The question many people ask after the attack is, “What now?” They are facing expensive medical treatment, ongoing pain and possible disfigurement, as well as trauma, anxiety and emotional distress that could last long after the cuts, scratches and scars have faded. Some of the injuries that dogs have inflicted on California residents include:
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Tissue and muscle damage
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Secondary infections which can set in after deep puncture wounds
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Infection with the rabies virus
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In some cases, especially those involving children, savage dog attacks can and do lead to death.
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Emotional and psychological trauma, both to children and adults
If you’ve been injured in a situation like this, there are a number of reasons why you should call an attorney after a dog attack. First of all, a good Sacramento dog bite attorney will be able to explain the various state laws that help to define the liability of the dog’s owner. They can also give you excellent guidelines as to the limits of what you could and should receive in terms of compensation.
California Dog Bite Laws
California dog bite laws are based on the premises of what is called “strict liability,” which states the following:
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A dog owner is obligated to restrain his or her animal in order to keep the general public safe from attack.
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Anyone who is legally present on public or private property and suffers a dog attack has the right to hold the dog’s owner liable.
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Under strict liability, the dog that attacks is the absolute and sole responsibility of the animal’s owner, and this is the law that applies in California.
A Sacramento dog bite lawyer has a number of responsibilities when filing a lawsuit against the dog’s owner, but those obligations are relatively straightforward. The dog attack attorney need only prove:
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The dog bite victim was legally and lawfully on the premises where the dog attack occurred.
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The victim was actually injured by the dog bite
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In some cases, the dog’s owner can even be held liable if the victim was injured trying to get away from an aggressive dog, even if the dog was ultimately unable to bite the victim.
In Some Cases, The Insurance Company Will Pay
The person who owns the dog that attacked is liable for all injuries and any damages sustained by the victim. If the dog’s owner also owns a home or other property, their home owner’s insurance policy should cover the damages. A good Sacramento dog bite lawyer will investigate who any claim should be made against and conduct the lawsuit accordingly.
In dog bite lawsuits, compensation for the following damages will be sought:
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Medical and emergency room costs
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Hospitalization, if required
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Plastic surgery costs
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Treatment for psychological and emotional treatment, which may be ongoing
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Recovery of lost wages due to an inability to attend work
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The loss of any future earning capacity
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Pain and suffering caused by the dog bite injuries
The fact is that insurance companies will vigorously defend any case that might cost them money. If they are facing an individual who does not have legal representation, they have a proven tendency to use the “3 D’s” of Delay, Defend and Deny. This means they will delay payment of any settlement offered, they will defend claims and hope the person filing the claim will not want to face the trauma of a court case, or they will even deny liability in what are obviously genuine claims.
