SAN JOSE DOG BITE LAWYER
Every dog owner has a legal responsibility to keep their pet from biting or attacking people. Unfortunately, sometimes owners can't do everything to prevent their dogs from hurting others. When this happens, and a person is injured by the animal in question, he might be able to file a claim for financial compensation against the dog's owner.
Dog attack claims can be complicated and difficult to navigate without help from an experienced San Jose dog bite lawyer. You have enough on your plate after being attacked; don’t worry about filing paperwork or dealing with insurance companies alone!
Hiring a San Jose dog bite attorney who is experienced in handling these types of cases will ensure that you are properly compensated for any dog bite injuries you sustained during the attack as well as any damages caused by animal bites (such as medical bills). Dog bite lawyers also know how to handle all aspects to pursue compensation related to this type of personal injury so that you can focus on recovering.
Table of Contents
How Can Our San Jose Dog Bite Lawyer Help You Recover Damages From Your Dog Attack Injuries
Our personal injury attorneys in San Jose at Daneshrad Law PC are committed to defending your rights as a San Jose dog bite victim and assisting you in receiving fair compensation. We can perform a free consultation and evaluation of your case, during which we will assess whether and how we can help you and go through all of your choices with you. We’ll get to work right immediately once you’ve made the decision to go ahead by doing the following:
- Looking into your accident and figure out who is responsible. It’s possible that the dog’s owner is to blame, but it can also be someone else’s (a veterinarian, boarding facility, etc.) depending on the specifics of your case.
- Collect evidence (doctor’s records, surveillance footage, or more) demonstrating that the negligent party or parties was or were irresponsible in their failure to keep you safe from the animals. When we file a claim and seek full compensation, this information will be very important.
- Finding and interviewing witnesses from the incident who may provide crucial information about what occurred during the dog attack to help corroborate your account.
- Then, the information gathered can be used to construct a thorough and orderly case in your favor. We can contact the liable persons, their attorneys, and their insurers and request a fair settlement for our services.
- Lastly, we may file a claim on your behalf. We will attempt to negotiate out of court, but if the opposition does not agree to pay you fairly, we will not hesitate to proceed with a personal injury lawsuit and have your case judged by a jury.
Dog Bite Statistics In California
According to the American Veterinary Medical Association, around 89.7 million dogs reside in American homes, and while most will never bite, there are approximately 4.5 million dog bites recorded each year in the United States. About 20% of those dog attacks need medical attention.
California was the leading state for State Farm’s claims, accounting for 488 of 3,600 claims, resulting in $18.7 million in payments in 2017. In 2017, nearly 14% of all dog bite injuries throughout the country occurred there.
Dog Bites Can Cause Serious Injuries
Deep-wound dog bites, such as punctures and skin tears, can sometimes necessitate surgery and skin grafting, causing chronic scarring and/or loss of mobility. The risk of a problem rises with the number of dog bites and the areas where the bites are located.
Deep wounds that interfere with several layers of the skin can have long-term effects on muscles, tendons, ligaments, and bones. The costs of treating these conditions are generally very high, and there is usually a significant amount of medical intervention required. When surgical treatment is needed, the medical expenses can reach tens of thousands of dollars and years of recovery time.
And not just that, some victims of dog bites develop long-term emotional trauma, which can have a significant influence on their lives, making it impossible for them to live normally.
San Jose dog bite victims can also suffer severe or life-changing injuries such as:
- Bone fractures resulting in disfigurement or impairment functionality
- Torn ligaments that can result in infections and long-term healing
- Amputations due to severe tissue and bone damage
- Avulsions which results in scarring, disfigurement, loss of muscle function, and extreme infection
- Fatalities that came from severe injuries, most especially for children
Compensatory Damages You Can Recover From Your Dog Attack Injuries
Compensatory damages are the sums of money you can claim to compensate for your pain and suffering, trauma, lost wages, and expenses.
San Jose dog bite injury lawyers will help you recover compensatory damages in a personal injury claim, including:
- Both current and future medical bills
- Lost wages and future earnings
- Mental and emotional trauma
- Permanent deformity
- Lost of body’s normal function
Proving Liability in My Dog Bite Case in San Jose, CA
Under California’s dog bite law, the victim of dog attacks has two years from the day of the incident to file a personal injury claim. To ensure that your claim is granted and you are given the compensation you deserve, you must successfully establish certain criteria and follow the process correspondingly during this time period:
- To begin with, you must show that you were where you should have been at the time of the assault and that you were there lawfully. You may simply demonstrate your legal presence if the incident took place in a public area. If you were in a private location, such as the home of the dog’s owner, you’d need to demonstrate that you had permission. To avoid responsibility, some dog owners may try to pass you off as trespassing. A San Jose dog bite attorney can gather evidence to show your legal resources.
- And from there, you must then show that your injuries were caused solely by the dog bite. Consult with a medical professional, gather your medical records, and examine additional evidence such as a security video to help you prove this allegation. The animal’s owner may suggest that the dog bite was not the cause of your injuries. In this situation, it is critical to gather substantial evidence so that your San Jose dog attack lawyer can defend you against these denials.
Understanding California’s Dog Bite Laws
California Civil Code Section 3342 strongly favors plaintiffs in dog bite cases, making pet owners responsible for the majority of injuries caused by their pets’ aggression, even if they were unaware or had no means to detect their animal’s aggressive nature.
If a dog bite or animal attacks happen in a public place or on private property (including the owner’s home where the animals are kept), where the victim was lawfully present, the dog owner is responsible under California law.
Meaning to say, even if you were a houseguest in the dog owner’s home at the time of the bite, and even if the animal had no prior history of aggressiveness, the owner is still responsible for your injuries.
A dog owner, on the other hand, is not liable for injuries caused by a bite if the victim was unlawfully at his premises, such as in the case of robbery, burglary, vandalism, or prowling. In addition, if you were charged with a crime and the animal was used by cops during an arrest, you may not be granted damages.
Elseways, the owner is generally held liable for the victim’s medical bills, missed earnings, decreased income potential, pain and suffering, and a slew of other losses.
Daneshrad Law PC is a San Jose dog bite law firm that can take legal advice and action against the owner and their insurance company in order to help you get financial compensation based on the facts of your situation. We look forward to starting working for you as soon as possible.
Why Choose Daneshrad Law PC For Your Dog Bite Injury Claim
Alan Daneshrad is a California dog bite lawyer dedicated to giving each of his client’s top-notch legal representation.
Alan’s background in insurance claims negotiation and expertise advocating for clients who have been injured or survived a serious personal injury is remarkable. He has the knowledge and skills needed to assist victims and their families recover compensation.
Insurance companies in California are aware that Daneshrad Law Firm has been representing clients with a skilled attorney who is prepared to go to court. This frequently results in reasonable settlement proposals early in the animal bite claims process.
Daneshrad Law Firm will go the extra mile to help victims of Dog Bites in California.
