The American Veterinary Medical Association reported approximately 19,062 dog bite injury claims in 2023. If you are in California and you have been bitten by a dog, it can be challenging to file a dog bite case. The state has a “strict liability” law that holds dog owners accountable for any damage their dogs inflict, irrespective of the dog’s aggression history. This law ensures that victims of dog bites receive the compensation they deserve for their injuries.
Even though the strict liability rule seems advantageous for your situation, lawyers from the Law Office of Michael Vitaliano remind us that any civil suit for damages can be more complex than most initially realize, and handling your case on your own could result in procedural errors.
Let’s go over the six steps that will increase your chances of obtaining the compensation you deserve and help you deal with the legal system with confidence.
Collecting Evidence of the Dog Bite Incident
Gathering proof of a dog bite is essential, especially when dealing with possible legal consequences under California’s dog bite put down law. If the dog is dangerous or the bite is severe enough to kill, you can use this law.
After a dog bite incident, you should immediately document any visible injuries and take photographs of the scene as evidence. Carefully examine your injuries. Use a mirror or ask someone to help you check for any cuts, bruises, or puncture wounds. Take detailed notes on the location, size, and severity of each injury. If possible, measure the wounds’ dimensions and record the incident’s date and time.
Make sure to capture all relevant details as to when and where the dog bite occurred. You can also gather statements from any possible witnesses. These steps will help to build a strong case for your dog bite lawsuit.
Medical Attention and Documentation of Your Injuries
Seeking immediate medical attention not only ensures proper treatment for your injuries but also establishes a clear medical record that can serve as evidence in your dog bite lawsuit.
When you visit a healthcare professional, make sure to explain how the dog bite occurred and provide any relevant details about the incident. The doctor will then thoroughly examine your injuries and determine the appropriate course of treatment.
Be honest about any pain or discomfort you’re experiencing, as well as any anxiety or emotional distress caused by the incident. This information will be important when seeking compensation for your damages.
You should also thoroughly document your injuries. Take photographs of the bite wounds from different angles, making sure to capture any visible bruising, swelling, or lacerations. Keep a detailed record of the medical treatments you receive, including any medications prescribed and follow-up appointments.
Don’t forget to save any medical bills or receipts related to your treatment, as these documents will be necessary when calculating your damages.
Report the Dog Bite to the Appropriate Authorities
Contact the relevant authorities to report the dog bite incident. It’s important to notify the appropriate authorities about the incident as soon as possible. This can guarantee accurate incident documentation and enable the implementation of appropriate measures.
In your area, contact the local animal control agency or the police department. Give them the incident’s date, time, location, dog description, and owner information. For several reasons, reporting the dog bite to the authorities is critical.
- It helps to protect others from potential harm by identifying dangerous dogs and ensuring they’re properly monitored or quarantined.
- It establishes an official record of the incident, which can be important if you decide to pursue legal action later.
- It may be required by law to report a dog bite, depending on your jurisdiction.
When reporting the incident, make sure to be clear and concise in your description. Stick to the facts and avoid embellishing or exaggerating the details. Providing accurate information will help the authorities handle the situation effectively.
Consult With a Personal Injury Attorney
Dog bite cases can be complex, and there are laws that govern such incidents. A personal injury attorney can help you protect your rights and receive the compensation you deserve.
A personal injury attorney specializing in dog bite cases will have the knowledge and experience to handle your case effectively. They are familiar with the laws specific to California and understand the legal requirements for filing a lawsuit. They’ll also have the resources to investigate the incident, gather evidence, and build a strong case on your behalf.
During the consultation with the attorney, he or she will evaluate the details of your case and determine the best course of action. Your lawyer will provide you with guidance on the possible outcomes, the relevant laws, and the potential compensation you could receive. He or she will also guide you through the legal process and make sure that you meet all deadlines and requirements.
File a Lawsuit and Initiate the Legal Process
Filing a lawsuit is the formal way to seek compensation for your injuries and hold the responsible party accountable. In your dog bite case, the next step is to initiate the legal process by filing a lawsuit.
Here are the steps you need to follow to file a lawsuit in California:
- Prepare the Complaint: The first step is to prepare a complaint, which is a legal document that outlines your case’s details. It should include information about the incident, the injuries you sustained, and the damages you’re seeking.
- File the complaint: Once the complaint is prepared, you need to file it with the appropriate court in California. Make sure to pay the necessary filing fees and provide any supporting documents or evidence.
- Serve the Defendant: After filing the complaint, you must serve a copy of it to the defendant. A process server or a sheriff’s deputy can personally deliver the documents to the defendant.
- Await the Defendant’s Response: Once served, the defendant has a specific period to file a response to your lawsuit. This response may deny the allegations or present a defense.
- Proceed with the Legal Process: If the defendant responds to your lawsuit, the legal process will continue. This may involve discovery, negotiation, and potentially going to trial. It’s crucial to work closely with your attorney during this time to build a strong case and pursue the compensation you deserve.
Negotiate or Take the Case to Trial for Compensation
You must evaluate the potential outcomes of your case after filing a lawsuit and starting the legal process. Negotiation can be a less time-consuming and costly option compared to going to trial. It involves engaging in discussions with the opposing party or their insurance company to reach a settlement agreement.
During negotiations, you and your attorney will present your case and demand a fair compensation amount for your injuries, medical expenses, and other damages. The opposing party may counteroffer, and through a back-and-forth process, you can work towards a mutually beneficial resolution. Reaching a settlement allows you to avoid the uncertainty and stress of a trial.
If negotiations were to fail to produce a satisfactory outcome, taking the case to trial may be necessary. Trials involve presenting evidence, arguments, and testimony in front of a judge and potentially a jury. The strength of your case, the credibility of witnesses, and the interpretation of the law will determine the outcome. Your attorney and case circumstances should determine whether to negotiate or go to trial.
Conclusion
After a dog bite incident in California, protecting your rights and pursuing justice requires a strategic approach. Report the incident to local authorities so they can thoroughly investigate and document what happened.
Connect with an experienced personal injury attorney who specializes in dog bite cases. He or she can help you understand whether filing a lawsuit, negotiating, or going to trial is the best way forward.