Dogs are among the most common house pets in the United States. Unfortunately, they are also among the top offenders of animal bites and attacks. The Los Gatos personal injury lawyers with Suits Litigation, Inc understand that suffering an animal attack can be a devastating thing. Our dog bite lawyer serving Los Gatos, CA, is here to help you collect the compensation you deserve.
How a Dog Bite Lawyer in Los Gatos Can Help Your Claim
The dog bite and animal attack lawyers at our firm are committed to helping bite victims recover their losses and hold the responsible parties accountable. To do this, we typically discuss your case and determine the best course of action. We will probably then investigate your case, collecting evidence, and begin settlement negotiations on your behalf.
What to Do After a Dog Bite in Los Gatos
In the immediate aftermath of a dog bite or dog attack, you may find yourself injured, scared, and unsure of how to continue. Our dog bite lawyer near you often advises you to consider the following actions:
- Assess for any injuries. If you have any significant injuries, like bleeding that won’t stop, head injuries that caused you to lose consciousness, or others that give you immediate concern, you may need to call 911.
- Try to get photos of your injuries, the dog that attacked you, and the scene of the attack.
- Identify and gather the contact information for any witnesses who may have seen what happened.
- Seek medical care. If you have not called 911 for emergency medical services, it is often smart to seek medical care immediately following the incident to minimize scarring, prevent infection, and proactively address the risk of rabies.
- If you call 911 after your bite, the police will create their own report of the call, and will likely provide you with the necessary information to report the bite to Silicon Valley Animal Control. They will investigate if necessary and address the vaccination and rabies status of the dog that bit you.
Finally, once your immediate safety needs are addressed, it is time to consider reaching out to a dog bite injury lawyer near Los Gatos to help you with your case. Regardless of whether you plan on filing a claim, you can benefit from speaking with us to learn about your options.
California Dog Bite Law
Dog bite laws vary from state to state, but California handles dog bite injuries with strict liability. This means that the owner is responsible for a bite in most circumstances, provided you can show they were somehow negligent. You do not have to show proof of a previous bite history or that they should have expected their animal to be aggressive, just that they failed to take the precautions necessary to keep everyone safe.
However, this is subject to some exceptions, such as military or police dogs, trespassing and provocation, or situations in which you would expect a higher risk, such as dog trainers or veterinarians.
Who’s Responsible and Who Pays for Dog Attack?
Determining who is responsible for paying the claim can be tricky. In many cases, the dog owner will have a renters’ or homeowners’ policy that will cover the incident. However, if that is not the case, you may find that you must go after the dog owner’s personal assets.
In some situations, you may find that it is a pet sitter, grooming facility, or boarding kennel responsible. In these circumstances, they will likely have some kind of business liability insurance that might cover the claim.
Additionally, if a landlord knew of a vicious dog on their property and failed to take the appropriate measures, they may be responsible, even if it is not their dog.
What Compensation Can You Recover After a Dog Attack?
You likely choose to contact a dog bite lawyer near you to recover compensation for your injuries. Every case is unique, and our team will calculate the damages we request based on several factors. However, some of the most common considerations for damages include:
- Medical costs that may include previous and future expected treatment, as well as prescriptions
- Lost wages from time off work to handle and recover from your injuries
- Loss of earning capacity for those who suffer permanent disability and can no longer work in a similarly earning position or field
- Scarring or disfigurement
- Psychological or emotional distress that requires treatment
- Pain and suffering
- The impact of the injuries on your day-to-day functioning and relationships
The actual value of your settlement will likely differ from the initial request or offer from the other party. Additionally, the amount requested will vary based on the severity of the injuries. For example, a small scar somewhere on your arm that is easily hidden is unlikely to recover as much as significant facial scarring that affects daily life.
Deadlines for Dog Bite Claims in California
The state of California imposes a two year statute of limitations on dog-bite claims. This timeline may vary depending on the age of the victim and whether they are filing a claim against a government entity, which may mean you have far less time to file. In most cases, the best way to determine how much time you have to file is to speak with a dog bite attorney.
Two years can seem like a long time. However, this process often requires it. Most cases will settle outside of court, which means you can avoid the cost and stress of taking the case to trial, but that requires negotiations. If you delay in contacting us, you may lose valuable time and limit your options.
While our dog bite attorneys are happy to try to help at any point in your case, the sooner you contact us, the faster we can get started on collecting and preserving evidence and building leverage in your position.
How Our Los Gatos Dog Bite Attorney Builds a Strong Case
Any time our dog bite injury lawyer takes on a case, we do so with the goal of building the strongest argument possible. Most often, this starts with a thorough investigation into what happened. We explore all identified avenues of liability to build the case while minimizing yours.
Once the dog bite lawyer is ready, we begin negotiations on your behalf. This is often as far as it goes, and we can reach a fair settlement offer. Most insurance companies are heavily incentivized to avoid the uncertainty and cost of a trial, making them motivated to settle.
If we are unable to settle, our dog bite lawyer near you has built the case so they are ready to take it to trial. We will not waste your time going to court if it is unnecessary, but you can rest assured that we are not afraid to do so if that is what your case requires.
What You Can Bring to Your Consultation
While you are not required to bring anything, there are several things that will make this time more effective and increase your chances of maximizing recovery:
- Police report
- Animal control report
- Photos
- Witness information and statements
- Contact information for the animal/owner
- Medical records/receipts from related treatment
These documents often act as key pieces of evidence in your case and allow our dog bite injury lawyer to gain a better understanding of the whole situation. You can gather these items in a folder and keep them readily available throughout your case, as you will likely need ot send or reference them more than once.
Contact a Dog Bite Injury Attorney Near Los Gatos, CA
If you or a loved one has been injured by a dog, we are here to help. We know these incidents can have lasting effects on people’s lives. Do not delay. For a free consultation with a Los Gatos dog bite lawyer near you, contact Suits Litigation, Inc today.
Frequently Asked Questions About Dog Bites
Gathering information about your case can be frustrating because so much of it is case-specific, meaning it is hard to get meaningful information from anywhere other than your dog bite lawyer. However, reviews from previous clients can tell you that we value direct and clear communication, so we’d like to address some common questions below.
Do I still have a case if the dog never bit anyone before?
If your bite was the result of someone else’s negligence, then yes. California’s strict liability laws regarding dog bites mean that the owner is responsible regardless of whether they had reason to believe their dog would bite. This includes a known history of bites.
What if the bite happened at a friend’s house or while I was working?
In most cases, as long as you were legally present on the property and not antagonizing the dog (teasing or threatening it), you should still be able to claim compensation. If you were working at the time, you may need to discuss your employer’s policy for these kinds of claims, as the process may vary, or you may have other options for compensation.
What if the dog owner says I provoked the dog or claims I was trespassing?
If the dog owners try to claim that you were trespassing or that you provoked the dog, it is wise to make sure you are represented by an experienced dog bite injury lawyer. In this circumstance, they should be able to provide evidence that you were not welcome on the property, or that you were provoking or mistreating the dog.
Even if you are assigned a portion of the blame, you may still be able to recover compensation under California’s pure comparative negligence system, though this is best discussed with a dog bite attorney.
Will reporting the bite automatically result in the dog being put down?
No. In most circumstances, a dog will not be euthanized for a single bite. A dog may be euthanized if it has been deemed vicious and cannot be kept in a way that keeps the community safe and preserves its quality of life, but this is not typically the case after a single reported bite.