Dogs are one of the most common pets found in American households. But a bite from these beloved animals can cause you severe injuries. The owner’s negligence is usually the cause of most dog attacks. If you sustained dog bite injuries due to the owner’s fault, you could have a legal right to recover damages. Louisiana Civil Code § 2321 is clear on that.
But, recovering damages may be difficult to do on your own. The laws can get complicated, and the defense may put up a strong fight. Our Cankton dog bite lawyers can help you navigate the compensation process. Our attorneys understand the law and can deal with the defense.
Proving Fault for Your Dog Bite in Cankton
In Louisiana, the dog owner is responsible for the damage that their dog causes. This includes damage caused to property and an individual. But, the dog owner does not assume responsibility in all cases.
Instead, the dog owner is responsible if:
- They knew or should have known that their dog posed a risk
- They could have prevented your attack by exercising due care
- They did not practice the necessary reasonable care
- The injured person did not provoke the dog
Our lawyers can work with you to help prove the dog owner’s liability. To do this, your attorney must:
- Show the existence of a duty of care
- Show that the dog owner breached the duty of care
- Prove that a bite occurred from the breach
- Demonstrate that you suffered other damages as a result
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Financial Recovery Is Possible After a Dog Attack
The value of your Cankton dog bite claim will rely on what damages you can recover. Damages can fall into economic and non-economic categories. Your medical expenses are covered under economic damages. It includes the cost of:
- Reconstructive surgery, if any
- Medication
- Doctor’s fees
- Physical therapy
Economic damages also include the income you lose when you can’t go to work during recovery and future lost earning capacity (if your ability to work as before is affected). Non-economic damages include unquantifiable damages like pain and anguish. A dog bite can cause psychological trauma, anxiety, and post-traumatic stress disorder (PTSD).
Thus, you could recover damages for emotional anguish, including these intangible impacts. Under non-economic damages, you could also recover compensation for pain and suffering, scarring, and disfigurement. Your lawyer can determine which damages you qualify for and help you pursue compensation.
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Filing a Claim Against the Dog Owner’s Insurance Provider
Insurance companies insure homeowners for damages their dogs might cause. This service is part of homeowners and renters insurance policies. So, you could file a claim against the dog owner’s insurance provider to recover damages.
The other party’s insurance company may reach out to you for a recorded statement on the incident. In this conversation, the insurance representative might look to exploit something you may say to deny or lower your settlement. However, you can choose to hire a lawyer to safeguard your claim.
Your dog bite lawyer can take care of communications with the dog owner’s insurance provider. We can also use our skills to negotiate a settlement for you. But if you cannot reach an agreement, you have the option of taking the case to a civil court. Our lawyers will help you with that.
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Dog Bite Lawsuits in Louisiana Are Subject to a One Year Deadline
The statute of limitations is a certain amount of time applied to how long a victim has to file a lawsuit. This period is specific to the type of case. Dog bite cases fall under personal injury. Personal injury lawsuits in Louisiana have to be filed within one year of your injury under Louisiana Civil Code § 3492.
If you miss the one-year deadline in your dog bite case, you might lose the chance to recover damages—the court will likely throw out your case. A missed deadline can also affect your negotiation position with the insurer.
If you choose to enlist the help of a dog bite lawyer, you should do so as soon as possible after your attack. Doing so will allow them to work on your case promptly before one year elapses.
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Our Cankton Lawyers Can Gather Evidence To Build Your Dog Bite Case
When you present a strong case, it helps your pursuit of compensation. Building a strong dog bite case requires credibility and quality evidence. Your dog bite attorney can gather evidence to back your claims against the defendant.
Witness testimonies are a form of evidence. Your lawyer can speak to eyewitnesses to get their accounts of what happened. This will help establish who was at fault for the attack. Under Louisiana’s laws, if you shared fault for the attack, your settlement will be reduced by your degree of fault.
So, establishing who is at fault is essential in securing full compensation. Safeguard any receipts that show your dog bite-related costs. These will help your lawyer prove your damages.
Laborde Earles Injury Lawyers Works on Contingency
Lawyers utilize a variety of payment methods in providing their services. But there is a common payment method used in personal injury cases called the contingency-fee arrangement.
We use the contingency-fee arrangement when providing our services. It allows victims to obtain legal aid for zero legal fees until we win their cases in court or settle with the insurers. You will then pay an agreed-upon percentage of what you recover.
Get Legal Aid From Our Dog Bite Legal Team
Our dog bite lawyers are ready to start working with you. Our team working with Cankton families can analyze your case and explain what legal options you can pursue. Reach out to our dog bite attorney’s team at Laborde Earles Injury Lawyers today! Our staff can help with dog bite claims and lawsuits, and more.
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