Dog bites are common in many parts of the country and are a serious health risk, especially for the young and elderly. It is estimated that 4.7 million people are bitten by dogs in the US annually. About one in six animal attacks is serious enough to require medical attention.
The risk of a serious dog bite injury, including rabies, means the medical and other consequences can be substantial. In many states, including Georgia, the dog owner is often liable for the dog bite victim’s injuries. If your case is successful, you can receive money for medical bills, lost income, scarring and disfigurement, and pain and suffering.
Generally, your right to recover compensation in a dog bite case depends on the animal’s history and whether there is a leash law in your state or county. Information collected about the animal’s history usually must be gathered for you to have the best chance to recover damages. A skilled dog bite attorney will gather important dog bite claim evidence.
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Understanding Your State’s Dog Bite Laws
Understanding your state’s dog bite laws is essential to ensure you get the most compensation for your injuries. For example, Georgia has the Responsible Dog Owner Act, which states that owners can be held liable when a dog under their control seriously injures another party. Under Georgia law, a serious injury is more than a mere nip or scratch. Serious injuries are defined as:
- An injury that requires hospital admission, sutures, or plastic surgery.
- An injury that causes death or a major risk of death.
- An injury that causes dislocated or broken bones.
- An injury that affects your health through a contagious disease or infection.
If an owner has a dog who seriously injures someone, they can be charged with a misdemeanor. Multiple violations can result in a felony and a jail sentence of up to 10 years.
There is no leash law in Georgia, but many states have them. However, many counties have leash laws. If a loose dog attacks you, you should speak to your dog bite attorney about any leash law in your county.
Georgia also gives a dog bite victim the right to file a personal injury claim against a dog owner if you did nothing to encourage the attack. However, you must prove that the owner knew or should have known the dog could be aggressive. You must also prove that the dog owner didn’t adequately restrain the dog or take reasonable precautions to secure it.
What Is A One-Bite Rule?
The one-bite rule is a common practice in many states, allowing an owner to avoid liability if their dog has never bitten someone before. In Georgia, however, a modified one-bite rule holds the owner liable if they were careless about leashing or containing their dog or the attack was not provoked. The victim has more flexibility with the modified one-bite rule and can more easily show that the animal is dangerous.
A dog can show aggressive traits but has never bitten anyone. With enough proof, such as eyewitness testimony, the dog bite victim can prove that the dog is dangerous so the owner can be held liable. Also, any evidence or previous insurance claims where the animal bit someone can be useful.
This information can prove that the dog owner should have been aware of the risk and taken steps to prevent an animal attack. Regardless of whether a state has the one-bite rule, animal owners must be prepared for the chance that their dog could bite in certain situations.
Common Dog Bite Injuries
Almost any kind of injury is possible after a serious dog attack. But dogs usually attack with the teeth, often focusing on the person’s hands, arms, face, and legs. Bite injuries are common in these parts of the body. Other common injuries from dog attacks are;
- Lacerations, cuts, and scars from dog bites
- Nerve damage to the area that suffered the bite
- Crush injuries to bones and tissue
- Bite wound infection, such as from MRSA, rabies, or tetanus
- Loss of limbs or eyes
- Tendon damage
- Head trauma from bites or falls
- Back injuries
- Puncture wounds
- Permanent facial scarring
- Soft tissue damage
- PTSD and other emotional distress
Dog Attack Scarring
A major physical and emotional consequence of a dog attack is permanent scarring. The American Society of Plastic Surgeons reports that about 28,000 people in the US require reconstructive surgery after dog attacks. Many of these people may have some degree of scarring. You may need multiple surgeries for your dog bites to rebuild the damaged tissue. Your dog attack settlement can be partially used to pay for critical scarring treatments, such as:
- Skin grafts
- Dermabrasion
- Steroid injections
- IPL laser treatments
- Surgical removal and repair of damaged tissue
- Radiotherapy
- Filler injections
- Cryotherapy
Many kinds of scars can occur from dog bites, including atrophic, hypertrophic, contracture, and keloid. Regardless of the type of scars, a person who a dog has attacked may have a long road to recovery and will probably have a major impact on their life. The good news is that a dog bite attorney understands what you are going through and will fight for the most money for your medical expenses and recovery.
Potential Damages In A Dog Bite Case
Dog attacks are common in many states, and if you can prove another party’s negligence caused the injury, you can be entitled to economic and non-economic damages as follows:
Economic Damages
These are easy-to-calculate damages, such as doctor and hospital bills, physical therapy, travel expenses for treatments, loss of income, and loss of earning potential. You also may be entitled to lost future income if you have a long-term or permanent injury.
Non-Economic Damages
You can be entitled to subjective damages, such as pain and suffering and mental anguish. Dog bite injuries can be excruciating, and painful nerve and tissue damage are common. You also can receive money for PTSD, anxiety, depression, disfigurement, scarring, loss of enjoyment of life, loss of limb function, and more.
What Affects The Size Of A Dog Bite Settlement?
Many factors will influence the size of your personal injury settlement. There isn’t an ‘average settlement amount’ that you can expect. Talk to a dog bite injury attorney to learn more about how much you might receive based on these factors:
Severity Of The Injury
The type and extent of the dog bite injury play a major role in the money you receive. A severe dog bite with major tissue and bone damage can lead to a much higher settlement. On the other hand, a minor wound that heals quickly would lead to a lower settlement.
Medical Costs
A severe injury usually requires more extensive medical treatments, surgeries, hospital care, medications, physical therapy, etc. A serious injury can require plastic surgery, so your medical expenses will be much higher than for someone who was treated and released from their doctor.
Lost Earnings
Did you lose several months of income because of your dog bite injuries? In that case, you can receive a higher settlement. Your dog bite lawyer will review how much money you have lost because of injuries and treatments and ensure you are reimbursed.
Furthermore, suppose you have a major injury that means you cannot do the work you once did. You can be entitled to lost ability to earn a living, which your attorney will calculate with the help of economists and occupation specialists.
Liability And Negligence
The circumstances of the dog attack are important. If the owner was negligent and the dog was known to be aggressive, you could have a higher settlement. Having strong evidence of the owner’s negligence will strengthen your claim.
Insurance Amount
The liable party’s insurance coverage limits many personal injury claims. Many homeowners’ policies cover dog bite injuries, but you cannot receive more than the policy allows. For example, if coverage for dog bite injuries is only $50,000, you will unlikely get more unless you decide to sue the dog owner personally.
Effects On Quality Of Life
The settlement may be higher if your dog bite injuries affect your ability to enjoy life. Certain dog bite injuries involve scarring and disfigurement, and these damages can be worth more than if you fully heal physically from the injuries.
How A Dog Bite Case Is Resolved
Many personal injury claims and dog bite cases end with a settlement. A settlement is for less than the full case value if the claim went to court. However, a settlement results in guaranteed funds faster than a court case. You might receive more money in a jury trial, but on the other hand, the jury may rule against you. A court trial takes longer, too.
How To Maximize Your Dog Bite Claim Settlement
Everyone wants to get the most money for their dog bite injuries. You can bet that the liable insurance company will employ attorneys who try to undermine your claim. You are more likely to receive a high settlement for your dog bite injuries by retaining an experienced personal injury attorney. Your attorney will present the evidence of the case in a way that proves without a doubt that the owner’s negligence led to the dog attack.
Some of the evidence your attorney will probably rely on to prove liability and maximize your settlement are:
- Your medical records to show the extent of your injuries
- Photos and videos of your injuries
- Pictures of the animal to show its demeanor and whether there was a collar or leash
- Photos of the space that was supposed to restrict the dog, if appropriate
- Any history of earlier attacks
- Eyewitness testimony
- Video or security footage, if available
Some additional tips to maximize your compensation in your dog bite case:
- Get medical attention immediately: You should always go to the doctor immediately after a dog bite injury. First, getting fast medical attention protects your health; even a minor injury can be serious, especially if an infection occurs. Second, any delay in receiving medical care may lead to the insurance company questioning your injuries.
- Call the police: You should alert law enforcement and/or animal control if a dog bites you.
- Write down eyewitness contact information: Eyewitnesses to the dog attack can be critical for proving liability.
- Retain a dog bite attorney immediately: The sooner you retain an attorney, the better your case will be. You can say or do something that undermines your claim, so you should always contact an attorney before speaking with the insurance companies.
How A Dog Bite Attorney Can Help You
You aren’t required to hire a dog bite attorney when an animal attacks and injures you. However, getting a dog bite attorney will help you understand your legal options and whether you have a claim. Your dog bite attorney’s team can collect evidence for you and start building the case for compensation while you focus on healing.
Your attorney will work with your medical providers to prove your injuries and future medical needs to ensure you get the most money in your settlement. Your attorney may access experts, such as accident reconstruction specialists and economists, to build your case, determine fault, and prove damages.
They also will negotiate aggressively with the insurance company for the most compensation. Your attorney can file a lawsuit and go to court if the insurance company doesn’t offer enough compensation.
Don’t Forget The Statute Of Limitations
Every state has a statute of limitations for dog bite cases and other personal injury claims. Georgia, for example, has a two-year statute of limitations for personal injury and dog bite claims. Ensure you speak to a skilled dog bite attorney quickly to ensure enough time to research and file your case.
Contact A Dog Bite Attorney Today
Being bitten by a dog is a terrifying experience, and you can have devastating physical and psychological injuries. You may be entitled to compensation for your dog bite injuries. With the help of a dog bite attorney, you can receive money for your medical bills and other damages. Contact a dog bite attorney for a free consultation today for more information.