful. Get copies of all paperwork.
- Preserve evidence from the scene. If possible, take photos of the area where you were bitten and any blood stains or damage to clothing. Get contact information for any witnesses to the attack.
- Keep records of all expenses. Maintain receipts and bills for medical care, prescriptions, counseling or therapy, missed work, and other costs related to your recovery. These help demonstrate the financial impact of your injuries.
- Contact a dog bite lawyer. A Monsees & Mayer dog bite lawyer can advise you on the proper steps to take and ensure your claim has the necessary evidence for the best chance of receiving compensation. We will also handle the legal complexities involved in filing a dog bite lawsuit.
Expectations From A Dog Bite Lawyer
When pursuing a dog bite lawsuit, it is important to understand the legal process and what to expect at each stage.
- Filing a Lawsuit: This is the first step after attempting to resolve the issue directly with the dog owner to no avail.
- Discovery Process: This allows both parties to gather information related to the case.
- Negotiating a Settlement: Your dog bite lawyer will determine liability and estimate the value of your claim.
- Trial: If the case goes to trial, both parties will present their arguments and evidence to a judge and jury.
A dog bite lawsuit and trial can be complicated and lengthy processes. However, with the help of an experienced dog bite attorney, justice can be served for the harm caused by a dangerous dog. By understanding the steps involved, you can feel more at ease through each stage of your case.