How Could a Lawyer Assist in a Dog Bite Case?
Dog bite cases can be complicated. Having the guidance of a lawyer is the best way to ensure that the person is appropriately compensated for their pain and suffering. A lawyer could investigate the details of the attack, gathering evidence and establishing fault through a careful, painstakingly detailed process. A lawyer could also act as an advocate for the victim, upholding their rights and ensuring they do not get mired in the confusion of the legal process.
A lawyer understands that the injured person needs time to recover from their pain and trauma. Our team could handle the details of the case, guiding the victim and making sure they do not forget any important deadlines or requirements.
What Is Strict Liability?
California uses a strict liability rule for dog bite cases. Under California Civil Code § 3342, a dog owner is usually responsible when their dog bites someone else. Some general limitations apply, including that the attack has to occur in public or while that person is legally on private property. You do not need to prove the owner knew the dog was dangerous or had bitten someone before to recover compensation. This standard is different from other states that take a negligence approach, as those jurisdictions require proof that the owner knew the animal was dangerous.
This rule protects victims because it removes one of the biggest hurdles found in other injury cases. Instead of arguing about whether the owner acted carelessly, the focus stays on the injuries and losses caused by the attack. Even a first-time bite can lead to a viable claim for compensation under California law.
Strict liability does not apply in every situation. For example, the law may not protect someone who was trespassing at the time of the attack. Different rules apply to police or military dogs while they are working. An Irvine dog bite attorney can answer your questions about what this standard means for your case.
Damages in a Dog Bite Injury Case
A serious dog attack can affect nearly every part of a person’s life. Your Irvine dog bite attorney could help you recover the following types of compensation for your injuries.
Medical Expenses
Dog bite injuries often require emergency treatment, stitches, surgery, medication, and follow-up care. You not only have the right to seek damages based on your past medical expenses, but you can also recoup the cost of future care related to your bite injury.
Lost Income
A dog bite may force a person to miss work during recovery. Some injuries also limit the ability to return to the same job or work the same number of hours. Lost wages and reduced future earning ability may become part of a claim.
Pain and Suffering
State law also recognizes the physical pain and emotional distress caused by a dog attack. An animal attack can leave you with anxiety around dogs, sleep problems, scarring, or long-term trauma after the incident. These damages do not come with receipts, but they still matter in a personal injury claim.
Scarring and Disfigurement
Dog bites frequently leave permanent scars, especially on the face, arms, or legs. In addition to the physical marks these bites leave, you can expect to face emotional scars as well. Compensation may cover both the cosmetic damage and the emotional impact of permanent scarring.
Property Damage
Some attacks damage personal property during the incident. Torn clothing, broken glasses, damaged phones, or other personal items may also be recoverable as part of the claim.
The Deadline to File a Lawsuit
California law places a strict deadline on dog bite injury lawsuits. In most cases, a victim has two years from the date of the attack to file a personal injury lawsuit against the dog owner. Missing that deadline can prevent recovery entirely.
Certain situations can change the timeline. For example, injured minors may receive additional time to file because the statute of limitations may not begin running until they turn 18 years old.
Waiting too long can also make a case harder to prove. Over time, witnesses forget what they saw and other evidence can get lost. The sooner you speak to an attorney about your case, the better your chances of recovering damages become.
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