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If you have been bitten by a dog, you might wonder whether the owner is liable and how you can recover compensation for damages you sustained. Depending on your circumstances, the answer to the first question is “yes.” You can hold the dog’s owner responsible for the harm their pet caused. Concerning the second question, to recover compensation, you must file a claim with the owner’s insurance. Effectively pursuing a case after a dog attack can be complicated, and it’s best to handle the matter with the help of a knowledgeable personal injury attorney.
At HMW Law, we have over 70 years of combined legal experience and have helped past clients through complex personal injury matters. Our Cleveland dog bite lawyers are ready to help you through your case. We provide compassionate guidance and, with 24/7 availability, will be there when you need us. At our firm, you won’t be treated like a number and passed off to a paralegal. One of our attorneys will work directly with you and stand by your side every step of the way. We care about the outcome of your case and can fight hard to recover just compensation on your behalf, allowing you to move forward with your life.
Please don’t hesitate to reach out to our team. Contact our law firm at 216-369-1352 for a free consultation and to learn more about our services.
What is Strict Liability?
If you suffered a dog bite, the owner, harborer, or keeper of the animal may be legally liable for damages arising from the attack. This applies whether or not the person responsible for the animal was negligent at the time of the incident.
When pursuing a claim under the strict liability law, you must prove that:
- The person you are taking action against was the owner of the dog or was responsible for it at the time of the attack, and
- You suffered injuries as a result of the dog bite.
The strict liability law does not apply if you were:
- Trespassing;
- Committing or attempting to commit a crime on the property;
- Committing or attempting to commit a crime against a person; or
- Teasing, tormenting, or abusing the dog before it bit you.
At HMW Law, our dog bite injury lawyers will do all the legwork for you. We can determine who was responsible for the animal and where to file your claim.
What is Negligence?
To pursue a claim under the negligence doctrine, you must prove that the dog bite occurred because the owner, keeper, or harborer did not extend the same level of care a reasonable person would have under circumstances similar to those leading to the attack.
You can seek compensation on the grounds of negligence if:
- The dog had bitten or attempted to bite in the past, and
- The person responsible for the animal knew it was dangerous
Should your case be pursued under the negligence law, our team can thoroughly investigate the matter to develop a compelling legal strategy on your behalf.
What Injuries Are Most Common After a Dog Bite?
Dog bites have the potential to cause serious injuries. Many victims have to be hospitalized and face thousands of dollars of medical bills. Pursuing a dog bite claim will help you pay for these medical expenses as you recover from your injuries.
Dog bite victims may suffer from the following:
Pasteurella
Pasteurella is a bacteria that is found in over 50% of all dog bite wounds. Children, elderly people, and anyone with a weak immune system can suffer potentially fatal impacts of this infection. Swelling, bruising, and redness are all common effects of this bacteria.
Rabies
If a rabid animal bites you, the effects can be life-threatening. While rabies is relatively uncommon in America, it is always a concern after a dog attack. Rabies affects the central nervous system and is almost always fatal unless treated immediately.
MRSA
MRSA is a staph infection that often affects the skin, lungs, and urinary tract. An infected wound can spread throughout the body and may cause fatal symptoms.
Tetanus
Tetanus is not often associated with dog bites, but its effects can be fatal. Deep bite wounds can lead to tetanus infections and may cause paralysis and flu-like symptoms.
What Kind of Compensation Can I Receive After a Dog Bite?
In a dog bite case, you can request compensation for any damages you have sustained. Damages include any financial losses you suffered as a result of your injuries. Your compensation will depend on the nature of your injuries and your overall losses.
With help from a Cleveland dog bite lawyer on our team, you can recover the following losses:
- Medical bills
- Lost income
- Lost future earning potential
- Pain and suffering
- Loss of consortium
- Mental anguish
- Physical injuries
If your injuries are so severe that you will require extensive future medical treatment, our team will request compensation for both current and future medical expenses. Similarly, if you are unable to work and earn income as you would have without your dog bite injuries, our team will request compensation for any lost income you have suffered.
It is important to note that dog bite lawsuits are subject to a statute of limitations. Once this statute of limitations has passed, you will no longer be able to seek financial recovery in court. Generally, the statute of limitations for a personal injury lawsuit is two years from the date of the accident. Certain exceptions may apply in rare cases.
What Defenses Might the Dog Owner Raise?
It’s likely that when you claim another person’s dog bit you, the owner and their insurance company will fight hard to challenge your accusations.
Some of the arguments they may raise include, but are not limited to:
- You provoked the attack
- You were unlawfully on their property
- You were committing or trying to commit a crime on the property or against another person
Pushing back against the dog owner’s assertions can be difficult when you’re trying to recover from your injury. Our Cleveland dog bite attorneys are skilled negotiators and practiced litigators. We know how to effectively challenge claims made against our clients, and we can review every detail of your case to uncover the truth.
What Can a Dog Bite Attorney Do for Me?
Pursuing compensation on your own while healing from your injuries is a very difficult task. Our personal injury attorneys will handle your entire legal case from start to finish. We will stay by your side to answer your questions and address your concerns.
As your legal team, our attorneys will take the following steps:
- Obtain medical records to determine the extent of your injuries
- Request financial records to calculate the full extent of your financial losses
- Identify the responsible party
- Determine the full value of your personal injury lawsuit
- Negotiate with the liable party and their insurance company for maximum compensation
- Fight for your rights in court, if necessary
Dog bite cases can be complex, but victims who work with a personal injury team see much better results. At our firm, we understand that you are healing from physical and mental injuries after a dog attack. We are dedicated to getting you the outcome you deserve.
Should I Consult a Dog Bite Attorney Today?
Taking legal action after a dog bite attack is essential if you want to recover your financial losses. At HMW Law, we understand how exhausting it can be to juggle your recovery with paying your medical bills along with your other expenses. With our years of experience in personal injury law, we are confident we can help you recover damages after an animal attack.
Under Ohio law, the dog owner is responsible for any damage their dog does to people or property. Our attorneys can help you hold the owner responsible and seek damages so this dangerous dog does not strike again. For more information, contact our law firm today by calling 216-369-1352.