Information About Filing Dog Bite Cases, Lawsuits Etc

Claims for dog bitesDog bites may cause physical and mental trauma and in some cases it might turn fatal. If you or your loved ones have been bitten by a dog then you can either make a settlement with the dog owner or you can take the help of personal injury lawyer to file a lawsuit in small claims court. Filing a lawsuit will involve time and money. It is therefore advisable to make a settlement outside the court. Also if you want to file a case then it should be done within a specific period. In most of the cases, the dog bite victim has a right to receive compensation from the owner. If the dog owner refuses to pay the compensation then you can sue him.

Things to Considered When Filing a Case for Dog Bite Injury

* Type of compensation: The victim can receive compensation for the past, future and present injuries bills for medical which were in relation to dog bites. The victim can also claim any replacement or repairs of personal belongings such as glasses, clothes, watches etc. which was damaged during bite. If the victim has faced any permanent disfigurement or disability or even emotion distress due to the incident he can claim for that too.

* Filing a lawsuit: It is necessary for the victim to be suffered from actual damages in order to file a lawsuit. The amount of claim will be decided by the court depending upon certain factors. Some monetary damages could be calculated easily but certain damages like pain, distress etc. could be calculated. The judgments for such cases will be based on previous similar cases. E.g. A wound with severe complications will result in high compensation and vice versa.

Dog bite small courts* Deciding on the settlement: There are two options to claim compensation if you suffer from a bite. Either you can go for a trial or can settle the case outside the court. Both has its own advantages and disadvantages. It is better to understand both the options and then decide.

* Where to file a lawsuit: Normally a dog bite lawsuit must be file in the state or country of incident. If you have any doubt regarding where to file a lawsuit or any other issues related to dog bite you can consult a professional attorney experienced in this regards.

Advantages of Filing a Lawsuit

* Emotional satisfaction
* Large compensation for big and strong cases

Advantages for Setting Outside the Court

* Quick resolve of the case
* Low expense to the victim
* The victim and the dog owner can mutually decide the compensation amount
* The victim will receive money fast with few formalities

What to Do After a Dog Bite?

* Call 911 and inform the same. Get your medical done to understand the grievance of the bite. It is better to take precautions or else it might cause rabies, infections or other diseases.
* Identify the owner of the dog and explain to them about the what happened. Also get all the details about their insurance provider.
* Complain to the local animal control department about the incident to take proper measures for future precautions.
* Collect all the evidence related to it.

Things You Should Consider Prior to Filing a Lawsuit

If you or a loved one has been involved in a dispute of some sort you might rush your judgment and try and sue them. But before you decide to go down this road there are certain things that you should consider.

Do you have a good enough case to bring in front of a judge? This might seem like it is glaringly obvious, but you have to be certain that you have a genuine legal standing before you try and take a lawsuit in front of a court of law.

Financial Questions

Can you afford the time and money that filing a lawsuit is going to cost you? Lawsuits can sometimes be a long and drawn-out ordeal, and you will not be able to spend as much time at work or with your friends and family if you are involved in a lengthy lawsuit. You will want to make sure that you are dedicated enough to follow through with the time that you will be losing, and determine whether or not it will be worth it to you in the end.

Can you even afford to hire a lawyer? While some lawyers work on contingency fees, which is when they work the case and get paid after you have won, not all of them do. Filing a lawsuit can become expensive quickly when you add up the court fees, hiring the stenographer, and all the costs related to filing paperwork. And this doesn’t even include your attorney fees. So before you pursue filing a lawsuit, you should make sure that you are prepared for it financially.

Meeting with an attorney

Legal Lawsuit Rights

You will also need to make sure that you even have the right to sue someone. What that means is if you live in Ohio and you were injured at a store in New York you will probably not have the right to sue that store in Ohio. Meaning, you will have to go to New York again to file your lawsuit because your state does not have the authority to pass down judgment on another states resident like that.

Another thing to consider is if suing the person is going to be financially worth the trouble. If you are going after your neighbor for medical bills because their dog bit you, that is one thing. But if you are going after your neighbor because you slipped and fell on the sidewalk in front of their house, and you already know that they are having financial troubles, is it really going to be worth your time to sue, knowing in advance that they are not going to be able to repay the money?

Finding a lawyer to help you answer these questions is one of the first things you should do. They will inform you on whether or not you have a case. If they believe you do, then you can begin to ask them questions on how much you are looking at for legal fees, and if the lawsuit will even be able to be filed in your state.

Hutchison & Stoy, PLLC

509 Pecan St #201
Fort Worth, TX 76102
(817) 820-0100

Different Reasons for Filing a Lawsuit

Inury based lawsuitsThere are many different types of lawsuits that you can file or have filed against you. Depending on what the circumstances are surrounding the claim will determine what the judgment that is passed down on you will be. And it is important to remember that there are different laws for each and every state.

Types of Lawsuits

If you have a dog that has bitten someone, then they can file a lawsuit against you. If this happens, the circumstances surrounding why the dog bit another person will be brought up. If your neighbor was tormenting your dog, and your dog decided to bite them to make them stop, then you might not be held liable for the damages.

However, if your neighbor was minding their own business and the dog randomly decided that they were going to bite them, then you will probably be required to pay damages to the injured party. But they will also have to prove that you had advance knowledge that the dog was at risk to harm someone and that by knowing that fact you were negligible.

Contract Breach Lawsuit

You can also bring a lawsuit against someone for breaching a contract. Say for instance you paid a contractor to come out and repave your driveway, and they started the job but never finished, this would be a breach of contract. If you contacted them multiple times to no avail, and then had to pay another company to come out and finish the job they started, then you could be entitled to compensation. The judge could make they pay back what you initially had to pay the first company, and even possibly what you paid the second company because of their breach of contract to finish the job in the first place.

Lawsuit AdjudicationHiring an Attorney for Your Claim

There are family matters that the court can get involved in also, such as a divorce or for custody of minor children. These are not always viewed as lawsuits, but they are in fact considered lawsuits.

You are even able to sue your neighbor because their dog barks late at night and you have repeatedly asked them to make the dog stop, and they do nothing about it. In this instance, though, you would need to show that the animal is breaking local ordinances and that you are suffering at work because of lack of sleep. But there still might be a case there if you were serious about pursuing it.

There are lawyers out there who are willing to hear your case out for why you are interested in pursuing a lawsuit against someone else. Many of these lawyers also work on contingency fees, which means that they will not get their money for taking the case until you win. And if you do not win, then they do not get paid. These lawyers take a risk by operating this way, but at least you will know that they have your best interests at heart because without a win in their corner they just did all that legal work for you for free.

When to File a Lawsuit for Animal Related Injuries

If you have found yourself to be the victim of a dog attack, you should know that you have rights and that the owner of the dog could be held liable for the injury that you have sustained. They could also be held accountable if they have damaged your property.

Sometimes, a settlement can be reached between yourself and the dog owner without having to resort to suing the owner, but often you will need to bring a lawsuit against the dog owner to hold them as accountable as possible under the law and to make the insurance companies continue on your case.

Dog attack lawuits

Filing a Lawsuit For Personal Injury

If you have been injured by another person’s pet, or if that pet has caused damage to your property, then have the right to bring a lawsuit against the responsible party. But how do you make the decision to sue someone? Well, the easiest way to answer that is to say that if the money awarded to you, and your time and effort, would be worth pursuing legal action against the other party involved.

There are different laws that govern our pets that vary from state to state. Depending on where you are located will determine how much evidence you will need to present to the court during your case.

For example, were you on the person’s property lawfully when you were bitten by their dog? Did you do anything that could be seen as provoking the dog? Did the owner have any reason to suspect that the dog might bite someone?

Vicious dog biteWhen to Pursue Legal Action For Dog Bites

You will need to determine how much the effort would cost you to decide if you are going to sue or not. If you have been bitten on the leg and need to go to the hospital then yes, you should be compensated for your medical bills. But if that is the extent of your injuries then maybe it would be best for you to come to an agreement with the owner of the dog without involving the court system.

On the other hand, if you were seriously injured, suffered large medical bills, and lost time at work, then pursuing legal help would be in your benefit. Or, if your property was severely damaged because of someone else’s pet, then yes, you would want to consult an attorney and involve the court system to make sure that you are paid the damages you are owed and that the owner of the dog is held as accountable as they can be.

No one wants to get injured by an animal or have them destroy your property. But sometimes accidents and mistakes happen. Knowing what your options are, and the best way to go about them is important. You are entitled to be compensated for damage or injury that has been caused to you.

If you think you might have a case, contact an attorney and talk with them about the details surrounding you. They will be able to give you the best advice possible so that you can rest assured it does not happen to you or someone else again.