Dog owners have a responsibility to ensure that their pets do not cause harm to other people. If they fail and their dog ends up biting someone, they should pay the economic and non-economic costs the injury caused.
The Centers for Disease Control and Prevention (CDC) reports about 4.5 million dog bites per year in the U.S. Nearly 1 out of every 5 individuals become infected. Injury complications of this kind cause more problems for the injured party, as they could lose an arm or leg. The cost of treatment—as well as the injured party’s lost income during that time—can cause a lot of financial stress.
If you were one of the many people who will get bit by dogs this year, you can seek justice. Laborde Earles Injury Lawyers can help you seek compensation. Discuss your case with a dog bite lawyer in Andrew for free.
You May Have to Fight for Compensatory Damages
There are many reasons why a dog owner may not want to compensate for your injuries. For instance, they might argue that you provoked their dog. If this claim is proved, then the dog owner would be automatically released from any liability. An Andrew dog bite lawyer can stand by your side in the event of this occurring. We can go over every detail of your case and help you recover compensation.
Your lawyer will also show how your dog bite is more than just a physical injury. Many victims—especially children—may experience lifelong trauma from a dog bite injury.
For a free legal consultation with a dog bite lawyer serving Andrew, call (337) 777-7777
We Will Prove How You Sustained Dog Bite Injury
Dogs are easily provoked. But there are also many factors that may contribute to a dog bite injury. Some of these factors include:
The Owner Does Not Keep Their Dog’s Temperament in Mind
Dogs are very territorial creatures. Many will attack if they perceive you are invading their turf. This is one of the main causes of dog bite injuries. For instance, a dog will attack you if you enter a house because it will think that you are intruding. The breed of the dog can affect how it behaves.
A Dog’s Training May Have Resulted in Your Injury
Certain dogs go through training to help the police or other law enforcement agencies. If such dogs are at home or with the general public, they may attack an individual.
The Dog’s Owner May Be Responsible for Your Injuries
A dog owner should take proper measures to prevent injuries if they know their dog is territorial—like keeping them indoors, making sure external doors are closed, or making sure they are on a leash when outdoors.
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Proving Liability in a Dog Bite Case
The dog owner might argue that you are at fault if their dog bites you. If you provoked the animal or were trespassing, then the dog owner is not liable. A dog owner is liable for your dog bite injuries if:
- The dog owner knew that the dog was dangerous.
- The dog owner did not exercise reasonable care to prevent harm to other people.
The above two points are put in place by CC § 2321. For you to get compensated, you need to prove the dog owner’s liability. This is something you should let your lawyer take care of by investigating the dog’s conduct and any previous cases where the dog attacked someone without provocation. You should focus on your recovery.
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What Damages Are Recoverable?
Dog bite claims fall under Louisiana’s personal injury laws, meaning you can likely initiate an insurance claim or file a lawsuit requesting damages from the animal’s owner that will cover bite-related costs and losses.
A personal injury attorney will review your case and file a lawsuit based on contingency fees if they believe they are able to recover damages. You should not have to owe any lawyer’s fees unless your legal representative wins damages in your case. Recoverable costs in a dog bite case may include the following:
- Past, present, and future health care expenses
- Surgery for scarring
- Plastic surgery
- Physical pain and suffering
- Lost income and reduced earning ability
- Compensation for long-term or irreversible impairments
- Attack-related mental health counseling or therapy
- Psychological pain and suffering
- Emotional distress or trauma
- Loss of consortium or services
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What Is the Average Amount of a Dog Bite Settlement?
There is no typical amount for a dog bite settlement. Each dog bite injury claim is unique, and various factors impact each settlement amount, including the following:
- Victim’s age and sex
- Location and severity of dog bites or injuries
- Other injuries, such as muscle or nerve damage
- Amount and form of medical treatment
- Irreversibility of scars or disfigurements
- Attack-related psychological and emotional distress
- Total of lost income and medical expenses
- Dog owner’s extent of insurance coverage
What You Need to Know About Dog Bite Injuries
Many people do not know a lot about dog bite injuries or what to do to get compensated. You should keep the following in mind:
You Should Always Seek Medical Treatment After a Dog Bite
A doctor may clean your wound, apply ointment, and prescribe you antibiotics—according to Cleveland Clinic. There is a danger of infection in this case. They also state that these injuries produce new forms of bacteria in the victims “roughly 50%” of the time. The forms of bacteria might be:
- Staphylococcus
- Streptococcus
- Pasteurella
- Capnocytophaga
Keep your health in mind. Do not ignore the need to seek treatment.
You Can Ensure That the Dog That Injured You Does Not Bite Anyone Else
Pursuing your claim will help the dog owner ensure that the dog does not attack another person. You can also secure financial justice from the owner. There is always a chance that the owner realizes that they are not caring for their pet as they should—in a way that they change how they keep other people safe around their dog.
Under LA Rev Stat § 14:102.13, a “vicious dog” may be euthanized. An unfortunate result of an injury may also prevent future injury to someone else.
If you have sustained dog bite injuries and the costs keep rising, you can get compensated. The timeline for filing personal injury lawsuits after a dog bite is one year under CC § 3492. However, some exceptions allow you to file your case even if the one-year limit lapses. The first exception is if the injured party is a child. In such a case, the injured party can pursue the personal injury claim after becoming an adult.
The second exception concerns the discovery rule. For instance, if you discover that the dog had an owner after the one-year timeline lapses, you can still file your claim.
Common Dog Bite Injuries
The most common injuries seen by dog bite injury lawyers after an attack include the following:
- Puncture wounds
- Scratches
- Lacerations
- Pain
- Scars and disfigurement
- Bone fractures and breaks
- Infections
- Nerve damage
- Rabies
In addition to physical harm, a dog bite victim often experiences emotional trauma, such as nightmares, post-traumatic stress syndrome (PTSD), and guilt or embarrassment.
Other Dog-Related Injuries
It’s important to know the difference between dog-related injuries under strict liability law and those involving standard negligence law. The strict liability law applies only to injuries caused by dog bites. However, occasionally a dog’s behavior, other than biting, can result in a person being injured.
For example, suppose a dog is chasing someone, and, in the process of running away, the individual tripped and broke an arm. In this case, the dog owner would not be strictly held liable for the injuries.
Instead, this case would proceed like a standard personal injury case in which the plaintiff would be required to prove the dog’s owner was negligent. In addition, they would have to demonstrate that the dog owner owed them a duty of care and breached that duty. Finally, they must also show that you were injured, and the dog owner’s negligence proximately caused their injuries.
The Provocation Defense
Defense lawyers and insurance agencies often use a strategy known as the “provocation defense” to evade liability. This defense tries to show that the attack victim took action toward the dog to provoke the animal to react aggressively and bite. A judge is able to dismiss a lawsuit in some situations based on this defense strategy.
Provocation can be either purposeful or unintended. For instance, if a person pulls a dog’s tail, this could be considered a deliberate act that could provoke an attack. However, a person who comes up behind a dog and unwittingly startles it might be regarded as an accidental act of provocation. In addition, the dog’s reaction must be proportional relative to the alleged provocation.
Get Help From Laborde Earles Injury Lawyers
Our main goal is to help you. We do this by assigning your case to an Andrew dog bite lawyer. We also use all our resources and knowledge to help you get compensated. Call us today or contact us online and receive a free case review. Reach out to us so that we can begin working. You have nothing to lose by calling us.
We are prepared to do the following:
- Guide you throughout the entire legal process
- Gather evidence, like photos, security footage, police reports, etc.
- Valuate your damages
- Answer your questions
- Visit you in your hospital room, at your home, or in your office
- Speak to you over the phone, via video call, or over social media/texting
Call or text (337) 777-7777 or complete a Free Case Evaluation form
