Each year, millions of Americans are bitten by dogs, but not all cases lead to a lawsuit. In fact, many of them do not meet the basic requirements for filing a lawsuit. If you are considering a lawsuit against a dog owner for a bite you suffered, here is what you should know before acting.
Is the Dog Owner Liable?
One of the misconceptions about dog bite cases is that the owner is automatically liable for the damages. But in some areas, the local and state laws could relieve the owner of responsibility for the damages in certain situations.
In some states, the owner is responsible for their dog's actions regardless of the circumstances. In other states, though, the actions of the person who was bitten could have an impact on whether the dog owner is responsible. For instance, if the victim had entered the owner's fenced-in yard without permission and was bitten, the owner might not be considered liable.
Since the laws vary by state, you should start your assessment of your right to file a lawsuit by reviewing your city and state laws. Sometimes, the information might seem conflicting. Consulting with an attorney can give you a definitive answer on whether the dog owner is responsible.
What Are Your Injuries?
Dog bites are part of personal injury law. In personal injury law, it is often not enough to have been in an accident or conflict. You also must show proof of an injury. If your dog bite injuries were minimal, you could have trouble getting your lawsuit off the ground.
However, if the injuries not only resulted in the need for medical treatment, but also interfered with your ability to work and caused emotional distress, you likely have a case. You will need to provide proof of your injuries, such as medical bills or a report from your mental health therapist if the incident led to the need for treatment.
Did the Injury Occur While Working?
Another factor that could have an impact on your ability to file a lawsuit is whether you were working at the time of the incident. If you were bitten while working, you could still file a lawsuit against the dog owner. However, there is a chance that you could ask for workers' compensation benefits from your employer.
If you are unable to work for a period, you could receive benefits that would not only pay a portion of your lost salary, but also medical help with your bills.
For more information about dog bite lawsuits, contact a personal injury law firm, such as Law Office of Daniel E Goodman, LLC, that has experienced dog bite attorneys.
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