Nerve damage is one of the most significant and challenging injuries a person can face. There are a variety of reasons for this, but mostly because nerve damage is usually always severe and can be permanent.
When you combine the often traumatic and painful experience of a dog bite with nerve damage, the results and implications can quickly become overwhelming. Dog bites often involve severe damage to your skin tissue and underlying muscle or bone structure, so it’s no surprise that the nerves of the bitten area can become in danger.
Work With Compassionate and Dedicated California Dog Bite Lawyers
When your dog bite injury involves nerve damage, the unfortunate reality is that you will likely need extensive and ongoing medical care. On top of that, the emotional and psychological upheaval that occurs when you lose the function of your hands or feet can completely change how you live your life.
For that reason, working with our compassionate and dedicated California dog bite lawyers at Maison Law can help you get back at least some compensation from the dog’s owner. We can help you understand your legal rights and take care of the responsibilities that come with filing a dog bite injury claim.
We may not be able to restore you to full health, but we can help you protect their rights under the law while getting you back on the road to physical recovery. To learn more, contact us for a free consultation.
California Dog Bite Statistics
Unfortunately, dog bites are extremely common in California. A 2021 survey by State Farm Insurance found that California led the nation in reported dog bites that year, with 388 dog bite claims paying out a total of $23 million.
That same year, data from the Insurance Information Institute found that California had the largest number of dog bite claims in the nation, with 2,026 dog bite incidents being reported.
Types of Nerve Damage Associated With Dog Bite Injuries
Any dog bite, no matter where it occurs on your body, can lead to nerve damage. When nerves are healthy and functioning, they relay messages between the brain and the various parts of the body. Thus, when your nerves are damaged, it can prevent the relay of these messages which, in turn, can affect sensory and motor functions.
Worse yet, nerve damage can affect your body and its functions differently depending on the severity of the damage and where the bite is located.
As it relates to dog bites, nerves can become severed by the dog’s teeth during the actual bite.. Even if the bite doesn’t puncture your skin, the crushing power of the dog’s jaws can supply enough force that your nerves become compressed, stretched, or even torn.Obviously, there are several different types of nerve damage that can arise from a dog bite, but three of the most common are:
- Neurapraxia – Neurapraxia, or compression of the nerve, is often the least serious type of nerve damage. However, it can still cause significant problems, such as temporary loss of sensation in your extremities and loss of motor functions for an indefinite amount of time. Despite these symptoms, most dog bite victims that suffer neurapraxia can fully recover with the proper medical care.
- Axonotmesis – Dog bite victims can also suffer nerve damage known as axonotmesis, where the nerves aren’t severed, but are severely stretched. This kind of nerve damage can lead to temporary paralysis, but the prognosis for axonotmesis is good as long as you follow your doctor’s orders.
- Neurotmesis – Neurotmesis, a condition where the nerves are completely severed, is the most serious form of nerve damage that can result from a dog bite. Most dog bites that result in neurotmesis lead to severe damage, such as permanent loss of sensation or function in the affected area. While it is indeed serious, prompt medical attention and long-term rehabilitation and physical therapy can help neurotmesis victims make at least a partial recovery.
Nerve damage, any way you look at it, is an unfortunate outcome of a dog bite. At the very least, you will need swift medical care to hopefully catch serious nerve damage early so you can begin to form a treatment plan.
The tradeoff for this necessity, however, is that it is very expensive. Thus, determining liability and recovering full compensation is vital to your recovery.
Liability In a California Dog Bite Case
In a California dog bite case, determining liability is actually pretty simple. That’s because California is a “strict liability” state. This means that the dog’s owner, absent some rare exceptions, is liable for any injuries that result from a dog bite attack. Strict liability still applies regardless of the following circumstances:
- Whether or not the dog had bitten someone in the past.
- Whether or not the owner took reasonable precautions to prevent dog bites.
- Whether or not the owner had any reason to believe that the dog could be dangerous.
As mentioned above, there are exceptions to this strict liability where the dog’s owner is not liable for damages from the dog bite, including:
- The dog bite victim was trespassing on the owner’s property at the time of the bite.
- The dog bite victim was provoking the dog.
- The dog bite victim was injured by their employer’s dog while on the job.
- The dog bite victim was performing a paid service or was invited onto the owner’s property when they were bitten.
The important thing to understand about liability is that, in the vast majority of cases, the owner of the dog that bites you is going to be responsible for your injuries. As such, it’s important to preserve your claim by documenting the incident and seeking medical care to get a treatment plan. Then, you can focus on filing a claim for damages.
Filing a Personal Injury Claim in California
In California, a dog bite case falls under the category of “personal injury.” The first step in filing a personal injury lawsuit is making sure you are filing within California’s two-year statute of limitations. This means that you need to file your lawsuit within two years of the dog bite. Missing this deadline means you will not be able to file a lawsuit, even if you have a viable case.
As with any personal injury lawsuit, a successful dog bite claim can recover the following damages:
- Medical expenses, including future medical bills.
- Physical therapy, rehabilitation, and pain management bills
- Expenses related to doctor’s appointments
- Cost of prescription medication
- Cost of prosthetics or artificial limbs
- Increase in living expenses
- Lost wages
- Pain and suffering
- Physical disfigurement and impairment
- Inconvenience
- Emotional distress
- Punitive damages, when the owner is deemed to have been negligent or reckless.
Again, while liability is usually clear in a dog bite case, every lawsuit has its challenges. Additionally, you’ll have to deal with the insurance company and all of their tactics for devaluing your claim. No matter what avenue you choose for compensation, having our team of experienced California dog bite lawyers by your side can make this process much easier.
California Dog Bite Lawyers Will Stand With You
Suffering a dog bite is difficult enough on its own, but when the bite results in nerve damage, your condition is likely to be in much rougher shape. In these situations, our team of experienced dog bite lawyers can be vital in pursuing fair compensation and allowing you to focus on your recovery.
If a dog bite has happened to you or a loved one, reach out to Maison Law today for a free consultation. We have a proven track record of putting clients in positions to seek the outcomes they deserve.
