Getting injured from a dog bite can be a really tough situation, and it’s especially distressing if the dog ends up being infected with rabies. When that happens, you’ll likely be facing extensive changes to your life and health, which could then have an impact on your whole family.
At Maison Law, our team of California dog bite lawyers is both knowledgeable and caring. We understand the legal aspects and the path to recovery for such incidents. If you or a loved one have suffered complications after a dog bite, contact us to set up a free consultation.
What Causes Rabies in California Dog Bites?
Not surprisingly, dog bite injuries tend to be quite serious, mainly due to their sharp teeth tearing into the skin and the power of their jaws that has enough force to break bones. Yet one of the most well-known concerns is rabies.
Rabies is a viral disease that can be carried by wildlife such as:
- Bats
- Raccoons
- Skunks
- Foxes
If a dog comes into contact with an infected wild animal and gets bitten, there is a risk of the virus being transmitted. That same transmission can happen if you are then bitten by a dog. While every person reacts differently, rabies has several common symptoms:
- Fever
- Headache
- Fatigue
- Discomfort at the bite site
- Restlessness and aggression
- Foaming at the mouth
- Fear of water
- Weakness
- Paralysis
- Difficulty eating and breathing
Obviously, not every dog carries rabies, and the state has strict regulations on dogs being vaccinated for the rabies virus. That said, not every dog owner takes their responsibility seriously. Thus, if you’re bitten by a dog and you have reason to believe it is carrying rabies, your next moves are very important.
What Do You Need to Do to Avoid Rabies After a California Dog Bite?
There’s no denying that the aftermath of a dog bite incident is a scary time. While you should always prioritize your safety first and get away from the dog, there’s a number of crucial pieces of information you’ll need should you decide to fully pursue your legal options. First and foremost, though, you’ll want to address your health and avoid contracting rabies if possible. Here’s a few things you should do:
- Clean the wound – Wash the bite wound thoroughly with soap and water for at least five minutes. Use alcohol or antiseptic solution to disinfect the wound.
- Get medical care – Dog bites can result in severe injuries and potential infections, including the risk of rabies. Even seemingly minor wounds should be promptly addressed to prevent complications, especially given the potential for rabies transmission.
Protecting your claim
There’s also things you need to do to protect your potential legal claim:
- Identify the dog’s owner – If possible, gather the dog owner’s name and contact information, along with details of any witnesses. This information is crucial for establishing liability and pursuing your legal options for your injuries, and it also aids in assessing the risk of rabies exposure.
- Report the incident to authorities – Notify the local animal control agency or police department about the dog bite, and make sure to note your concern for potential rabies transmission. They can assist in locating the dog and assessing its history of aggressive behavior and rabies vaccination status.
- Document the incident – Take pictures of your injuries and the attack location. Provide a detailed description, including the date, time, and location of the incident, as well as pertinent information about the dog and its owner. This documentation becomes even more critical in the context of potential rabies complications.
By following these steps, you can protect both your health and legal rights after a dog bite in California. Getting a rabies and tetanus shot is the standard of care for most hospitals, emergency rooms, or urgent cares that you’ll need to go to after being bitten. But once your health and safety are taken care of, you’ll want to learn more about your legal options.
Legal Process Following a California Dog Bite
Once you’ve decided to pursue a dog bite claim in California, understanding the claims process becomes vital for recovering available benefits and support under the law. Legally, a dog bite claim follows the same procedures as any other injury claim in California, such as those related to car accidents or slip and falls.
The key distinction lies in how California law approaches these claims. Section 3342 of the California Legal Code establishes that the:
- Sole responsibility for dog bites lies with the dog’s owner. Legally, this is known as “strict liability”, and holds owners accountable for any injuries caused by their dog, even if unintentional.
With liability taken care of, you can move forward with actually filing a claim. You usually have the following options:
- Filing a claim with the dog owner’s insurance company
- Negotiating with the insurance company
- Filing a lawsuit
Usually, the insurance company will investigate and evaluate your claim with their resources. While they generally try to pay out as little as possible, even in dog bite claims, this is more difficult in California because of strict liability.
Damages
The claims process differs from case to case. So, having our experienced team on your side can make a huge difference in the outcome–particularly if you’ve contracted rabies from the bite. The overall goal of your claim is to recover “damages” from the dog’s owner. This involves calculating and getting a comprehensive idea of your injuries and losses. In a typical claim, this may include:
- Medical expenses – These damages are related to the treatment of the dog bite, including hospitalization, surgeries, medications, vaccinations, and other healthcare expenses.
- Future medical needs – You can also recover anticipated expenses for long-term or ongoing medical care, such as follow-up treatments, therapy sessions, or future vaccinations if needed.
- Emotional distress – This category of damages relate to the psychological impact of the dog bite incident, covering anxiety, fear, or post-traumatic stress disorder (PTSD).
- Lost income – You can potentially recover wages lost during the recovery period if the injuries prevent you from working.
- Pain and suffering – These damages are for physical pain, discomfort, and overall suffering resulting from the dog bite, including the fear of potential rabies infection.
- Scarring and disfigurement – Damages to address the physical and emotional effects of visible scarring or disfigurement resulting from the dog bite.
- Loss of quality of life – You can recover financial support for the impact of the dog bite on your ability to enjoy daily activities, hobbies, or aspects of life.
- Wrongful death – In cases where the rabies resulting from a dog bite is fatal, your family may pursue damages for wrongful death, including funeral and burial expenses.
The extent and permanence of your injuries play a crucial role in determining your overall damages. In cases where you suffer rabies, it adds a layer of complexity to the claim, but means that you’ll likely need extensive medical treatment and care. Thus, your damages will take this into account, and you’ll need to make sure your claim is strong. Overall, working with our team of experienced California dog bite lawyers can help you counter the insurance company and hold the dog’s owner accountable under the law.
Free Consultations for California Dog Bite Victims
Getting bitten by a dog is both traumatic and painful, but is made even worse when there’s potential rabies complications. In such situations, our team of California dog bite lawyers at Maison Law will help you through this challenging time. We’ll explain your options and what the legal path ahead looks like for you. For more information on our approach, contact us today for a free consultation.
