Sometimes, a dog bite can end up in a serious litigation process. In this sense, the popular phrase “man’s best friend” originated during a hearing at the American Supreme Court in 1870.
Although most dogs are friendly, some animals can go out of control sometimes, causing harm when they bite an innocent third party. In such cases, the ideal approach is to seek guidance from an expert dog bite injury lawyer to get a case evaluation.
If you or a loved one has been a dog bite victim, keep reading to discover how a dog bite injury attorney can help you to bring legal evidence to the court and recover damages resulting from the incident.
According to the US Center for Disease Control and Prevention (CDC), there are around 4.5 million cases nationwide involving dog bites victims every year. Another study from New York’s Health Department showed more than 6,000 emergency room visits associated with dog bites in 2014.
As it is plain to see, filing a lawsuit for a dog bite may seem like overkill at first sight, but the issue is complicated. A victim of a dog bite may suffer from physical and psychological trauma, which demands fair retribution for the suffering experience.
Undoubtedly, the best way to seek justice in a dog bite case is to talk to a dog bite injury attorney to have your case assessed in detail.
In New York, the state law for cases involving dog bites can be complex. Accordingly, NY courts tend to use a combination of the “one-bite rule” and “strict liability” to decide the outcome of a dog bite lawsuit.
Under New York law, a dog is considered “dangerous” when it:
To establish whether or not a dog has vicious tendencies, New York courts will analyze each case looking for evidence like:
Nevertheless, even though state laws are specific in the matter, proving liability in a dog bite case is a demanding task – especially in situations where no one witnessed the victim suffering the attack.
Accordingly, it is fundamental to work with a dog bite injury lawyer when seeking justice for a dog bite in New York.
Under New York law, if a dog bites a person, the owner of the dog may be strictly liable for the victim’s medical expenses, as there is no need to prove that the owner’s negligence to recover the costs of medical treatment.
Nonetheless, a dog bite victim may recover additional damages under specific circumstances, such as when:
Yet, while the owner of the dog may be held accountable in most situations, occasionally other parties might share part of the liability. Practical examples include landlords, dog walkers, pet sitters, and property owners.
New York law provides shared fault rules, which enables dog bite victims to seek compensation in court from multiple individuals who contributed to the accident.
For example, it is possible to hold a landlord liable for a dog attack that took place off premises if the individual knew the dog posed a risk to people outside but did nothing to prevent an attack.
Regardless of your situation, sit down with a New York dog bite lawyer to identify the existing sources of compensation for your case.
As it is plain to see, New York law offers several grounds for dog bite victims to pursue legal representation in the court. However, how can a dog bite attorney in NY help you during a dog bite litigation? Keep reading to find out through the following topics.
Before pleading your defense in court, a dog attack lawyer will sit down and review your situation to determine the feasible legal options for your case.
Typically, winnable dog bite cases involve three main factors – liability on the defendant’s part, a significant injury, and the existence of a defendant’s insurance policy.
For example, let us say an individual got drunk at a pool party and provoked the dog of the property’s owner to bite him. If the owner of the dog either has homeowner’s insurance or renter’s insurance, it is possible to claim a guest medical provision in the policy’s terms.
After determining the suitable legal option for your case, an expert dog attack lawyer will proceed with a detailed investigation to gather legal grounds for a lawsuit.
Initially, the first step is to investigate the dog’s background and speak with people who witnessed the dog’s violent behavior in previous situations. Also, these same individuals can testify in your favor during the litigation process.
After reuniting the initial evidence, an expert dog bite injury lawyer will analyze the dog owner’s behavior to find whether the incident was a case of negligence or not.
If your case demands medical treatment, a dog bite lawyer will work with doctors to determine a fair value on the expenses associated with your injuries, facilitating the recovery of financial resources in court.
Insurance companies often tend to put the value of a claim down by blaming the victim who suffered a dog bite. In such cases, a dog bite attorney can negotiate with the company to recover any damages related to the dog bite incident.
When choosing a dog attack attorney to defend you in court, you need to find someone who has the experience required to win a dog bite lawsuit. At Moshes Law, P.C., we have a team of well-versed lawyers for dog bites’ cases.
After years of experience defending victims of dog attacks in court, our dog bite injury lawyers know how catastrophic the consequences of dog attacks might be, including:
Undoubtedly, dog attacks can be dreadful situations, especially when the victim is a child, an elderly person, or a disabled individual.
Although there are cases in which the victim did not suffer physical damage, they may need to recover from emotional or psychological trauma – especially when the victim is a small child.
Normally, violent dogs tend to attack other pets or farm animals. If a dog considered “dangerous” under New York law bites another dog, the victim can hold the owner of the attacking dog accountable in court.
In such cases, there are two main outcomes:
In any case, you have the right to pursue justice in court if your dog were a victim of dog-on-dog aggression.
When it comes to pursuing legal compensation for dog bite incidents, each case is different. Besides medical expenses, victims of dog bites often are entitled to extra compensations if they can prove negligence on the part of the dog owner.
As demonstrated in the following topics, a dog bites’ attorney is crucial to protect your rights in court.
When a dog bite victim has to take time off from work for medical treatment or an extensive recovery process, an expert attorney can help to pursue reimbursement for lost wages in court.
Furthermore, when a dog bite incurs a loss of future earning capacity, the victim can pursue compensation for that future income loss.
Dog attacks can result in pain and suffering, which includes:
In such cases, the victim may need physical therapy and rehabilitation, as well as psychological assistance.
Serious dog attacks can result in permanent damages, especially when the victim is feeble. In this context, permanently damaging dog bite injuries include:
Ultimately, if a dog bite results in a fatality, the responsible parties may face wrongful death damages in court.
A NY dog bites’ attorney can help you to pursue compensation for other losses resulting from a dog attack, such as emotional distress, post-traumatic stress disorder (PTSD), diminished quality of life, and property damage.
Ultimately, it is worth remembering that if the owner of the attacking dog was not aware that the dog was dangerous, the victim may receive only compensation for medical expenses.
Under New York law, a dog bite victim can receive compensation for lost wages, physical and psychological trauma only if the owner knew the attacking dog was dangerous and could potentially harm someone.
Hence, it is crucial to work with a New York dog bite attorney to assess your situation and tailor a strategy to win in court.
Although the liability in cases involving dog attacks tend to fall on to the dog’s owner, other parties (e.g., include landlords, dog walkers, pet sitters, and property owners) can be held accountable if they knew that dog could injury someone and did not act to prevent or preclude the attack.
It is possible to get compensation for physical and monetary damages resulting from a dog bite with the help of an expert attorney. However, the type of compensation varies depending on the circumstances of each case.
The more severe a dog bite case is, the more compensation the victim may obtain by filing a lawsuit in court.
New York personal injury laws provide a three-year statute of limitations for dog bite victims, counting from the date the incident took place. After three years from the date of the dog attack, the victim loses the right to seek compensation in court.
Have you or one of your loved ones been a victim of a dog bite in New York? If the answer is yes, do not linger to pursue justice in court with the help of a team of dog bite attorneys. If you want to protect your rights under NY law, you can count on Attorney Yuriy Moshes.
With years of experience in litigations involving dog attacks, Moshes Law, P.C., is a dog bite law firm that will fight to ensure that your case has a successful outcome. Contact Yuriy Moshe’s law firm today by filling the form below.
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