Over the years, our team has handled dog bite cases involving injuries so severe that they were difficult even to describe. In one case, the client suffered catastrophic injuries that left permanent scarring. Despite the challenges of working within the limits of the responsible party’s insurance coverage, I fought to secure the maximum compensation available to help my client rebuild their life – and I’m ready to do the same for you.
If you’ve suffered a dog bite injury in California, understanding the claims process is essential. This guide will walk you through what to expect and answer important questions such as:
The last thing you want is to hire an attorney after a dog bite only to discover that you don’t have a valid claim. On your own, it’s challenging to determine whether your case meets the requirements for a claim. To evaluate your situation, ask yourself:
Dog bites can be especially overwhelming because your first instinct is to get away from the animal and to safety. However, knowing what to do in the aftermath can make it easier to prove your case later. The evidence you gather at the scene—and the steps you take afterward—can play a major role in your claim.
When a dog bite occurs, contacting animal control should be your first priority. They can assist with investigating the attack and collecting critical information, such as:
Animal control can also take photographs of the dog and identify the specific animal responsible if multiple dogs were present.
If animal control isn’t available, you can still gather important details yourself:
Neighbors or witnesses can also provide valuable testimony. They might reveal whether the dog has caused problems before, such as attacking others or behaving aggressively.
Ultimately, California’s strict liability laws hold dog owners accountable for bites, even if the animal had no prior history of aggression. However, if you can show the owner knew the dog was dangerous, it can support a claim of negligence, potentially leading to a stronger case overall.
For example, in a recent case, neighbors shared that the same dog had attacked others in the past, which helped establish a history of aggression. Statements like these can strengthen your case by showing the owner knew about the dog’s dangerous tendencies.
Dog owners and insurance companies often present elaborate defenses to avoid liability in dog bite cases:
Claiming Provocation
One common defense is that the victim provoked the dog. Many dog owners are deeply attached to their pets and may insist the dog was provoked in some way, placing blame on the victim.
Minimizing Your Injuries
Another frequent claim is that the injury wasn’t caused by a bite but by a scratch, or that the extent of the injury is being exaggerated.
Minimizing Your Suffering
If it’s clear the dog did bite the victim, the defense may shift to minimizing non economic damages such as pain, suffering, or long term effects like scarring. Residual scarring is a particularly significant issue in these cases, as there is no standard guideline for juries to determine how much compensation is appropriate for the emotional and physical impact.
When evaluating damages, factors like the victim’s age and gender often come into play. Scarring on a younger person, for example, may be viewed differently than scarring on an older person, as the younger individual may face lifelong emotional and social challenges. Similarly, visible scars may be perceived differently depending on the victim’s gender.
Fortunately, when you partner with an experienced personal injury attorney at our firm, you’ll have an advocate on your side who is familiar with these strategies and knows how to address them effectively. We can help you counter these defenses by gathering evidence and presenting a strong case for fair compensation, accounting for both your immediate and long term wellbeing.
These cases are especially challenging because no amount of money can erase the physical and emotional scars some victims are left with. For those with visible scars, there’s the added burden of explaining their injury over and over. My goal in every case is to do everything possible to get clients the compensation they deserve, ensuring they have the resources they need to move forward.
For more information on What To Expect In A Dog Bite Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (760) 852-7134 today.
