Maison Law represents dog bite injury victims in Gilroy. If you or a loved one has suffered a dog bite injury, the Dog Bite Attorneys at Maison Law can help. Our firm understands the physical and emotional trauma dog bite victims in Gilroy can be subjected to. That’s why we pursue every legal avenue to get you the compensation you need to get your life back on track. Contact us today for a free consultation and case evaluation.
Do I Need a Lawyer for a Dog Bite in Gilroy?
Yes, a lawyer in your dog bite case can be a large determining factor as to the type of compensation you’ll receive for your injuries. The type of compensation you can recover after a dog bite varies on a case-by-case basis. Multiple factors such as the severity of the injury, who was at fault for the dog bite, and time missed at work due to your injury. For that reason, it is recommended to consult with an experienced Dog Bite Lawyer in Gilroy to receive the maximum amount of compensation.
On top of increasing the amount of compensation you can receive, a lawyer is necessary to reach a successful resolution for the following reasons:
- Complexities of liability: dog bites can become a complicated legal matter when liability is in question. A will collect all liable parties and file a personal injury lawsuit against them, maximizing your chance at full, financial recovery.
- Following Proper Legal Procedures: An experienced attorney understands the complexities of suing liable parties and the specific legal rules that must be followed. Having your lawsuit properly filed and the details of your situation perfectly outlined for the insurance adjuster will let the defense know you are aware of your rights and are prepared to exercise them to the full extent of the law through an attorney.
- Preparing for Litigation: An attorney will expedite the litigation process if no acceptable offer is made. They will prepare you for trial, handle all legal proceedings, and represent you in court.
- Protecting Injured Victims: Hiring a well-practiced attorney allows injured victims to recover, while their legal matters are managed by a law firm. Lawsuits can be stressful endeavors, so having a lawyer take on that burden can ease victim’s concerns after a traumatic incident.
California Civil Code Section 3342(a) Dog Bite Liability in Gilroy
California Civil Code Section 3342(a) states the owner of any dog is liable for damages caused by a dog bite. Even if the dog has not shown any aggressive behavior in the past, the owner is still liable. California is a strict liability state, so it does not matter whether the dog owner was careless or not, they are still liable if their dog bites another person. The code also states the owner is liable if the victim is bitten on public or lawfully private property.
In Gilroy, a dog bite constitutes when a dog grabs a person with its teeth and closes its jaw around them. A person’s skin does not have to be broken for this action to be considered a bite. The dog’s attempt to bite is considered a bite because the victim may suffer other injuries attempting to avoid a dog bite, or removing their clothes from a dog’s bite.
Can there be Criminal Charges for Dog Bites?
Criminal charges are a possibility for dog owners if their dog injures someone. If they knew their dog was prone to violent behavior and did nothing to keep it from harming another human being they can be charged. In California, according to Penal Code 398, a dog owner must give bite victims their:
- Name
- Address
- Telephone number
- Name and (if applicable) license tag number of the dog
This is so the owner can communicate with the victim about the dog’s vaccination status, or so the victim knows who to claim damages from if their injuries are severe. Dog bites can be upgraded to misdemeanors or felonies if the victim dies as a result of the dog bite. In this case, a wrongful death lawsuit will need to be filed.
What is the Statute of Limitations on a Dog Bite Case in Gilroy?
A dog bite case falls under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The tow year statute of limitation is covered in California Civil Code 335.1, which states:
“Within 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.”
Exceptions to the Statute of Limitations on a Dog Bite Case in Gilroy
In most cases, the statute of limitations for dog bite accidents begins on the date the injury took place. However, the time can vary based on the following facts:
- Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
- Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
- The victim was a minor: if the victim was a minor at the time of the attack, the statute of limitations will be withheld until the minor turns 18. Once the dog bite victim is 18, the two-year statute of limitations will start.
What Victims Should Do Immediately After a Dog Bite Incident in Gilroy
If you’re bitten by a dog, the most important thing you do is remove yourself from the dog’s presence. Once the dog is no longer a threat, you should immediately start treating your injury. Treating your wound includes:
- Looking over the wound to note if the skin is broken or not
- Washing the wound with non-scented soap and warm water for 10 to 15 minutes. If the wound is dirty, it may require extended cleaning time
- Stopping the bleeding by putting pressure on the wound with a clean cloth until it has stopped
- Applying antibiotic ointment if available will help decrease infection
- Dress the wound with a clean dry bandage
Dog Bite Settlement Amounts in Gilroy
There is no exact settlement amount for a dog bite claim since each incident varies significantly on various factors such as:
- Extent of damages
- Insurance coverage limit
- Determination of fault
When it comes to your dog bite settlement, the details of your case matter. For example, if you only sustained minor injuries from the attack or you were partially liable for the incident. Partial liability in California does not mean you are not entitled to compensation. It only means your compensation will be reduced by your percentage of fault in the incident.
So, when considering settlements for a dog bite incident, they will generally fall into three categories:
- Low Settlements: minor accidents with little to no injuries can result in a low settlement in the low thousands to cover damage to treat minor injuries.
- Moderate Settlements: moderate settlements can range anywhere from $10,000 to $100,000. These dog bite cases usually involve medical treatment for significant injuries, some missed work, and longer recovery periods.
- High Settlements: high settlements typically involve dog bite incidents with severe injuries, long-term medical treatment, permanent disabilities, or fatalities. Settlements can be substantial, potentially reaching hundreds of thousands of dollars and up to millions of dollars.
Contact a Dog Bite Liability Lawyer
If you’ve sustained injuries from a dog bite in Gilroy, it is advisable to speak with one of our Dog Bite Lawyers to explore your legal options. At Maison Law, we prioritize the safety and well-being of dog owners and dog bite victims alike in Gilroy.
Our firm will guide you through the legal process and recommend the best course of action to reach the best possible outcome for your situation. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.
