Dog Bite Claims: What to Do After a Dog Attack

Each year, millions of people in the U.S. are bitten by dogs, with a significant portion requiring medical attention. According to the American Veterinary Medical Association (AVMA), approximately 4.5 million people are bitten annually in the U.S. Understanding what steps to take following a dog attack is crucial for protecting your health and your legal rights. This guide provides a comprehensive overview of dog bite claims: what to do after a dog attack, offering advice on immediate actions, gathering evidence, and pursuing compensation for your injuries.

Immediate Steps After a Dog Bite

Your immediate actions following a dog bite are critical for your health and any potential legal claims. Here’s what you should do right away:

Seek Medical Attention: Your priority should be your health and safety. Even seemingly minor bites can lead to infections or require stitches. The American Veterinary Medical Association reports that about 334,000 dog bite injuries are serious enough to require emergency room care each year. Puncture wounds are especially prone to infection because dogs may not be vaccinated against rabies. Don’t hesitate to go to the emergency room if necessary.
Report the Incident: Contact local authorities or animal control to report the bite. Filing a dog bite report with your local animal control agency helps protect the public. The agency may label the animal as a dangerous dog if they feel it is aggressive. The agency’s investigation into the incident may also help your case.
Identify the Dog and Owner: If possible, identify the dog and its owner. Collect the owner’s name, address, phone number, and insurance information. Also, get details about the dog, such as its breed and vaccination history.
Gather Evidence: Document everything related to the attack. Take photos of your injuries, the scene, and any torn clothing. This allows you to accurately document the harm done in real-time before it begins to heal.
Talk to Witnesses: Get contact information for anyone who witnessed the incident. Eyewitness accounts can provide a more accurate picture of what happened.

Gathering Evidence for Your Dog Bite Claim

To successfully claim dog bite compensation, you’ll need solid evidence. Here’s what you should collect:

Medical Records: Obtain detailed records of your injuries and treatment. Good medical records are key to proving your injuries.
Photographs: Take photos of your injuries immediately after the bite and during the healing process.
Witness Statements: Collect statements from anyone who saw the attack.
Animal Control Reports: Obtain copies of any reports filed with animal control.
Clothing: Keep any torn or bloodied clothing from the incident.

Understanding Dog Bite Laws and Liability

Dog bite laws vary by state, but many follow the principle of negligence. Dog owners have a responsibility to protect others from harm, including harm from a dog bite. A dog owner or other party may have been negligent if:

They owed you a duty of care to protect you from a dog attack.
They did not live up to their duty of care.
Their breach of duty caused your dog bite to happen.
The dog bite caused you damages (e.g., financial losses).

Some states have “strict liability” laws, meaning that dog owners are responsible for injuries their dogs cause, regardless of whether the dog has bitten anyone before or whether the owner was negligent.

Compensation for Dog Bite Injuries

If you’ve been bitten by a dog, you may be entitled to compensation for your injuries. Compensation can cover:

Medical Expenses: Full compensation for medical costs, including emergency room visits, surgery, physical therapy, plastic surgery for scarring, and psychological counseling.
Lost Wages: Compensation for lost income if you’re unable to work due to your injuries.
Pain and Suffering: Damages for physical pain, emotional trauma, anxiety, and PTSD.
Permanent Scarring and Disfigurement: Compensation for permanent scars, especially on visible areas like the face, hands, or arms.

The average dog bite settlement can range from $10,000 to $100,000, but can be higher or lower depending on case factors. The average dog bite settlement amount is $65,000. However, it can range from $15,000 to several hundred thousand dollars based on factors specific to the case, including state laws and the injury’s severity.

The Role of a Dog Bite Lawyer

Navigating a dog bite claim can be complex, making it essential to seek legal guidance. A dog bite lawyer can help you:

Understand Your Rights: Explain your rights and the laws in your state.
Gather Evidence: Collect and organize evidence to support your claim.
Negotiate with Insurance Companies: Handle communication with insurance companies and negotiate a fair settlement.
Represent You in Court: If a settlement cannot be reached, represent you in court.

Statute of Limitations for Dog Bite Claims

Each state has a statute of limitations for filing a dog bite lawsuit, typically ranging from one to three years. In California, the statute of limitations for dog bite claims is generally 2 years from the date of the incident, which aligns with the timeframe for most personal injury claims. Missing this deadline could result in your case being dismissed, leaving you unable to recover compensation for your injuries.

Preventing Dog Bites

While understanding what to do after a dog bite is crucial, preventing bites is even more important. Here are some tips to help prevent dog bites:

Never approach an unfamiliar dog: Always ask the owner for permission before petting a dog.
Be cautious around dogs that are eating or sleeping: Avoid disturbing dogs when they are eating or sleeping.
Teach children how to interact with dogs: Educate children on how to approach and interact with dogs safely.
Respect a dog’s space: Do not invade a dog’s personal space or try to hug or kiss it.

Conclusion

Being bitten by a dog can be a traumatic experience, leading to physical injuries, emotional distress, and financial burdens. Knowing what to do after a dog attack is essential for protecting your health and legal rights. By taking immediate action, gathering evidence, and seeking legal guidance, you can navigate the claims process and pursue the compensation you deserve. If you or a loved one has been injured in a dog attack, contact a personal injury attorney today to discuss your case and explore your legal options.