Dog bites are often painful and traumatic events. When a dog owner or handler’s negligence causes your bite injuries, you need the support of a dog bite lawyer serving Santa Clara. The team at Suits Litigation is here to help. When you call one of our Santa Clara personal injury lawyers, we can discuss your situation and help you figure out the next steps.
How to Get Started with a Dog Bite Lawyer in Santa Clara, CA
At Suits Litigation, we are committed to supporting dog bite victims in their journey to recover compensation for their injuries. Whether you are unsure of what comes next or you know you want to find an attorney, contact our team to schedule a free consultation and get started. We can review your case and help you identify the next steps that will best meet your goals.
What to Do After a Dog Bite in Santa Clara
You may find that you are disoriented in the immediate aftermath of a dog bite, unsure of what to do. However, there are several moves you can make to ensure your safety and protect your case. According to our dog bite and animal attack lawyers, these often include:
- Seek Immediate Medical Evaluation: This may mean calling EMS or taking yourself to the doctor immediately after. Dog bites can cause nasty infections that may be easily prevented by early medical care, and this starts documentation that you may be able to use to strengthen your case.
- Identify the Dog and Owner: Whether you know that you intend to file a lawsuit or pursue compensation or not, it is integral to identify the dog and owner so you may contact them later. Additionally, you will need the information to file a report.
- Determine Vaccination Status of the Animal: While the reported incidents of rabies in Santa Clara dogs were low last year, it is imperative to address the issue head-on.
- Identify Witnesses: Witnesses may be individuals who actually saw the event, or they may be neighbors who heard what happened. Our local dog bite lawyer may be able to help identify any overlooked witnesses.
- Report the Bite: When you report the bite, you establish official documentation of the incident, and it can go a long way in protecting others in your community, especially children, who are more likely to suffer a bite that requires medical treatment or becomes fatal.
- Call Suits Litigation, Inc: Call our dog bite injury lawyer to discuss what happened.
Immediately going to the hospital for minor scrapes, puncture wounds, or looking for a dog bite lawyer near you can feel a little dramatic, but the reality is that the best treatment is proactive. Diseases like rabies may be uncommon in pets, but it is nearly 100% fatal in humans once symptoms occur, and early medical treatment can prevent this.
California Dog Bite Law Explained
California has strict liability when it comes to dog bites. As a victim, this relieves you of the duty to prove the owner had knowledge of the risk their dog posed. You must simply show that the owner’s carelessness was responsible, as outlined in Civil Code 3.3.1714. This may be that they allowed the dog off leash, failed to take reasonable precautions to keep them contained, or that they failed to protect the public from a dog with a known bite history.
This rule does not absolve you from fault completely, however. For example, say the dog escaped its owner, who failed to properly secure it, but when it came up to you, you kicked at it, which caused it to react. While you may be considered slightly responsible for threatening the dog, which made it defend itself, the owner still holds responsibility. Say you hold 10% faul, according to California’s pure comparative negligence statutes, you can still recover 90% of the total damages.
Who Pays for a Dog Bite Claim?
There are several sources of payment when it comes to a dog bite. In many cases, the dog owner’s renters’ or homeowner’s insurance may cover the claim. However, depending on the situation, you may end up recovering damages from their personal assets.
Damages in Dog Bite Cases
The damages you can claim in a dog bite case will vary significantly based on your specific situation, though some of the common considerations for damages include:
- Medical costs
- Lost wages
- Loss of earning capacity
- Modifications to your home or vehicle
- Scarring and permanent disfigurement
- Emotional trauma that may require treatment and care
- The impact of the attack on your relationships and daily life
A dog bite lawyer near you is not typically able to tell you what you can claim in damages until they are able to give your situation a solid review, and you have finished or mostly finished any necessary treatments and adjustments. However, our dog bite injury lawyers work diligently with clients to obtain the desired result.
How Long Do I Have to File a Dog Bite Claim?
In most cases, you have two years under California’s statute of limitations ot file a claim for adults, though you may have longer if you were attacked as a minor, and less time if you are filing the claim against a government entity.
This may seem like a long time, but negotiations can easily take this long, so you should contact a dog bite attorney as soon as possible ot make the most of this time. If you fail to file your lawsuit within this period, you will forfeit your ability to recover damages.
How a Santa Clara Dog Bite Attorney Builds Your Case
Our Santa Clara County dog bite attorney is committed to helping you build the strongest possible case. This often includes investigating your case by gathering documents, speaking with witnesses, and gaining a deeper understanding of what happened and how.
Once we are confident we have the necessary facts, we will typically begin negotiations with the other party. We will gather the evidence, calculate damages, and present our offer to settle. Most insurance companies are motivated to do this because taking a case to trial can be unpredictable and may force them to pay more than you would otherwise ask.
While we do hope to settle your case without having to take it to trial, our dog bite injury lawyer is always preparing in a way to be trial-ready, so you know that we are capable of taking it all the way if that’s what you need.
What to Bring to Your Free Consultation
While we do not have a strict requirement of things to bring to your consultation, there are several ways you can make the most of it that will help our dog bite lawyer give you a better idea of what to expect from your case:
- Your ID
- Police report
- Animal control complaint form
- Photos of the injuries
- Witness information
- Any medical records
- Receipts for related expenses
- Information on the dog and owner (we may be able to investigate to identify the responsible party if you do not have contact information)
The more you bring to your scheduled case consultation, the more we can put together the picture of what happened and prepare you for what to expect. At the consultation, we will review the information you have and may identify any additional needed documentation to continue with your case.
Contact a Santa Clara County Dog Bite Attorney Near You
Don’t delay, and do not hesitate to reach out. You can expect our dog bite injury lawyer to discuss the contingency fee model and help you understand our payment model. To learn more, contact our law firm today to schedule your free case review.
Frequently Asked Questions About Dog Bites
While we cannot give you detailed answers about your case without adequate review, our dog bite lawyer knows that some general information can still be helpful. These are some of our most commonly asked questions.
What if I was bitten by a friend’s or neighbor’s dog? Do I still have a claim?
Your relationship with the dog’s owner has little to no legal impact on whether you have a claim in most cases. If your neighbor was negligent in ensuring their animal was safe for you to be around, they may be liable. However, we do understand that the relationship may be a factor in whether you choose to try to navigate the system privately or pursue legal action to the fullest extent you can.
Will the dog be quarantined or euthanized after a reported bite in Santa Clara County?
In most situations, a dog will not be euthanized after a single reported bite in Santa Clara County. Mandated euthanasia of an animal is rare and typically only occurs after several bite incidents and a determination that the animal is vicious and unable to be managed in a way that preserves the animal’s quality of life and protects the public.
How much is a typical dog bite settlement in California? What affects value most?
It is nearly impossible to determine how much a ‘typical’ dog bite settlement amount is. However, our dog bite lawyer near you typically finds that some of the things that affect the value the most include the long-term impact of the attack, the extent of your injuries, and the evidence you have to support those claims.
For example, a bite that resulted in a couple of stitches that healed well and did not cause significant or long-term harm is unlikely to recover as much as a bite that caused significant scarring and disfigurement that will affect the rest of the person’s life.
What if the dog owner says I “provoked” the Dog or claims I was trespassing?
Too many bites happen because an otherwise well-mannered and even-tempered dog gave signals that were ignored or misread. California legislators understand that an owner can only be responsible for their animal and its behavior. Therefore, if someone else engages the animal in a way that is seen to be provocative or threatening, the individual may be legally responsible for their own injuries, though the owner should be able to provide evidence of provocation.
If the dog’s handler says you were trespassing, this may also excuse them from liability, as they are only responsible for injuries to those lawfully on their property. However, again, they should be able to show evidence of this violation.