Dogs are our best friends and companions, but they are also animals capable of causing harm. An aggressive or untrained dog poses a significant threat, and dog bite injuries can cause severe and permanent damage. The medical bills and physical impairment from a dog attack can leave the victim with financial pressure, not to mention pain, emotional distress, and anguish.
If you have sustained injuries from a dog bite, contact a San Mateo dog bite lawyer at Carcione, Henderson & Markowitz, LLP. Dog owners are responsible when their pets cause injury, and you may be entitled to financial compensation. We have decades of experience serving injury victims in California and are known for our aggressive approach to client advocacy. Your injuries deserve recognition and accountability, and we can work to ensure that the liable parties answer for their wrongdoing.
If you would like a free consultation with a San Mateo dog bite attorney, contact CHM Law Firm online or call us today.
What Are the Benefits of Hiring a San Mateo Dog Bite Attorney?
The law allows people to pursue compensation after they’ve been injured by someone else. Attorneys spend significant time learning the ins and outs of injury law and know how to pursue dog bite claims effectively. When you engage a personal injury lawyer to represent you, you get their enhanced negotiation skills and ability to push back against insurance companies’ attempts to delay or dispute claims.
Having a dog bite attorney means you can turn over your entire claim to them, including handling all communications with the at-fault party’s insurer and their lawyer. If the dog belonged to a friend or family member, your lawyer can help you preserve your relationship. They can gather evidence to substantiate your losses and negotiate on your behalf. If the insurance company won’t offer a fair settlement, an attorney can be prepared to take your case to trial.
CHM Law Firm can leverage our 40-plus years of experience in personal injury law to pursue the compensation you deserve for your dog bite injury. We have recovered hundreds of millions of dollars for our clients across a range of cases, and we don’t settle less than our clients deserve.
Our practice is characterized by a personal and individualized approach to legal strategy. We take the time to get to know our clients and their families to better understand their needs and values. Our firm intentionally keeps our caseload small so we can devote sufficient time and effort to those who need legal support the most.
What Should You Do If You Are Attacked By a Dog?
Sometimes, people wonder what to do if attacked by a dog. After receiving necessary emergency medical treatment, your priority should be documenting the accident. Take photos of your injuries and get the dog owner’s contact and insurance information. If there were any eyewitnesses, take their statement in case you need additional testimony. You should also report the bite to animal control, who will create an animal attack incident report you can rely on as evidence in your claim.
When filing a claim, you’ll need a formal diagnosis of your wounds, so get copies of your emergency and subsequent medical records. Other evidence to collect includes hard copies of any doctor’s notes, imaging results, lab reports, patient files, and discharge paperwork.
Finally, contact a dog bite injury lawyer to handle your case.
What Compensation Could You Recover in a Dog Bite Claim?
Dog bite compensation can include money for the following losses:
- Emergency medical bills and continuing medical expenses
- Lost employment compensation, including hourly pay/salary, bonuses, commissions, etc.
- Reductions in your lifetime earning capacity due to permanent disability
- Miscellaneous injury expenses, like additional childcare or alternate transportation
- Physical pain and conscious suffering
- Mental anguish and emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
California does not cap the amount of pain and suffering compensation you can receive in dog bite cases. We can assess your intangible losses together with your monetary losses to arrive at a dollar amount that adequately addresses your injuries and related suffering.
How Long Do You Have to File a Dog Bite Claim in California?
California’s statute of limitations places a two-year time limit on filing all personal injury lawsuits, including dog bite claims. If you try to file a lawsuit for a dog bite injury after two years have passed since the injury, the courts can dismiss your case without a hearing. Generally, the time limit starts from the accident date, but there are three exceptions:
- If the victim was a minor (under 18), the two-year counter starts on their 18th birthday.
- If the offender leaves California, the counter doesn’t start until they return to the state.
- If the offender fraudulently concealed their wrongdoing, the deadline timer doesn’t commence until the date of the discovery of the fraud.
In all cases, however, it’s in your best interest to start early while evidence is fresh and readily available.
How Long Could It Take to Settle a Dog Bite Case?
It is impossible to say beforehand how long it will take to settle a given dog bite case because it all depends on the specifics. If everything proceeds smoothly and the owner does not dispute fault, you could resolve a dog bite lawsuit in a few months. Complex cases or cases where the owner denies responsibility can take over a year to resolve, especially if the matter goes to court.
A dog bite attorney can work to minimize these timelines by gathering evidence and building a convincing narrative to present to the dog owner’s insurer. They can meet all filing requirements and deadlines to avoid administrative delays.
What Is California’s Dog Bite Law?
California dog bite laws are found in Cal. Civ. Code 3342, which outlines a strict liability standard of responsibility for dog bite injuries. This means that dog owners are automatically financially responsible for bite injuries, regardless of whether the owner knew that the dog had dangerous tendencies.
When a person sues a dog owner under strict liability, it does not matter whether the owner was negligent. As long as their dog caused the injury, the owner is liable for any injury-related losses, even if they took all reasonable steps to prevent the animal from harming someone. This strict liability standard works in favor of injury victims and makes it more straightforward for them to recover compensation after a dog bite.
Is the Dog Owner Responsible for Injuries from a Dog Attack in California?
Strict liability only applies to dog bites in California and not to other types of non-bite attacks. For example, say that an owner lets their large dog off the leash, and it jumps up on a person, knocking them over and causing injury. In this case, strict liability would not apply because it was not a bite injury.
However, victims can still pursue compensation for non-bite injuries. If the injuries occurred because the owner behaved negligently, that is, in a way that put others in harm’s way, the victim can recover financial compensation. In the above example, the victim could argue that the dog owner violated a duty of reasonable care when they let their large dog off the leash.
Unlike strict liability dog bite claims, negligence claims do take into account the owner’s knowledge of the dog’s temperament and previous behavior. If the owner knew their large dog had a tendency to jump on others, their knowledge of the dangerous habit could show that their behavior in letting the dog off leash was negligent.
What if the Person Bitten Is Partly Responsible?
In some cases, bite victims can share responsibility for their injuries. For instance, if the victim was trespassing or provoked the dog into attacking, they could be partially liable. In these cases, California’s comparative negligence law would apply. The victim can still recover compensation, but any awarded amount will be reduced in proportion to their share of fault.
What Are the Common Injuries in Dog Bite Cases?
Dogs have extremely powerful jaws and sharp, irregular teeth. Their bite can rip and tear flesh, leaving asymmetric wounds that are difficult to treat. Injuries associated with dog bites include the following:
- Bruises and soft-tissue injuries
- Abrasions and scratches
- Cuts and lacerations
- Puncture wounds
- Avulsions and tearing of the skin
- Broken bones and fractures
- Crushing injuries
- Infection
- Nerve damage
- Amputations
- Facial injuries
Dog bite wounds can leave heavy scarring and disfigurement without extensive reconstructive surgery. Victims of dog bites may also develop mental health issues like PTSD, anxiety, and intense dog phobia.