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The legal team at The May Firm has advocated for clients who have suffered injuries due to negligence, including clients who have suffered injuries in dog attacks. The firm’s dedication to client service, case preparation, and professional excellence has led to the recovery of millions of dollars in damages from settlements and court-awarded damages. We cannot predict a specific financial outcome for your dog bite injury claim because each case has underlying facts and circumstances that add to or detract from its value.
However, The May Firm has the dedication and resources to investigate your claim and build the strongest case possible against the negligent dog owner responsible for your injuries. You should not have to carry the financial burden that comes with severe injuries because another person chose not to properly train their dog or use the proper tools to protect others from their aggressive pet.
Dog bites occur more frequently than you might think. According to the Insurance Information Institute and State Farm Insurance, California leads the nation with more than 2,000 dog bite claims each year. This should not be surprising because of the size of the state. However, this statistic only includes State Farm claims, not claims paid by other insurance providers or unreported dog attacks.
Some dog bite injuries are traumatic events that might threaten the victim’s life. Not only do victims need immediate attention, but it is in their best interest to contact a dog bite lawyer.
Some examples of dog bite injuries that require immediate medical attention and could give rise to a personal injury lawsuit include:
In the worst-case scenario, severe dog bites can be fatal. Immediate death, although rare, might occur after a critical bite, but infection from dog bites can also lead to death. If you have lost a child or loved one to a dog bite, you need to discuss your eligibility to seek compensation for damages in a wrongful death lawsuit.
Bakersfield has specific definitions and municipal laws concerning vicious dogs. Even dogs that are friendly to their owners can be vicious to strangers and put others in the community at risk for a dog bite injury. If a dog bites someone, Bakersfield Animal Control Officers typically have the right to seize and impound the dog while the owner waits for an administrative hearing.
The city manager conducts a hearing and determines whether the dog should be declared vicious or potentially dangerous, whether the dog has already been declared dangerous or vicious, and what penalties or orders the dog owner faces.
According to Bakersfield’s municipal code, a potentially dangerous dog is:
A vicious dog under Bakersfield’s municipal code is:
Bakersfield’s code and the action the city takes after a dog bite protects others from future dog bites from the same animal. However, it does not compensate you for losses related to your or your child’s dog bite injuries. Receiving compensation for your injury requires filing a claim against the dog owner, which is best done with the help of an experienced Bakersfield dog bite lawyer.
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If you or your child has suffered injuries from a dog bite, we assume you have been to the nearest emergency room to seek treatment for the bite. If you have not been to the doctor, you need medical documentation of the bite, so seek medical attention as soon as possible. This will also help ensure you do not have to deal with any life-threatening infections. Also, getting stitches, even for minor lacerations, can minimize scarring.
After a physician has treated you, you need to take the proper steps to give you the best chance of recouping losses related to your injury. Severe dog bites come with medical expenses, but victims and parents of minor victims need to miss work, too. Some dog bites cause permanent nerve damage or other permanent injuries that prevent victims from returning to work. You deserve compensation when you suffer because of a negligent dog owner.
The following steps after a Bakersfield dog bite injury can help maximize your chances of recovering damages:
You must document everything that happened leading up to the dog bite, as well as what happened immediately afterward. Hopefully, you got a picture of the dog that bit you or your child at some point, but it is okay if you did not. However, you should take pictures of your or your child’s bite injuries as soon as possible. Also, continue to take pictures as you heal. Photographic evidence supports your claim and supports your report to law enforcement, making it easier to win your case.
You need to have an official record of the dog bite incident, or you might find it difficult to recover damages in an insurance claim or lawsuit. If you did not call the police before you went to the emergency room, you need to report the incident as soon as possible. In most cases, the police will contact animal control to investigate the dog and its owner. They will check whether the dog has been listed as “potentially dangerous” or “vicious” and confirm whether the dog owner has had previous complaints about their pet.
Consult an attorney who can handle the finer details of your dog bite claim while you focus on recovering from your injuries. If your child suffered injuries, you especially have challenges in the coming weeks and months. Little ones are face to face with dogs, so when a dog bites them, children often suffer injuries to their face. Medical treatment can be scary for children, but it typically does not hold a candle to the emotional trauma a child suffers after a dog bites them. You can expect your child will need to see a psychologist or another mental health specialist to work through the trauma of a dog bite.
Your lawyer can investigate the details of the dog bite, gather documents, speak to witnesses, and initiate the claims process. Lawyers are trained communicators and negotiators who know how to handle insurance companies that are typically only concerned with their bottom line. With a lawyer on your side, you have the best chance of recovering compensation for your injuries to pay for the care and treatment you or your child needs after a dog bite.
Under California law, dog owners are financially responsible for damages related to dog bite injuries regardless of the dog’s history of incidents and aggressiveness. People who are legally on someone’s property, such as postal workers, are protected as well as anyone else with an express or implied invitation. The same is true when a dog bites someone in a public place.
Dog bite claims fall under homeowner’s insurance in most cases, but not all dog owners have homes. An attorney can review the facts of the case and find the best path to recovering compensation.
If you reach a settlement with the applicable insurance provider, or you go to court and the jury rules in your favor, you might recover:
If a dog bite injury led to the death of your child or another loved family member, you could be eligible for compensation. California law allows eligible surviving family members a wrongful death lawsuit against the negligent dog owner. If you win your case, you could receive compensation for some damages listed above in addition to funeral expenses and burial or cremation costs.
The law also allows family members to seek compensation for damage to their relationship with the deceased resulting from the loss. For example, the loss of a child may entitle parents to seek compensation for loss of companionship. Spouses can also seek compensation for loss of companionship when they lose their partner to a dog bite injury. Dependent children who lose a parent sometimes receive money for loss of support or loss of parental guidance. Your Bakersfield dog bite attorney can review your case and advise you on the damages that apply to your wrongful death claim.
At The May Firm, we understand the struggles that come with a severe dog bite injury, especially when your child is the victim. Our attorneys are here to help you seek the compensation you deserve for losses related to injuries.
Contact us today online or at (661) 244-9712 for a free case evaluation to discuss the details of your dog bite claim, how your dog bite injury has impacted your life, and to learn more about how we can help you seek compensation to recover damages related to your injuries.
Dogs are beloved pets to many. And, in most cases, dogs are loyal companions that live peacefully with their loved ones. However, not all dogs are trained, and some dogs that might appear trained might one day unexpectedly lash out and injure people. While some dog bites and attacks can happen from a stray or loose dog on the street, many dog bites occur in the case of dogs with owners.
If you or a loved one has sustained injuries after being bitten by a dog in Bakersfield, you have rights under the law to pursue compensation against an owner for your medical expenses, lost income, and other losses you may have suffered. This piece covers some common questions about Bakersfield dog bite cases what they are, what injuries they may cause, and how to bring a claim after a dog bite.
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Some may believe there is a certain threshold that must be met for an injury to qualify as a dog bite for legal purposes. One of the most common factors people will consider is whether the bite broke the skin of the victim. The truth is that not all dog bites will break the skin, but that does not mean you are not injured.
The attire worn at the time of the attack, the age and size of a victim, and the area of the body that the dog lunges towards can determine whether your skin is broken. On the other hand, internal bleeding, fractures, and nerve damage are all still possible after a dog bite without broken skin or bleeding.
However, when a victim suffers a dog bite that breaks the skin, the risk of secondary injury, in the form of infection, is likely without treatment. Severe dog bites are a risk to the health and wellbeing of a victim and can have costly consequences. While the death of an individual from a dog bite is rare, it is a possibility, particularly with children and the elderly, who tend to be more physically vulnerable.
If a dog or any other animal attacked you, you may still seek compensation under the law. A dog needn’t bite you for you to seek compensation for your injuries. However, the standards in a dog bite case will differ from the standards in a non-bite dog or animal attack. While strict liability applies to any dog bite case, a dog attack that involves no biting may fall under the framework of negligence under general personal injury law.
Regardless of the type of attack, if you suffered injuries or damages due to a dog’s actions, you may hold the owner or person charged with their care ma responsible for your losses.
When it comes to dog bites, California has clear rules as to the liability of an owner to a victim. California Civil Code 3342 provides that any owner whose dog, unprovoked, bites another is liable to that person for damages they suffer as a result of the bite. An owner is strictly liable meaning, in part, that an owner is liable regardless of whether the dog had a history of being vicious or whether the owner took great care to train their dog so long as the victim was in a public space or lawfully on a private premises where the bite happened.
Some limited exceptions to this statute apply to law enforcement K-9s. However, this statute does not require an owner to have any knowledge of the dog’s propensity to bite or their past behavior to establish liability. If a bite occurs, the owner is automatically liable.
The strict liability law eliminates the need for a Bakersfield dog bite victim to prove the negligence of an owner to receive compensation. Important reminder this particular statute applies only to a dog bite. If the dog did not bite but injured the victim in some other way, then a victim may still pursue damages from the owner but must do so under the legal framework of general personal injury law, requiring them to establish an owner’s negligence.
If you or a loved one is bitten or otherwise attacked by a dog in Bakersfield, you should contact law enforcement. Call 911 and request assistance from the police, as well as EMS, if needed. Call the police to the bite attack scene to record details about the incident.
If it isn’t apparent who owns the dog, police can also assist you with tracking down the owner. Finding a dog’s owner as soon as possible is necessary for various reasons. First, the owner can provide important information on the vaccination status of the dog, which can help your medical team decide the best course of action for treatment. Also, once the police find the owner of the animal, they can collect identifying and contact information of the owner and any information about any insurance coverage that may apply to your situation.
The presence of police is also necessary after a dog bite to ensure that the public’s safety is not still at risk. If the dog ran away or is still loose in the area, other people remain in danger. The police can help contain the animal or contact animal services for further assistance if necessary.
If a dog bite occurs on the premises of a private landowner or within their home, the homeowners’ insurance policy or the renters’ policy of a tenant might cover your case. The coverage available to you depends on the limitations and terms of any existing policy. In some circumstances, it may be that a homeowner’s policy will apply to a bite that occurs off of the insured premises.
California leads the nation in homeowner claims for dog bites. In just one year, more than 2,100 claims are made for dog bite attack injuries. Dog bite injuries are expensive too. In one year, homeowners’ insurers paid out around $854 million to cover liability claims.
There are some instances in which the coverage under a homeowner’s policy for a dog bite may not apply to your situation. Under these circumstances, or when a policy limit is insufficient to cover the extent of your losses, it may become necessary to file a lawsuit in civil court to pursue recovery for your damages directly from the owner.
Your time to file a lawsuit in Bakersfield for damages that arise from a dog bite or attack is not unlimited. The statute of limitations applicable to dog bites dictates that you have two years from the date of the bite to file a lawsuit. If a plaintiff does not proceed with a claim during this time, they
cannot seek compensation.
If a dog bite injured you or a loved one, contact our Bakersfield dog bite lawyers at the May Firm as soon as possible. It can take time to properly prepare a claim and reach a positive resolution on your behalf; it is best to act early to avoid further delay or further difficulty in your case.
Contact us to get started. It is important to have the proper legal representation on your side if you’re involved in a motorcycle crash. Often wrongful blame is placed on the rider in a multi-vehicle collision due to the increased risk that comes with riding a motorcycle. Insurance companies are reluctant to side with the motorcyclist and oftentimes will attempt to place the full or partial blame on them. Don’t accept that blame and the legal repercussions that come with it.
Call (866) 619-6679 to schedule a free consultation with our award-winning motorcycle accident lawyers. We’ll help determine the viability of your case based on your testimony and help you determine the best way to proceed. Working on a contingency fee means our lawyers are only compensated when your case or settlement is won, and our extensive experience and case history allow us to settle most claims out of court, giving you a faster resolution to your case and allowing you to focus on your recovery process. We factor in every possible expense when building your settlement: Medical bills, wage loss, property damage, and emotional suffering are all considered. Our goal is to help you put your life back in order to the best of our ability.
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