New Orleans Dog Bites Lawyer

Louisiana Dog Owners Are Responsible For Their Pets

A dog bite or attack can cause catastrophic physical damage and lead to severe emotional trauma, including a new or worsening fear of dogs. If a dog bit you or someone you love in New Orleans and caused injuries, you might be able to hold the dog’s owner financially responsible for those injuries and injury-related expenses.

CC Art. 2321 allows you to hold dog owners financially responsible for damages their animals caused if you and your lawyer can prove the owner was aware of or should have been aware of their dog’s aggressive behavior. This is commonly referred to as the “one-bite rule,” as the victim is usually left to prove the dog’s aggressiveness by showing it had bitten someone before.

The bite laws are clear: If the owner “failed to exercise such reasonable care” to prevent their dog from harming others unprovoked, they might be held strictly liable for injuries and other related damages. If you or a loved one was the injured party in a bite attack or animal bite, you could hold the responsible parties accountable. They must prevent the risk of harm to others.

Dogs Are Not Allowed To Run At Large In Louisiana

Louisiana Revised Statutes § 3:2771 declares that “no person shall suffer or permit any dog in his possession, or kept by him about his premises, to run at large on any unenclosed land, or trespass upon any enclosed or unenclosed lands of another.”

To do so would constitute a violation of the law. If the dog in question had vicious tendencies and attacked you while being allowed to run at large, you may have a valid negligence claim against the owner.

For example, if you encounter a dog at a park and the dog attacks you, the owner would be responsible if they should have had the dog on a leash.

Our dog bite injury lawyer serving New Orleans could help you collect compensation if you or someone you love was the victim of an unprovoked dog bite. Our case review team members can review the circumstances and attempt to hold the owner responsible for strict liability in your dog bite case. We can start strategizing on how to build your claim or lawsuit right away.

Potential Dog Bite Damages: What Compensation Can I Get After A Dog Bite?

Dog bite injuries can lead to extensive and long-term medical treatments. Our dog bite attorney in New Orleans, LA, aims to help you get the compensation you need to cover damages after a dog bite. Sometimes, a person’s home or renter’s insurance can cover the cost of any injuries. The compensation you get will depend on the severity of your injuries. You may be able to receive compensation for your medical expenses, pain and suffering, and any disfigurement.

Our dog bite law firm may be able to help you fight to receive compensation for the following economic and non-economic damages:

• Current and future medical expenses: Sometimes, you don’t realize the severity of a dog bite until later. Extensive medical bills can pile up after a dog bite. Compensation can help cover emergency treatment, follow-up doctor’s visits, pain medication, hospital admissions, and corrective surgeries.
• Current and future loss of earnings: You may be unable to work for a time after your injuries. This could be while you get emergency treatment or during long-term recovery. Compensation may help cover lost amounts in tips, bonuses, commissions, hourly rates, and vacation benefits.
• Reduced earning capacity: You might not be able to work at the same job you did before the incident. Compensation could help cover your costs from a change in job or inability to work.
• Pain and suffering: A dog bite can be extremely painful. You may be able to receive compensation for physical pain. But you may also get compensation for the mental and emotional pain that you experienced.
• Emotional distress: Some people who are attacked by dogs suffer extreme anxiety and stress due to the experience. They may feel helpless, scared, angry, sad, or suicidal. These feelings of traumatic experiences often last for months or years.
• Post-traumatic stress disorder: You may have post-traumatic stress disorder (PTSD) after a dog attack. PTSD symptoms include flashbacks, nightmares, anxiety, depression, anger, and more. Compensating victims of PTSD can help pay for counseling sessions and medications.
• Disability: After the dog bite, you may end up on disability, temporarily or permanently. Compensation can help cover your disability costs. Sometimes a dog bite injury will require plastic surgery as part of your medical care. 
• Wrongful death damages: If your loved one died because of a dog bite incident, you might be able to receive compensation to help cover funeral and burial costs and loss of consortium.

According to Mayo Clinic, a dog bite can leave severe and unsightly wounds that might require corrective surgery. You may be able to include the physical and emotional costs of your physical impairment or disfigurement in your claim for financial compensation.

Our personal injury team may assess your current and future injury-related expenses to reach a conclusive value of your claim. After valuing your claim, we may begin negotiating a financial settlement with the dog owner or their insurer.

New Orleans Dog Bite Compensation Options

If you are legally entitled to recover damages in a dog bite attack, your New Orleans dog bite attorney will examine all viable possibilities for your compensation.

Homeowners Or Renters Insurance Coverage

Your New Orleans dog bite lawyer will explore any potentially applicable insurance policies. Dog owners sometimes have homeowners insurance coverage or renters insurance that covers dog attacks. Some dog breeds may be excluded from these insurance policies, though. Having a lawyer represent you and analyze the insurance policy can help ensure you receive the benefits of any policy covering you.

In the absence of an insurance policy, we will explore other viable alternatives to recover what you are owed. Some of the other options for seeking damages in a New Orleans dog bite case are detailed below:

Filing A Premises Liability Claim

Some dog bite cases involve premise liability issues. Landlords are responsible for ensuring their property is reasonably safe and preventing harm to others. If the property owner fails to repair hazardous conditions that lead to the harm of another person, he can be held liable. For instance, if the landlord fails to fix a damaged fence and the dog escapes the property before attacking a neighbor, he would be financially accountable.

Similarly, if the property owner was aware of complaints about the dog and failed to enforce safety regulations with the dog owner or failed to evict the tenant for not taking safety measures with the animal, he might be found negligent. A premise liability claim can be filed against the landlord in situations like these.

Pursuing A Third-Party Negligence Claim

If another person or company oversaw caring for the dog when the attack occurred, you might be able to file a claim against them for negligence. They can be held liable for damages if they did not exercise care in protecting others from the dog, whether that means keeping it on a leash, securing it in a kennel, or warning others of its presence.

Filing A Lawsuit Against The Dog Owner

Dog bite victims who suffered due to the dog owner’s negligence have a right to compensation, regardless of any insurance policy. If no policy exists or applies, you can pursue the money you deserve through a lawsuit against the pet owner. A personal injury lawyer who handles dog bite claims with our firm can advise you of the lawsuit process and any likely outcomes of your case.

Proving Negligence After A Dog Bite In New Orleans

While you focus on recovering from the physical and emotional damage of a dog bite or attack, our client care team can start working on building your case. Your case will be built on the evidence presented to the at-fault dog owner and their insurance company or legal representative.

A personal injury attorney from our team may request some or all of the following items to build your case:

• The police report
• The animal control report
• Medical records
• Medical bills
• Determine if you suffered nerve damage
• Proof of income
• Photos of your injuries
• Witness statements
• Available video footage
• The dog’s vaccination and medical records

We want to collect the data as accurately as possible. Our goal is to gather evidence to determine the extent of damages. We want to get you any entitled compensation.

Letting Our Firm Take Charge Of Your Case

In addition to searching for evidence to prove negligence, we can provide other services such as:

• Communicating with other involved parties
• Negotiating for a settlement that appropriately compensates you
• Preparing your case for trial
• Updating you regularly on your case
• We encourage you to contact our legal team if you have any questions or concerns about your case.

Meeting Louisiana’s Statutes Of Limitations

Your ability to compel compensation for your damages from the at-fault dog owner is time-sensitive and subject to Louisiana’s statute of limitations. According to CC Art. 3492, you generally have one year from the date of the dog bite incident to file a lawsuit against the dog’s owner. The same timeline would go for wrongful death under CC Art. 2315.2 if your loved one lost their life from a dog bite.

By using the dates on the police report and your medical records, our team can make sure your personal injury lawsuit is filed in compliance with the state’s time restriction. Failure to file your lawsuit within the state’s deadline could forfeit your right to compensation.

The Physical Aftermath Of A Dog Bite Can Be Painful

According to the Merck Manual, a dog bite can lead to the following physical injuries:

• Risk of dangerous infection
• Pain, swelling, and redness
• Ragged, unsightly wounds
• Canine teeth puncture wounds

In some cases, dog bites can lead to disfigurement. According to the Centers for Disease Control and Prevention (CDC), one in five people who experience a dog bite requires medical attention.

In rare cases, a dog bite might also lead to rabies. According to the Merck Manual, once rabies symptoms develop, there is no effective treatment. So, it is imperative that you seek medical attention after a dog bite injury as soon as possible.

Medical professionals can help you get the treatment you need. Make sure to follow any directions they give you. For example, take any prescribed antibiotics and follow any recommendations for pain relief or wound care. Remember, your health is the priority.

Let Laborde Earles Injury Lawyers Help You With Your Dog Bite Case

Our lawyer can help you navigate the claims process if you want to file a personal injury claim for a dog bite injury. While you concentrate on your physical recovery or helping your child or another relative through their recovery, our legal team can focus on your financial recovery.

You can reach the personal injury team at Laborde Earles Injury Lawyers in our New Orleans office by phone or by filling out our contact form. We welcome you to start building your compensation claim today.