What To Ask A Lawyer After A Dog Bite
There are several important questions you may want to raise with a lawyer if you’ve been bit by a dog. It’s a good idea to air those questions with a qualified attorney, so you’ll know what to expect and how to proceed. An attorney is available to walk you through all the legal questions you may have.
Here is a list of questions you can ask a lawyer after a dog bite.
Can I Sue If a Dog Bit Me?
Getting bit by a dog probably caused significant injuries and damages. Dog bite injuries can range from minor to severe. Any time a personal injury occurs, it’s important to consider whether you have a lawsuit or not due to the expenses you must pay.
A dog bite case is considered a personal injury. So, you can sue if you were bit by a dog. You can have a dog bite lawyer file a lawsuit against the owner, which will get things started.
Are There Any Situations Where I Can’t Bring a Dog Bite Lawsuit?
There are limited instances in most states that won’t allow for a person to seek damages after a dog bite. These are as follows:
- You were trespassing on the other person’s or business’s property when you got bit by the dog.
- You provoked the dog by teasing or harming it in some way.
In another instance, the victim and dog owner could share liability. Your dog bite lawyer will let you know more information about that.
What Damages Can I Seek in a Dog Bite Case?
The damages in a dog bite case stem from the financial and non-financial losses you’ve incurred while injured. Some of these may be:
- Medical costs from being in the hospital or visiting the doctor’s office
- Loss of income from being out of work
- Loss of pleasurable activities
- Loss of consortium
- Pain and suffering
- Mental anguish
How Will a Lawyer Build My Case?
Building a case for a dog bite injury involves using the laws currently active in the state where the case takes place. That means different tactics may be used depending on the state where the case is tried. However, your lawyer will work to show any of the following:
- The state has a strict-liability law. This law is active in most states. It is based on the theory that dog owners must be held responsible for their dog’s actions. That’s how the term strict liability came into play. This makes building the case simpler since it puts full responsibility on the owner.
- The victim can show the dog owner knew the dog might bite. If the state doesn’t have a strict-liability rule, this other method of proving liability can be used. This utilizes the “one-bite” legal rule, which states if a dog has bitten someone in the past, the owner should know the dog could be dangerous and may bite again. This makes them responsible.
- The victim can show the dog owner acted negligently and carelessly, which directly led to them being bit. For example, the owner may not have had their dog on a leash.
Since there are various state laws, the attorney will research the laws in the state where the case is to determine what method is best to use in building a strong case against the defendant.
What State Do I File in If I Got Bit Out of State?
Some people get bit in one state but live in another. When this happens, your dog bite lawyer will determine which state has jurisdiction. Jurisdiction means the official power to exercise legal decisions over a case. In most instances, the case must be handled in the state the dog bite occurred.
However, the dog bite owner might have residency in your home state as well. Sometimes a person has dual residency, especially if a city borders another state. So, the case could possibly be handled in your home state.
If the incident occurred with a business entity versus a private homeowner, your lawyer would determine whether they have a location in your home state. If so, that can be another reason for having the case held in your home state. Talk to your lawyer about this.
How Much Will It Cost to File a Lawsuit?
The cost of a lawsuit will vary depending on the case’s specifics. Some of the expenses that go into filing and bringing a lawsuit include:
- Attorney fees. This could be hourly, flat rate, or a percentage of your compensation amount.
- Court costs.
- Filing motion fees with the court clerk.
- Service fees.
- Other miscellaneous costs.
In some cases, there won’t be court costs because the attorney can successfully negotiate a settlement. This allows the lawsuit to get settled quickly.
When you work with Isaacs & Isaacs Personal Injury Lawyers, you won’t have to stress out about these various costs. You can pay for your lawsuit and attorney fees after the case ends and you have won your settlement. A dog bite attorney at Isaacs & Isaacs Personal Injury Lawyers will set up a contingency plan with you for payment.