Dog bites can be traumatic and life-altering events. Whether it’s a minor nip or a severe attack, the physical and emotional scars can run deep. In the state of Georgia, victims of dog bites have legal recourse to seek compensation for their injuries. However, the process of suing a dog owner is complex and requires a thorough understanding of the laws that govern these cases. At The Gunnels Law Firm LLC, we are dedicated to helping victims navigate these challenges and secure the justice they deserve.
The Legal Framework for Dog Bite Cases in Georgia
In Georgia, dog bite cases are primarily governed by a blend of statutory law and common law principles. The central statute relevant to dog bites is Georgia Code § 51-2-7. This law stipulates that a dog owner can be held liable if their dog causes injury by biting another person. However, liability is not automatic. The law requires that the victim prove that the dog was dangerous or vicious, that the owner knew or should have known about the dog’s propensity to bite, and that the victim did not provoke the dog.
The term “dangerous or vicious” is critical in these cases. Georgia law does not automatically label certain breeds as dangerous. Instead, the individual behavior of the dog is considered. If a dog has a history of aggressive behavior, such as previous bites or attacks, this can be used as evidence to establish the dog’s dangerous nature. The owner’s knowledge of this behavior is equally important. If the owner was aware of the dog’s aggressive tendencies and failed to take appropriate measures to prevent an attack, they can be held liable for the resulting injuries.
Establishing Liability in Dog Bite Cases
Proving liability in a dog bite case involves several key elements. First, it must be shown that the dog was indeed dangerous. This can be established through evidence of past behavior, such as previous incidents of aggression or complaints from neighbors. Witness testimony can also play a crucial role in demonstrating the dog’s viciousness.
Next, the victim must prove that the owner knew about the dog’s dangerous tendencies. This can be more challenging, as it requires evidence that the owner had prior knowledge of the dog’s behavior. This knowledge can be demonstrated through past complaints, previous bites, or warnings from animal control officers.
Finally, it is essential to show that the victim did not provoke the dog. Provocation can be a defense used by dog owners to avoid liability. If the owner can prove that the victim provoked the dog, either by teasing, hitting, or otherwise aggravating the animal, the case can be significantly weakened. Thus, the victim must provide clear evidence that their actions did not contribute to the attack.
The Role of Negligence in Dog Bite Cases
Negligence can also play a significant role in dog bite cases. Even if a dog has no history of aggression, the owner can still be held liable if they were negligent in controlling their pet. For example, if an owner allows their dog to roam freely in a neighborhood without a leash, and the dog bites someone, the owner can be held responsible for failing to restrain the animal.
Negligence can be demonstrated through a variety of factors, such as failing to obey local leash laws, not securing the dog properly on the owner’s property, or not taking reasonable steps to prevent the dog from escaping. In cases where negligence is proven, the owner can be held liable for the victim’s injuries regardless of the dog’s past behavior.
Damages in Dog Bite Cases
Victims of dog bites in Georgia can seek compensation for a range of damages. These include medical expenses, both immediate and long-term, such as emergency room visits, surgeries, medication, and rehabilitation. In addition to medical costs, victims can also seek compensation for lost wages if the injury prevents them from working. Pain and suffering, which encompasses both physical pain and emotional distress, is another significant component of damages in dog bite cases.
In some cases, punitive damages may also be awarded. These are intended to punish particularly egregious behavior by the dog owner and to deter similar conduct in the future. For example, if an owner knowingly keeps a dangerous dog without taking any precautions to prevent attacks, the court may award punitive damages to the victim.
The Legal Process for Filing a Dog Bite Lawsuit
Filing a lawsuit for a dog bite involves several steps. Initially, the victim should seek medical attention immediately after the attack and document their injuries. This documentation can include photographs, medical records, and detailed notes about the incident and the extent of the injuries.
Once the immediate medical needs are addressed, the victim should contact a qualified attorney who has experience with dog bite cases. An attorney can provide crucial guidance on how to proceed, including gathering evidence, interviewing witnesses, and assessing the viability of the case.
I had the pleasure of working against Chris on a fairly complicated case. Chris was professional during the course of litigation, and undoubtedly maintained his clients’ interests as the primary focus throughout. Due to Chris’ efficiency and advocacy for his clients, we were able to resolve the case for a reasonable amount, without spending unnecessary time and expenses. I hope to have more cases with Chris in the future, and would have no hesitation recommending Chris to handle complex personal injury matters.”
- Paul T.
The attorney will typically start by investigating the incident, which involves obtaining reports from animal control, reviewing the dog’s history, and speaking with any witnesses. This investigation is critical to building a strong case and establishing liability.
After the investigation, the attorney will file a complaint in the appropriate court, outlining the facts of the case and the damages sought. The dog owner, as the defendant, will then have an opportunity to respond to the complaint. This may lead to negotiations for a settlement. If a settlement cannot be reached, the case will proceed to trial.
During the trial, both sides will present evidence and arguments. The victim’s attorney will aim to prove that the dog was dangerous, the owner knew of this danger, and the victim did not provoke the attack. The defense will likely try to counter these points and may argue that the victim’s actions contributed to the incident.
What Defenses Do Dog Owners Use in Georgia Dog Bite Cases
The Dog Was Provoked
One of the most common defenses a dog owner may use in a dog bite case is that the dog was provoked. In Georgia, if a person provokes a dog and gets bitten as a result, the dog owner may not be held responsible for the injuries. Provocation could involve actions such as hitting, kicking, or teasing the dog, or even acting in a way that frightens the dog. The defense typically argues that the victim’s behavior led to the dog’s reaction. If this defense is successful, it can significantly impact the outcome of your case. However, it is important to remember that proving provocation can be difficult, and the burden of proof falls on the dog owner.
The Victim Was Trespassing
Another common defense in dog bite cases is that the victim was trespassing on the dog owner’s property at the time of the attack. If you were on the dog owner’s property without permission, the owner might argue that they should not be held responsible for the dog bite injury. Georgia law allows property owners to defend against liability for injuries that occur when someone is unlawfully on their property. In this defense, the dog owner will attempt to prove that you were not invited onto the property, and therefore, you should not be entitled to compensation. It is important to note that this defense may not always hold up, especially if the dog was known to be dangerous or aggressive.
The Dog Was Not Known to Be Dangerous
In Georgia, a dog owner may also attempt to argue that their dog had no history of aggression or attacks. If the dog had never bitten anyone before or shown signs of being dangerous, the owner may claim they had no reason to believe the dog would attack. This is known as the “one free bite” rule. Under this rule, a dog owner may not be held responsible for a bite if the dog had no prior history of aggression and was not considered dangerous. However, the owner’s defense may be weakened if there were prior warnings that the dog was aggressive, or if the owner failed to take steps to prevent the attack.
I had the pleasure of working against Chris on a fairly complicated case. Chris was professional during the course of litigation, and undoubtedly maintained his clients’ interests as the primary focus throughout. Due to Chris’ efficiency and advocacy for his clients, we were able to resolve the case for a reasonable amount, without spending unnecessary time and expenses. I hope to have more cases with Chris in the future, and would have no hesitation recommending Chris to handle complex personal injury matters.”
- Paul T.
The Dog Was Not At Fault
In some cases, dog owners will argue that their dog was not actually responsible for the bite. This defense is commonly used when there is doubt about whether the injury was caused by the dog in question, or if other factors were involved. The defense may argue that the injury was caused by another animal, or that the victim was injured in another way, such as from falling or running into an object. This defense requires the dog owner to present evidence supporting their claims that the dog was not involved in the attack.
Comparative Negligence
Georgia follows a comparative negligence rule, meaning that if you were partially at fault for the incident, your compensation could be reduced based on your level of responsibility. For example, if you were interacting with the dog in a way that the owner believes was unsafe or inappropriate, they might argue that you share some of the blame for the incident. If the court determines that you were partially at fault, your damages may be reduced in proportion to your responsibility. For example, if you were found to be 25% responsible for the bite, your compensation could be reduced by that amount.
The Dog Was Not Leashed or Contained Due to a Violation of Local Laws
Many cities and counties in Georgia have ordinances that require dog owners to keep their pets on a leash or in a secure area to prevent attacks. In some cases, a dog owner may try to argue that the injury occurred because the victim ignored these local regulations, and the dog was not properly leashed or contained. However, this defense is often difficult to prove and may not be successful in cases where the dog’s behavior was clearly aggressive or dangerous.
What Should You Do If You Witness a Dog Attack in Roswell, Georgia?
Roswell, Georgia, with its picturesque landscapes and welcoming community, is a great place to live and visit. However, even in this idyllic setting, unexpected incidents such as dog attacks can occur. Witnessing a dog attack can be a traumatic experience, leaving you uncertain about the right course of action. In such situations, it is crucial to know what steps to take to ensure the safety of everyone involved and to protect your legal rights. The Gunnels Law Firm LLC is here to guide you through the process and provide insight into the legal requirements in Roswell, Georgia.
Immediate Response
Your first priority when witnessing a dog attack is to ensure the safety of everyone involved, including yourself. If possible, try to distance yourself from the aggressive dog and the victim. Avoid intervening physically, as this may escalate the situation and put you at risk of injury. Instead, call 911 immediately to report the incident and request medical assistance for the victim.
While waiting for emergency services to arrive, gather information about the incident. Take note of the details such as the location, time, and description of the dogs involved. If there are any witnesses, obtain their contact information, as their accounts may be valuable for legal purposes.
Medical Attention
After the immediate danger has been addressed, the next step is to ensure that the victim receives prompt medical attention. Dog bites can result in serious injuries, including puncture wounds, lacerations, and infections. Even seemingly minor injuries can have long-term consequences, so it is essential to encourage the victim to seek medical help.
In Georgia, medical records play a crucial role in personal injury cases. If you or someone you know has been bitten by a dog, documenting the injuries and seeking professional medical assistance is not only important for health reasons but also for establishing a legal case, should it become necessary.
Reporting the Incident
In addition to calling 911, it is important to report the dog attack to local authorities in Roswell. This can include the animal control office, the police, or both, depending on the severity of the incident. Providing them with detailed information about the attack and any relevant evidence, such as photographs or videos, can aid in their investigation.
Understanding Liability
Georgia follows a “negligence” rule when it comes to dog bite liability. This means that dog owners are held responsible for injuries caused by their dogs if it can be proven that they were negligent in handling or controlling their pet. However, this liability may be mitigated if the victim was trespassing, provoking the dog, or engaged in other negligent behavior.
It’s important to note that Georgia does not have a “one-bite” rule, meaning that dog owners can be held liable for the first bite if negligence is established. The Gunnels Law Firm LLC focuses on personal injury cases, including dog bites, and can provide experienced guidance on how the law applies to your specific situation.
Seeking Legal Counsel
If you or someone you know has been a victim of a dog attack in Roswell, Georgia, seeking legal counsel is a crucial step in understanding your rights and pursuing compensation for your injuries. The Gunnels Law Firm LLC has a team of experienced attorneys who focus on personal injury cases, including those involving dog bites.
Our attorneys can help you navigate the legal process, gather evidence, and build a strong case to maximize your chances of receiving fair compensation. We understand the physical, emotional, and financial toll that a dog attack can take on a person’s life, and we are committed to advocating for your rights and well-being.
Recovery and Support
Recovering from a dog attack involves not only physical healing but also emotional and psychological recovery. The aftermath of such an incident can be challenging, and seeking support from friends, family, or even professional counselors can be crucial. The Gunnels Law Firm LLC recognizes the holistic impact of a dog attack and encourages victims to prioritize their well-being during the recovery process.
Understanding the Trauma
The trauma associated with a dog attack can extend beyond physical injuries. Victims may experience anxiety, fear, and even post-traumatic stress disorder (PTSD) following the incident. It’s essential to acknowledge and address these emotional challenges alongside the physical recovery.
If you or someone you know has been affected by a dog attack, consider reaching out to local support groups or mental health professionals who specialize in trauma. The Roswell community has resources available to help individuals cope with the emotional aftermath of such incidents.
Community Awareness and Education
Raising awareness about responsible pet ownership and dog safety is crucial in preventing future incidents. The Gunnels Law Firm LLC believes in fostering a community that prioritizes the well-being and safety of its residents, both human and animal. Education campaigns, workshops, and community events can contribute to creating a safer environment for everyone.
Importance of Legal Representation
Navigating the legal complexities of a dog bite case can be daunting. This is why it is crucial for victims to seek legal representation. A knowledgeable attorney can provide the experience needed to build a compelling case and can handle the intricacies of the legal process on behalf of the victim.
An attorney can also negotiate with insurance companies, which often play a significant role in dog bite cases. Insurance adjusters may attempt to minimize the payout or deny the claim altogether. Having an attorney can level the playing field so that the victim’s rights are protected.
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Proving Emotional Distress in a Dog Bite Case
Emotional distress claims can be more challenging to prove compared to physical injuries, as they are not visible or quantifiable like a bite mark or laceration. However, it is not impossible to pursue compensation for emotional distress in a dog bite case in Georgia. To succeed in such a claim, you must establish the following elements:
- Negligence: To prove negligence, you must demonstrate that the dog owner failed to exercise reasonable care in controlling their pet. For example, if the owner knew that the dog had a history of aggressive behavior but did not take appropriate precautions, it could be seen as negligent behavior.
- Emotional Distress: Georgia law recognizes that emotional distress is a legitimate form of harm that can result from a dog bite. You must provide evidence that the dog bite caused significant psychological trauma, leading to emotional suffering and distress.
- Causation: It is essential to establish a direct link between the dog bite incident and the emotional distress suffered. Medical records, expert testimony, and psychological evaluations can be instrumental in proving causation.
- Intentional Infliction of Emotional Distress: In some cases, you might be able to sue for intentional infliction of emotional distress if the dog owner’s actions were willful and calculated to cause severe emotional harm.
Seeking Damages for Emotional Distress
If you succeed in proving emotional distress caused by a dog bite, you may be eligible to receive compensation for various damages, including but not limited to:
- Medical Expenses: Reimbursement for medical treatments required to address emotional distress, such as therapy or counseling sessions.
- Lost Wages: If the emotional distress impacts your ability to work, you may be entitled to compensation for lost wages or diminished earning capacity.
- Pain and Suffering: Compensation for the pain, suffering, and mental anguish endured as a result of the dog bite incident.
- Punitive Damages: In certain cases involving extreme negligence or intentional harm, punitive damages may be awarded to punish the dog owner and deter similar conduct in the future.
- Legal Expenses: Reimbursement for attorney fees and court costs incurred while pursuing the emotional distress claim.
Statute of Limitations in Georgia
It’s crucial to be aware of the statute of limitations for filing a dog bite lawsuit in Georgia. The statute of limitations sets a time limit within which you must initiate legal action. In Georgia, the statute of limitations for dog bite cases, including emotional distress claims, is typically two years from the date of the incident. Failing to file within this time frame could result in losing your right to seek compensation.
Understanding the Emotional Impact of Dog Bites
Dog bites can leave victims with more than just physical scars. The emotional toll of such an incident can be severe and long-lasting. It’s essential to recognize that emotional distress is a legitimate consequence of a dog bite and should not be dismissed or overlooked. The psychological impact may manifest in various ways, such as:
- Post-Traumatic Stress Disorder (PTSD): Victims of dog attacks may develop PTSD, experiencing flashbacks, nightmares, and heightened anxiety even long after the event.
- Fear and Phobias: A dog bite can trigger a profound fear of dogs or animals in general, making it difficult for victims to go outside or engage in activities they once enjoyed.
- Depression and Anxiety: Emotional distress following a dog bite can lead to feelings of depression, sadness, and chronic anxiety, impacting one’s overall quality of life.
- Social Isolation: Victims may become socially withdrawn, avoiding interactions with others due to the fear of judgment or potential harm.
- Trust Issues: Emotional distress can erode a person’s ability to trust others, especially if the dog bite was caused by a dog they previously thought to be friendly.
Support and Healing for Dog Bite Victims
If you or someone you know has experienced emotional distress after a dog bite, it is crucial to seek professional help and support. Dealing with the aftermath of such an event can be overwhelming, and it’s essential to have a network of understanding friends, family, or support groups to lean on.
Consider the following steps to aid in your healing process:
- Seek Medical Attention: Even if your injuries seem minor, it is essential to have a medical professional evaluate and document the physical and emotional impact of the dog bite.
- Counseling or Therapy: Consulting with a mental health professional who specializes in trauma and post-traumatic stress can help you process your emotions and develop coping mechanisms.
- Reach Out to Support Groups: Connecting with others who have experienced similar trauma can be highly beneficial in realizing you are not alone and finding empathy and understanding.
- Self-Care and Patience: Give yourself time to heal and practice self-compassion. Engage in activities that bring you joy and avoid pushing yourself too hard too soon.
- Legal Guidance: Consulting with a reputable personal injury attorney experienced in dog bite cases can help you understand your rights and the potential compensation you may be entitled to for emotional distress.
The Importance of Medical Treatment and Documentation
Even if a dog attack does not break the skin, seeking medical attention is essential. A healthcare provider can assess any hidden injuries and provide documentation that will support your claim. This medical documentation is key when pursuing compensation, as it serves as a record of your injuries and the treatment required. It is important to describe all your symptoms to the healthcare provider, even those that may not seem immediately related to the attack, such as headaches, anxiety, or trouble sleeping.
The medical records will play a significant role in proving the severity of your injuries and can help establish the connection between the dog attack and your physical or emotional pain. Without this documentation, it can be much harder to prove your claim, especially if there are no visible wounds. Detailed medical records, along with evidence from the scene and witness statements, create a strong foundation for your case.
Challenges in Dog Bite Cases
Despite the clear legal pathways for seeking compensation, dog bite cases can present several challenges. One common challenge is the lack of evidence. If there are no witnesses to the attack and the dog’s history is not well-documented, it can be difficult to prove the dog’s dangerousness and the owner’s knowledge of it.
Another challenge is overcoming defenses such as provocation. The defense may argue that the victim’s actions provoked the dog, which can significantly undermine the case. Overcoming this defense requires thorough evidence and compelling arguments to show that the victim did not contribute to the incident.
What is the “One Bite” Rule?
The “one bite” rule refers to a legal concept that gives a dog owner a pass on liability for the first bite that their dog causes, on the theory that the owner may not have known that the dog was dangerous. Essentially, it suggests that a dog must have bitten someone at least once before the owner can be held responsible for injuries caused by the animal. This rule is based on the idea that a dog may be unpredictable and that the owner should not be held responsible for an attack if the dog has never shown signs of aggression before. However, it’s important to note that not all states follow the “one bite” rule. Some states have stricter laws that hold dog owners accountable even for the first bite.
Emotional and Psychological Impact
The impact of a dog bite goes beyond physical injuries. Victims often experience significant emotional and psychological trauma. This can include fear of dogs, anxiety, nightmares, and post-traumatic stress disorder (PTSD). Addressing these aspects is an important part of the healing process and should be included in the compensation sought.
Therapy and counseling can be crucial for recovery, and these costs can be included in the damages. It is important for victims to recognize the full extent of their injuries, both physical and emotional, when seeking compensation.
Emotional distress claims can be challenging, especially when there are no visible wounds. However, Georgia law does allow claims for psychological trauma following a dog attack. This type of injury is often recognized by the impact it has on your daily life. Symptoms of emotional trauma include nightmares, fear of dogs, anxiety, depression, and changes in behavior that affect your social or work life. When filing a claim for emotional distress, it is important to have documentation from mental health professionals that shows how the attack has impacted your mental and emotional well-being.
Therapists, psychologists, or counselors can provide written statements and medical records that detail your condition, helping to validate your claim. These records are crucial in showing the ongoing effects of the incident. Courts recognize that emotional and psychological injuries are real and can be just as damaging as physical ones. By demonstrating the impact of these injuries, you can pursue compensation for the pain and suffering you have endured.
Why Choose The Gunnels Law Firm LLC
At The Gunnels Law Firm LLC, we understand the profound impact a dog bite can have on a person’s life. Our team is committed to providing compassionate and comprehensive legal support to victims of dog bites in Georgia. We have a deep understanding of the laws and the legal strategies needed to secure fair compensation for our clients.
Our approach is client-centered, meaning we prioritize the needs and well-being of our clients at every step of the process. We conduct thorough investigations, gather compelling evidence, and build strong cases to hold negligent dog owners accountable. Our goal is to alleviate the burden on our clients and help them achieve justice and recovery.
If you or a loved one has been bitten by a dog in Georgia, it is crucial to act promptly. The Gunnels Law Firm LLC is here to help you navigate the legal process and push so that you receive the compensation you deserve. Contact us today to schedule a consultation and take the first step towards healing and justice. Our team is ready to stand by your side and fight for your rights.
Dog Bite Settlement Timeline
Watch this video about the dog bite settlement timeline in Georgia to find out how long your case will take. Call our office to learn more.
Question:
How long will my dog bite injury case take?
Answer:
When we have clients who have been injured by dog bites, one of the first things they want to know is how long it’s going to take to resolve their case. This is very hard to know initially because all cases are different. However, dog bite cases usually tend to take longer than your general motor vehicle collision case because they are more fact-intensive and require a lot more discovery into what actually happened.
During the discovery process, we will have to find out if the dog had a propensity or history of attacking people before, along with if the owner had taken any measures to stop it. Those things take time to learn and figure out, and these are not the types of cases that often settle before filing a lawsuit. If the lawsuit cannot be resolved by the two parties, then the case may need to be tried in front of a jury.
I think a reasonable amount of time to expect for a dog bite case is somewhere between one and three years after the lawsuit has been filed. In Georgia, the statute of limitations to file a personal injury lawsuit is two years from the date of the incident. Typically, injuries sustained in a dog bite case are not as significant as a motor vehicle collision, and so the treatment process if faster. We can often file a lawsuit well before the statute of limitations expires.
Were you or a loved one attacked by a dog in Georgia and have questions about how long a dog bite case will take?
Contact the experienced Atlanta dog bite lawyer at Gunnels Injury Law today to arrange a free consultation and case evaluation.
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Benefits of Legal Representation:
Engaging the services of a skilled personal injury attorney when dealing with a dog bite claim in Georgia can significantly enhance your chances of obtaining fair compensation. Here are some key benefits of having legal representation:
Legal Expertise: Personal injury attorneys specializing in dog bite cases are well-versed in the relevant laws and regulations governing such incidents in Georgia. They understand the intricacies of the legal system and can navigate through complex insurance policies to ensure your rights are protected.
Negotiation Skills: Insurance companies often employ tactics to minimize the amount they have to pay out in claims. Having an attorney on your side means you have a strong advocate who can negotiate with the insurance company on your behalf. They will work tirelessly to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
Evidence Collection: Building a strong case requires gathering and presenting compelling evidence. Attorneys have the resources and expertise to collect and analyze all relevant evidence, such as medical records, photographs of injuries, witness statements, and expert opinions. This comprehensive approach strengthens your claim and increases your chances of a successful outcome.
Legal Strategy: Each dog bite claim is unique, and an experienced attorney can develop a tailored legal strategy based on the specific circumstances of your case. They will assess the liability of the dog owner, analyze insurance coverage, and determine the most effective course of action to maximize your compensation.
Trial Representation: While most dog bite claims are settled through negotiations, some cases may proceed to trial. If litigation becomes necessary, having a skilled litigator by your side is essential. An attorney will represent your interests in court, presenting a compelling case to the judge and jury, and fighting for the compensation you deserve.
5 Common Dog Bite Questions
- Were you or a loved one attacked by a dog in Georgia? Check out these 5 common dog bite questions, then contact our Atlanta attorney today!
1) What should I look for when choosing a dog bite attorney?
Dog bite cases require specialized knowledge and attention, and you always have to make sure that you have an attorney who has experience handling these cases all the way to a conclusion and has consistently received good resolutions. These cases involve unique statutes and laws, which needs to be applied, along with the evidence that’s gathered, in a specific way to put your case in the best possible light.
Another thing to keep in mind when looking for an attorney to handle a dog bite case is to make sure that your attorney knows the ins and outs of how the insurance system works. Insurance companies have their own way of doing things and it’s important to know what motivates them internally. Before beginning to represent individuals in personal injury claims, I spent years representing insurance companies. Now, I am able to take that knowledge and put it to use for people who have been injured by the carelessness of others.
Finally, it’s important to make sure that you have an attorney that insurance companies know will take cases through to trial. When it comes time to resolve cases, the attorneys who will not try cases do not get the best settlement offers. Most cases settle before trial, but some cases require prosecution all the way through to a jury in order to receive a reasonable and fair resolution. At Gunnels Injury Law, we spend a significant amount of our time in trial, and we know how the system works and how to position cases to get the best possible verdicts for our clients.
2) Should I speak to insurance companies after a dog bite injury?
We are often asked whether a person who has been injured by a dog bite should give a recorded statement to the insurance company of the person who owned the dog. We strongly recommend that you do not do this. The insurance company will use a trained claims examiner who will ask you questions in a way that leads to vague answers and misleading statements, which will later be used against you. Don’t give them the opportunity to do this. You don’t have any obligation to give a recorded statement, and there’s nothing to be gained from doing so.
3) Do I need a minimum amount of medical bills to file a dog bite injury claim?
When people come in to see us over dog bite claims, one of the things that they want to know is if there’s a minimum amount of medical expenses that are necessary in order to sustain a viable claim. These cases tend to be more dependent on the types of injuries rather than the medical expenses. For example, if you suffer permanent scarring, you may not have a lot of medical bills, but your claim will be worth more due to the long-term impacts of the injury. Likewise, if you sustained significant medical expenses but were found to have provoked the dog into attacking you, you won’t be able to recover much compensation. The best thing to do is evaluate the injuries and their permanency rather than simply the medical expenses.
4) How long will my dog bite injury case take?
When we have clients who have been injured by dog bites, one of the first things they want to know is how long it’s going to take to resolve their case. This is very hard to know initially because all cases are different. However, dog bite cases usually tend to take longer than your general motor vehicle collision case because they are more fact-intensive and require a lot more discovery into what actually happened.
During the discovery process, we will have to find out if the dog had a propensity or history of attacking people before, along with if the owner had taken any measures to stop it. Those things take time to learn and figure out, and these are not the types of cases that often settle before filing a lawsuit. If the lawsuit cannot be resolved by the two parties, then the case may need to be tried in front of a jury.
I think a reasonable amount of time to expect for a dog bite case is somewhere between one and three years after the lawsuit has been filed. In Georgia, the statute of limitations to file a personal injury lawsuit is two years from the date of the incident. Typically, injuries sustained in a dog bite case are not as significant as a motor vehicle collision, and so the treatment process if faster. We can often file a lawsuit well before the statute of limitations expires.
5) How much is my dog bite claim worth?
When we encounter clients who have been bit by dogs and injured, one of the first things they want to know from us is what the value of their case is. However, at the beginning of a case, you can’t determine the value because you don’t know the extent of the injuries. The first thing that needs to happen in order to determine the value of a case is to know whether you’re going to fully recover or whether your injuries are going to be permanent. For instance, in a dog bite case, if you are bitten and you only need a couple stitches, that’s not going to have a lot of value. Conversely, if you suffer permanent scarring, that case is worth a lot more because those injuries will never go away. However, you can’t evaluate this until you’ve gone through all of your medical treatment.
In any type of personal injury case, you are entitled to special damages, which consists of medical expenses and lost wages. These are relatively easy to calculate. The hard part is calculating the things known as non-economic damages, such as pain and suffering and disruption of life. The severity to which you’ve been impacted drives the value of the compensation.
Another thing that you have to keep in mind is where that money to compensate you comes from. In the instance of a dog bite case, it’s generally the homeowner’s insurance of the dog owner. We have to look into how much insurance they have, or if they have any personal assets.
What is considered a “vicious or dangerous” animal under the law?
The law does not provide a clear definition of what constitutes a “vicious or dangerous” animal. However, courts have generally held that any animal that has previously bitten or attacked someone or has a known history of aggression can be considered “vicious or dangerous” under the law. The owner of such an animal is responsible for any injuries the animal causes, even if the owner had no reason to believe the animal would attack.
What should you do if you are bitten by a dog in Georgia?
If you are bitten by a dog in Georgia, it is important to seek medical attention right away. Even if the wound does not appear serious, dog bites can lead to infections and other complications. You should also report the bite to the local animal control agency or police department as soon as possible. This will help to ensure that the dog is properly quarantined and tested for rabies.
If you are considering filing a dog bite claim in Georgia, it is important to work with an experienced personal injury attorney who can help you navigate the legal process. Your attorney can help you gather evidence, negotiate with the dog owner’s insurance company, and represent you in court if necessary.
What are the defenses available to dog owners in Georgia?
While Georgia’s strict liability law for dog bites places responsibility on the owner of the dog, there are a few defenses that the owner can raise to avoid liability. These defenses include:
- Trespassing: If the victim was trespassing on the owner’s property at the time of the attack, the owner may be able to avoid liability under the law.
- Provocation: If the victim provoked the dog into attacking them, the owner may be able to argue that the victim was partially responsible for their injuries.
- Assumption of Risk: If the victim knew the dog was dangerous or had previously attacked someone, they may have assumed the risk of being bitten and may not be able to recover damages.
It is important to note that these defenses can be difficult to prove in court, and a skilled personal injury attorney can help you navigate them.
What damages can you recover in a dog bite claim in Georgia?
If you are successful in your dog bite claim in Georgia, you may be able to recover damages for:
- Medical expenses, including hospital bills, doctor visits, and rehabilitation costs.
- Lost wages or income if you are unable to work due to your injuries.
- Pain and suffering, including emotional distress, physical pain, and loss of enjoyment of life.
- Property damage, such as damage to clothing or other personal items.
- Punitive damages in cases of gross negligence or intentional harm.
Georgia’s strict liability law for dog bites can provide an avenue for victims to recover compensation for their damages. If you have been bitten by a dog in Georgia, it is important to seek medical attention, report the incident to the appropriate authorities, and work with an experienced personal injury attorney to pursue your claim. With the help of legal counsel, you can hold the dog owner accountable for their negligence and recover the damages you are entitled to under the law.
Speaking to Insurance Companies After a Dog Bite
Watch this video to learn why speaking to insurance companies after a dog bite injury will hurt your personal injury claim. Call our office for legal advice.
Question:
Should I speak to insurance companies after a dog bite injury?
Answer:
We are often asked whether a person who has been injured by a dog bite should give a recorded statement to the insurance company of the person who owned the dog. We strongly recommend that you do not do this. The insurance company will use a trained claims examiner who will ask you questions in a way that leads to vague answers and misleading statements, which will later be used against you. Don’t give them the opportunity to do this. You don’t have any obligation to give a recorded statement, and there’s nothing to be gained from doing so.
Were you or a loved one attacked by a dog in Georgia and have questions about speaking to insurance companies after a dog bite?
Contact the experienced Atlanta dog bite lawyer at Gunnels Injury Law today to arrange a free consultation and case evaluation.
Let our experience work for you.
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Out of Town Legal Resources
These Rochester Dog Bite Lawyers have done a great job creating educational content. If you need help with a dog bite claim in Rochester, we recommend you take a look at their website.
