How Long After a Dog Attack Can You Sue?
Being bitten by a dog can be a traumatic and painful experience. Not only do you have physical injuries to deal with, but there may also be emotional and financial implications. In such cases, it is essential to remember that you have legal rights and options available to you.
Dog bites can cause much more serious injuries than you think. As much as insurance companies like to downplay the severity of any individual dog bite injury and get you to believe that they are worth less money, you may have the right to a substantial amount of compensation for what happened. The dog’s owner is often liable for your injuries because the attack occurred in the first place because of their negligence (depending on the laws of the state in which you live).
There are several caveats to your legal right to compensation for a dog bite attack. One of the main limitations is the time you have to file a claim or lawsuit because you can only keep the potential for a legal claim open for a certain period. Instead, the statute of limitations puts a strict time limit on your ability to sue, and you are risking your ability to obtain compensation if you wait too long to file a claim.
The best thing you can do is hire a dog bite injury lawyer right after your injury. They will fight for you and keep you from facing legal concepts you may not be familiar with. The sooner you hire a lawyer, the better because you should at least begin work on the legal process, even if you still need to be in a position to file a claim or lawsuit.
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How the Statute of Limitations Works in a Dog Bite Injury Case
Each state has laws that control how long you have to file any personal injury claim against a party responsible for your injuries. Here, you will file a claim against the dog owner’s homeowner’s insurance policy or a lawsuit against them in court. The applicable statute of limitations in the state where you file will govern your claim. This deadline is critical, and it is the most essential thing that you need to keep an eye on when you are considering filing a personal injury claim or lawsuit.
In every state, your legal right to financial compensation for a dog bite injury lasts a specific time, which is usually between two to three years. While this may seem like an extended period, it can pass by quicker than you think if you do not focus on the legal process. Once the statute of limitations lapses, your legal right to compensation will disappear entirely, and you cannot file any case, whether it is an insurance claim or a lawsuit. If you have already filed an insurance claim but have not received compensation, you can still be out of luck if the statute of limitations runs out.
The statute of limitations exists to protect the dog’s owner and as a matter of fairness to them. The law does not want them to have open-ended liability at a point in time, many years in the future, because they may be unable to defend themselves with their own evidence effectively.
The Statute of Limitations Is an Unforgiving Deadline
Thus, the statute of limitations is a stringent deadline in any dog bite injury case. The second the deadline passes, you no longer have a case. The only way your case can remain alive if the statute of limitations has passed is if one of the very few exceptions to the law applies. For example, if the defendant went out of state, and you were unable to serve them with papers in the case, you may get an extension. However, you have a very high burden of proof that you must meet to show that an exception to the statute of limitations applies. You do not want to be in a position of having to make that argument because you will already be behind the figurative eight-ball.
No matter what, the court can only hear your case if you have met the statute of limitations. If you fail to meet the deadline, a judge will only rule on your case by dismissing it before you can present any evidence.
Minors May Have a New Period to Sue After They Turn 18
One special note about the statute of limitations applies when a dog bites a minor child. In many cases, the parents will file a claim on behalf of their child, and this is what they should do when their child has suffered a severe injury. If, for some reason, the parent has not filed a lawsuit on behalf of their child, the child can file a lawsuit on their own when they reach the age of 18. Then, the statute of limitations begins.
You Should Know that the Statute of Limitations Exists in Every Personal Injury Case
In reality, the statute of limitations in a dog bite injury lawsuit should never take you by surprise because you should have already hired a dog bite injury lawyer at the outset of your case. Their primary role is to handle all the details of your dog bite claim, including monitoring the calendar to know the outer limit on the timeframe you can sue. You should know you will not have to worry about these details when a dog bite injury lawyer represents you.
Never Wait Until the Statute of Limitations Is Expiring to Act
If you have not yet filed a lawsuit by this time, it should only be because you are trying to work informally with the dog owner’s insurance company to resolve your claim without needing a lawsuit. There may come a time when you have to make a move legally because you are getting nowhere with the insurance company. If you live in a strict liability state, insurance companies can only be this unreasonable when they refuse to pay you all the compensation you deserve.
A lawyer with experience in dog bite injuries understands the intricacies of the law and can guide you through the process. They will be familiar with your state’s specific statute of limitations and can advise you on the necessary steps to take within the designated time frame. By working with an attorney, you can have confidence that they will file your claim correctly and within the necessary time limits.
How to Determine Liability in a Dog Bite Claim
If someone else’s dog has bitten you, you may have the right to substantial financial compensation for your injuries. There are generally two different types of laws that govern dog bite claims:
- Some states will use the law of strict liability. The mere fact that the dog bite happened will presumptively make the animal’s owner liable for your injuries. The only way that they can avoid liability is if they can show that you provoked the animal or that one of a small handful of defenses applies. Usually, the bulk of your legal case will be fighting for all the compensation you or your child deserve.
- Other states use a “one free bite” rule. You will only qualify for compensation if you show that the dog had dangerous propensities and the owner did not take proper measures to secure their animal. Dangerous propensities means that the dog has either bitten someone before or has acted aggressively with people or other animals.
You can also prove liability when you show that the dog’s owner failed to comply with leash laws in their state or locality. Violating this law may be considered negligence per se, which is automatic proof of negligence.
Laws regarding liability for dog bites can vary from state to state, and an attorney with experience in this area can guide you through the legal process. They will help you gather evidence, assess the severity of your injuries, and determine the value of your claim.
Compensation in a Dog Bite Injury Case
If strict liability applies, or you can show that the dog’s owner was negligent, you may have the right to substantial compensation because dog bite injuries can be much more damaging than you think. The physical injuries can be severe, especially if the dog attacks and bites the child. Children are more vulnerable to serious dog bite injuries because they are more on eye level with the animal and are often bitten on their face, head, and neck, leaving them with permanent scarring.
In addition, dog bite injuries may require reconstructive plastic surgery because of the scarring. The bite can alter your appearance, requiring extensive surgery. Then, there may still be significant scarring and disfigurement that can remain with you for the rest of your life.
Further, dog bite injuries can also have a significant element of trauma associated with them, especially for a small child. A feeling of helplessness results when an animal has attacked you without the ability to stop it. A child may have post-traumatic stress disorder that remains with them for years and may recoil in terror every time they see a dog for the indefinite future. Non-economic injuries, such as emotional distress, can get compensation just the same as the physical injuries that you have suffered from a dog bite attack.
Insurance Companies Give You Difficulty When It Comes Time to Pay
Homeowner’s insurance policies cover dogs, and the insurance company is responsible for paying for your dog bite injuries up to the amount of the policy limit. Unfortunately, insurance companies make your life much more complicated in a dog bite case.
Companies such as State Farm like to get you thinking they are generous when paying dog bite claims. They put out information giving you an idea of the average amount of dog bite compensation that they pay in each state. In reality, State Farm has its own reasons for giving you this information. The company wants you to be happy when you get what you think is the average compensation for your dog bite injury. The reality is that insurance companies like State Farm know the actual value of your case, and they want to ratchet down your expectations.
A dog bite injury attorney will fight for you to get total compensation for your injuries. Your case can be worth far more than you think, and you never truly know how much you deserve in compensation until you talk to a dog bite injury lawyer. Your attorney will research your situation and tell you how much you may be due in compensation. Then, they will negotiate your claim with the insurance company on your behalf. If the insurance company does not pay you fairly, your dog bite injury lawyer will not hesitate to sue the animal’s owner directly to get you a fair check for your injuries.
Do Not Worry About the Cost of a Dog Bite Injury Lawyer
Money is never an issue when getting legal help because you will never need to pay any of it out of your own pocket. A dog bite injury lawyer works for you on a contingency basis. The contingency fee only gets paid from the proceeds of your settlement or award, should you receive one. At no point does your lawyer present you with any bills or demands for money in exchange for their time and services. On the flip side, if you do not hire a lawyer, you have little chance of receiving total compensation for your dog bite injuries, and insurance companies will get away with their penny-pinching tactics.
If you have suffered an injury in a dog bite incident, it is crucial to seek the assistance of a lawyer. They will provide you with guidance, handle negotiations with insurance companies, and fight for your rights in court if needed. Remember, you do not have to endure the physical, emotional, and financial burdens of a dog bite injury alone. An experienced personal injury attorney can help you navigate the legal system and ensure you receive the compensation and justice you deserve.