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California law states that the owner of any dog is liable for the damages
suffered by any person who is bitten by the dog while in a public place or
lawfully in a private place, including the property of the owner of the dog,
regardless of the former viciousness of the dog or the owner's knowledge of
such viciousness. It is not necessary for the Plaintiff, in a California case,
to prove that the dog was known to be vicious or had a propensity to bite. One
bite is alone sufficient to support liability.
The most important aspect of prosecuting a dog attack case is to secure
evidence as quickly as possible. The best evidence to obtain immediately is
the identity of the dog and its owner, photographs of the dog, identity of
witnesses, witness statements, and photographs of the injuries and location of
the attack.
The California dog bite statute benefits victims by reducing the conflict
that otherwise could follow a dog attack. Because liability is automatic, the
dog owner and the victim can maintain their personal relationship unharmed by
the threat of litigation, accusations of wrongdoing, or a drawn out claims
process. This is important because 75% of the time, the victim is a family
member, neighbor or friend of the dog owner.
If you have been injured in a dog bite or other animal attack, you may be
entitled to a variety of damages, even if the animal was owned by a family
member. The types of animal accident damages insurance companies typically pay
for include:
Special Damages
Medical Expenses: This includes medical expenses incurred to
treat an injury, such as doctor's visits; hospital expenses; emergency room
expenses; fees for chiropractic care; physical therapy; and any type of
medical devices that may be needed for your recovery, such as neck braces or
crutches. These expenses are recoverable if they result from your injury. The
cost of a medical examination done for the purposes of litigation is generally
not recoverable. Medical expenses are typically used as a benchmark for
determining the reasonableness of damage awards.
Lost Wages: You may recover the amount of money you would have
earned between the time of the injury to the time of a judgment or settlement
had you not been injured. If you were unemployed at the time of injury, you
may still recover lost wages if you can effectively show what you could have
earned during that same period.
General Damages
Pain and Suffering: Pain and suffering damages may be granted
for physical pain resulting from an accident or injury. A jury will look to
the nature of the injury, the severity of the pain, and how long the plaintiff
is likely to be in pain to determine the damage amount to be awarded.
Mental Anguish: Recovery for any type of mental or emotional
distress suffered as a result of an accident or injury. This could include
apprehension, fright, anxiety, nervousness, worry, loss of dignity,
humiliation, grief, shock, and/or embarrassment. If the injured party has been
disfigured by the accident/incident, mental suffering is recoverable for this
type of emotional injury.
Loss of Earning Capacity: You may recover damages for lost
earning capacity if you can show that your ability to earn money in the future
has been impaired. Past earnings will be used to determine an appropriate
damage award, but a jury will likely focus on what might have been earned had
the accident or injury not occurred.
Our goal to help you receive just compensation for the damages listed
above. We can provide you with a simple, stress free means to settle your
insurance claim. After you sign up with our firm, we will help you:
Assess your legal situation. An experienced member of our team
will help you understand the legal issues involved in your specific claim. Who
was at fault? Was there an uninsured or underinsured motorist involved? Do
you have a valid legal claim? We.ll help you analyze whether it.s in your
interest to pursue a legal claim against the other driver.
Handle Communications. We will handle all communications with
other parties. This reduces your exposure to risk and relieves you of
unnecessary stress.
Obtain additional evidence, information and reports. We will
take control of the settlement process, helping you obtain the necessary
evidence (i.e., medical and vocational evidence, police reports, etc) and
witness statements to make the most compelling arguments.
Negotiate your settlement. Our team will represent you in the
negotiation of your claim with insurance carriers.
If you have been injured in a dog bite or other animal attack, you can
ensure that your legal rights are protected by seeking competent legal
representation. Please contact our office, anytime for a free, no obligation,
consultation with a qualified personal injury expert.
See our Free Case Evaluation Form.
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