Dog attacks are among the most traumatic experiences a person can suffer and often result in painful and permanent physical, emotional and psychological injuries. If you or a family member has been attacked by a dog or other animal, you may entitled to compensation for the physical and emotional damages you suffered as a result of the attack.
Establishing a personal injury case after a dog attack
If you have been attacked by a dog, you may have a personal injury case against the owner of the dog, and possibly other people who controlled or sheltered the dog.
Under Civil Code §3342(a), “the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.”
The dog that attacked me had no prior incidents of attacks. Do I still have a case?
Yes. Regardless of any prior attacks, the owner of a dog is always responsible when their dog attacks another person or that person’s property.
The dog that attacked me also attacked and injured my dog. Can I also sue for the harm caused to my pet?
Yes. In California, pets are considered property and you are entitled to compensation for any harm caused to your property as a result of a dog attack. This includes harm caused by a dog attacking if it attacks your dog. It would also include any personal property including clothing and jewelry which may have been damages or lost as a result of the attack.
Common injuries as a result of dog attacks
Dog attacks often result in deep lacerations, puncture wounds, nerve damage, scarring and many other severe and permanent injuries. Dog attacks can also cause serious infection and other bacterial disease, which may require hospitalization and surgery, including plastic surgery.
What damages am I entitled to recover as a result of a dog attack?
In California, a responsible party is required to provide compensation to an injured person for all harm that was caused by their negligence or wrongdoing. This includes medical bills, loss of earnings and earning capacity, pain and suffering, emotional distress, inconvenience, loss of enjoyment of life, physical impairment, disfigurement, grief, anxiety, and humiliation. It also includes property damage. Under limited circumstances, it may also include punitive damages to punish the defendant for wrongdoing, if it is established that the defendant acted with malice, fraud or oppression as required by Civil Code §3294. In order to recover damages, you will need to make a claim and/or file a lawsuit against the responsible party. An experienced attorney at The Bertch Firm possesses the knowledge, training, skill and experience to pursue justice for you and secure maximum compensation for the damages you have suffered.
Legal representation after an Orange County dog attack
When you suffer a dog attack or an attack by another animal, the attorneys at The Bertch Firm can provide you with the legal representation, guidance and support you need to get back on your feet. Our team has been protecting the rights of people injured as a result of dog attacks for many years. We know the types of damages that you are entitled to recover as a result of a dog attack and can help you maximize the compensation for your case.
I was trespassing when I was attacked by a dog. Can I bring a claim for personal injury?
Generally, no. You cannot file a claim against a dog owner if you are injured by their dog while you are trespassing or on the property of the owner without express or implied permission.
How much is my dog attack case worth?
Every case is unique and must be evaluated in light of the specific circumstances giving rise to your injury. The value of your case depends on many factors including the liability of the defendant, any comparative fault of your own in causing your injuries, and the nature and extent of all of the harm suffered by you as a result of the incident, including damages for bodily injury, loss of earnings and earning capacity, property damage, general damages (e.g. pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, anxiety, inconvenience, grief, humiliation, and disfigurement) and punitive damages.
How long do I have to file a lawsuit for a dog attack accident?
In California, the statute of limitations for all personal injury claims, including dog attack accidents, is two years from the date the incident occurred. This is known as the statute of limitations. (See Code of Civil Procedure §§335-349.4) Code of Civil Procedure §§335-335.1 states that “the periods prescribed for the commencement of actions other than for the recovery of real property, are…[w]ithin two years: an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
However, there may be exceptions to this rule which shorten or extend the time for you to file a lawsuit. In most cases, a lawsuit cannot be brought if more than two years has passed since the date of the incident. In limited situations, the time to file a lawsuit may be longer than two years. For example, if the claimant is a minor, they must file a lawsuit within two years of their eighteenth birthday. In other situations, the time to file a lawsuit may be shorter than two years. For example, if your injury occurs as a result of wrongdoing or negligence of a public or government entity, you must submit a claim to the appropriate government entity within six months, even if the claimant is a minor. We strongly encourage you to speak to an attorney at your earliest opportunity to ensure your rights to bring a lawsuit to recover damages for the harm you have suffered are protected.
The Bertch Firm Difference
Personalized attention for your dog attack accident claim
At The Bertch Firm, each case is overseen and prosecuted by a licensed attorney, not a paralegal or case manager. The Bertch Firm has experience with many different types of accidents, including dog attack accidents. An experienced attorney can help you gather and preserve crucial evidence for your dog attack accident claim. Contact The Bertch Firm today and experience The Bertch Firm difference when you hire us to represent you for your injury claim.
Contact The Bertch Firm today
For further information about your dog attack accident claim
The Bertch Firm has represented many people who have been injured as a result of dog attack accidents. For further information about your potential case as a result of a dog attack accident, contact an attorney at The Bertch Firm today for a free consultation.