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.
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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.
New York Bite Lawyer
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.
Understanding New York’s Dog Bite Laws
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:
- Attacked and injured (or even killed) a person, pet, or farm animal without justification
- Behaves in a manner that would lead a reasonable person to believe the animal poses a “serious and unjustified” risk of seriously wounding or killing somebody
To establish whether or not a dog has vicious tendencies, New York courts will analyze each case looking for evidence like:
- A dog that frequently fights with other dogs or animals
- A dog that has growled or bared teeth against other animals or human beings in past situations
- When the dog’s behavior requires the owner to use a muzzle to control it
- Previous complaints related to a dog’s violent behavior
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.
Who is Responsible for My Injuries?
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.
What Can Our NYC Dog Bite Attorney Do for You?
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.
Review Your Legal Options
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.
Investigation
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.
Negotiation
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.
We Handle All Dog Bite Injury Cases in New York
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.
Aggressive Incidents
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:
- Infections (e.g., rabies)
- Disfigurements and scarring
- Body lacerations
- Facial trauma
- Broken bones
- Amputated members
- Nerve damage
- Fall injuries (e.g., spinal cord injuries, brain concussion, etc.)
Undoubtedly, dog attacks can be dreadful situations, especially when the victim is a child, an elderly person, or a disabled individual.
Non-Aggressive Incidents
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.
Dog-on-Dog Aggression
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:
- If the victim’s dog was killed during the attack, the court may order the owner of the dangerous dog to reimburse the original amount paid for the deceased dog
- If the victim’s dog need treatment as a result of the attack, the court may order the owner of the dangerous dog to cover all veterinary expenses
In any case, you have the right to pursue justice in court if your dog were a victim of dog-on-dog aggression.
Compensation Our Dog Bite Attorneys NY Can Pursue
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.
Lost Wages
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.
Pain and Suffering
Dog attacks can result in pain and suffering, which includes:
- Injuries to soft tissue, such as bruises, sprains, and strains
- Head injury
- Crushing injury (referring to any physical trauma caused by prolonged compression of a body part)
- Mental anguish (during and after the incident involving a dog bite)
In such cases, the victim may need physical therapy and rehabilitation, as well as psychological assistance.
Permanent Damages
Serious dog attacks can result in permanent damages, especially when the victim is feeble. In this context, permanently damaging dog bite injuries include:
- Disfigurement and scarring
- Paralysis
- Lost limbs
- Spinal cord injury
- Health issues resulting from infections caused by a dog bite
- Amputations
- Nerve damage
Ultimately, if a dog bite results in a fatality, the responsible parties may face wrongful death damages in court.
Other Related Losses
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.
Why Choose Us as Your NY Dog Bite Injury Lawyers
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.
FAQ
Who is Liable for a Dog Bite?
Can I Get Compensation for a Dog Bite?
The more severe a dog bite case is, the more compensation the victim may obtain by filing a lawsuit in court.
How Long After a Dog Bite Can You Sue?
Contact an Experienced Dog Attack Lawyer in NYC
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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