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Most people like seeing a dog being taken for a walk. It is normal to stop and pet the dog, but what would happen if the dog decided to bite someone? Well, it can be intense really fast. Sadly, many dogs are untrained, so they are more likely to bite someone. This is no laughing matter because dog bite injuries can be severe.
The dog owner will need to be held accountable for the dog's actions. However, receiving the proper compensation after a dog bite injury can be difficult. Luckily, the right Chesterfield dog bite lawyer will be able to help in this situation. That is where Powell Law Firm comes into play. This post is going to explain everything that there is when it comes to dog bites.
Dog Bite Victims' Rights
When it comes to Missouri, a statute has been put in place for dog bites. The dog owner will be held liable for any damages caused by the dog bite. However, if the person is also held liable, that will be deducted from the compensation. This means that if the dog bite victim provoked the dog, they would be held accountable for the bite.
However, if the dog was not provoked and the victim attacked, the owner will be held entirely liable. This is a comparative negligence law that has happened in Missouri.
Basically, if the victim trespassed, taunted, or provoked the dog, then they will be held accountable. Overall, it is just best practice to never provoke any animal because no one wants them to bite someone.
What Should Happen After a Dog Bite Has Occurred?
Many steps need to be completed if someone were to be bitten by a dog.
Assess the Damages
Dog bite injuries can vary in intensity. Some may not bleed, while others may have sustained severe injuries. That is why the victim should assess the damage that has been done.
Call 911
After assessing the dog bite injuries, the victim should call the authorities. This is because if the injuries are terrible, they should be checked out by a professional. They will be able to tell the victim if they need to go to the hospital or not. Also, having a police officer there is useful because they will need to write a police report.
This report will explain who the police officer thinks is at fault and what happened. With this information, a personal injury lawyer will be able to determine whether their client will receive their full compensation or not.
Animal Control
Sadly, the local animal control agency must be called during a dog bite case. This is because the dog has just bitten the victim, and they are not safe to have out on the streets. When someone's dog attacks another person, animal control will need to take the dog away and assess it. If the dog cannot be controlled, it will need to be put down.
Seek Medical Attention
No matter how severe the dog bite is, the victim will still need to go and see a medical professional. This is because dogs also carry a lot of germs and diseases, making it difficult for people to live an everyday life if they have not properly looked after the injury.
If the dog bite injuries are severe, paramedics will take the victim to the hospital. Otherwise, they should go and see their doctor to be completely assessed.
Below are some of the most common injuries that can occur when a dog bite has happened:
Puncture Wounds
Lesions
Infections
Disfigurement
Scarring
Emotional Distress
Fractures
Additionally, some people have died from vicious dog attacks, which is why dog bite laws have been passed.
These are some of the most common infections that can happen due to a dog bite injury:
Staph Infection: If the wound is not cleaned correctly, a staph infection may occur.
Pasteurella Multocida: This dog bite infection can lead to skin problems like necrosis. Also, it may be the cause of otitis, brain abscess, and more.
Capnocytophaga: A dog bite injury may also cause capnocytophaga. This severe infection can cause organ failure, heart attacks, and more.
This is why it is essential to seek medical attention. Even if the victim does not think the wound is that serious, they should see a doctor to run tests and receive any shots they may need due to the dog attack.
Gather Evidence
Evidence is needed for a dog bite case, which is why any personal injury lawyer will want to gather it themselves, or the victim will need to put in the extra work. The victim should take pictures of the dog and their injuries. Also, picturing where the attack took place will also help the personal injury lawyers when it comes time to defend the victim.
Additionally, if the victim has any bloodied clothing, they shouldn't wash it. Instead, they may put it in a bag and give it to the personal injury lawyer because they can use this as evidence. Another piece of evidence that can be useful is the medical and police records. Getting a copy of those will help with any dog bite claim, so people can get the justice they deserve.
Find the Right Personal Injury Lawyer
Having a dog bite personal injury lawyer will help people with their case. This is because the lawyer knows the law, and they will have an easier time defending the victim regarding their personal injury claim.
What Kind of Damages Can Be Obtained?
Many different damages can be obtained due to a dog bite injury. Below are some of the damages that can be claimed.
Medical Expenses: Medical expenses can be multiple things. This may include hospitalization, transportation, treatment, medication, and medical equipment. The victim must be properly taken care of after a dog bite, but it can be expensive. That is why the dog owner must look after all medical expenses.
Surgery: Some people may be left with scarring or disfigurement, which will need surgery to be corrected. Any required surgery to repair the scarring or disfigurement may be paid for by the dog owner instead of the victim.
Permanent Injuries: Severe attacks can cause permanent damage to dog bite victims. They may need a wheelchair or cane for the rest of their life. This means that the compensation could include purchasing these objects so that the victim can have the correct equipment.
Lost Wages: Sometimes, a dog bite victim must take time off work because of the dog bite injury. When this happens, many people may not get their normal paycheque. When this happens, a dog bite victim may be entitled to compensation for their lost wages.
Pain and Suffering: Non-economic damages like pain and suffering are harder to prove, but they are not impossible. Many victims may suffer from depression, PTSD, or anxiety from the dog bite. This can be compensated for if hired by the right dog bite lawyer.
What Are Some Factors That Will Affect the Settlement?
Many factors will need to be considered when it comes to the settlement. Some of the main things are:
Whether the dog bite has left any visible scarring or disfigurement.
If the injury has caused a permanent disability.
Whether the victim has needed to have any mental health treatment for their injuries caused by the dog bite.
If the victim required emergency medical care because of the dog bite.
Personal injury lawyers need to make sure that they investigate every part of the statements that apply to dog bite cases. This is because all this information will help the lawyer determine who is liable and how much compensation the victim should receive.
However, other factors will help determine the settlement option in Chesterfield, MO. Some of the factors are:
Which party is liable.
What kind of insurance the dog owner has for their pet.
The total economic losses the victim has accumulated from the dog bite.
How the dog bite lawyer has calculated the non-economic losses.
The effective strategy that the personal injury lawyer has come up with to negotiate the settlement.
The reason why people will hire a dog bite lawyer from a St Louis dog bite law firm for their dog bite case is that the lawyer will be able to get a better result compared to if the victim tried to do it themselves. Dog bites can be severe injuries, so every victim deserves to have the right team behind them when they want to make a claim.
Who Can Be Held Liable?
In order for any personal injury lawyer to find out who is liable for a dog bite, they will need to complete their investigation thoroughly. This is because they will ensure people can get the settlement they need once liability has been confirmed.
Dog bites in Chesterfield, MO, may cause a person to sustain an injury. That is when the lawyer will need to use the Missouri law to help the victim prove who is liable and who should pay. In Missouri, the state practices strict liability laws regarding dog bites. Strict liability means that the dog's owner will be held liable whether there was a fault.
This means that the dog bite injury lawyer does not need to show that the dog's owner was negligent or intentionally allowed the dog to attack the victim. Instead, they must prove that the owner's dog has bitten the victim. The owner is legally responsible if the dog bite injuries of the victim are:
Caused by the dog bite.
If the victim was on the property lawfully.
The victim did nothing to provoke the dog attack.
If the victim was walking on the property lawfully, then the Chesterfield, MO, personal injury lawyer will be able to get excellent recovery on behalf of the victim. Also, most of the time, dog owners have homeowners or renters' insurance, which will help the victim get the compensation they deserve. However, two types of liability can be brought up during personal injury claims.
Negligence: The victim may be able to file a negligence claim if someone was negligent. This may happen if they have failed to act in their duty to keep the victim safe. When someone allows their dog to run free or fails to get them, this can be considered negligent behavior. Also, a property owner or landlord may be liable if they knew a broken latch or gate that would normally fence in a yard. If this is the reason why the dog was able to leave the property and attack someone, then they would be classed as negligent.
Negligence Per Se: Negligence per se is when someone can be held liable since they broke the law. A dog bite injury lawyer can prove that the defendant is guilty because the dog bite occurred. After all, the defendant was breaking the law. In some municipalities, there are laws in place that require the owner to keep their dog on a leash or off of other people's property without their permission. If the owner violated one of these laws, then they would be considered liable with a negligence per se claim.
Can Multiple People Be Liable?
When it comes to strict liability, there are many different people that can be held responsible in Chesterfield, MO. It all depends on who is present, where the dog bite injury took place, and what the defendant did that will be considered by the dog bite injury lawyers. Some of the additional defendants may be:
Landlords
Employers
Stores
Dog Walkers
Government organizations
Businesses
Every one of the above parties can be at fault for dog bite cases. This does not just include strict liability but other forms of liability and neglect as well.
Are There Any Dogs That Are More Likely to Bite?
Some dogs may be more likely to bite compared to other breeds. Below are a few of the more aggressive dogs that would most likely bite someone.
Bulldog
Chihuahua
German Shepherd
Pit Bull
Lhasa Apso
Australian Shepherd
Jack Russell Terrier
Bull Terrier
Cocker Spaniel
Papillion
Pekingese
This does not mean that people should act any differently in front of these breeds, but people should be more aware of their training when it comes to these breeds. That is why getting them properly trained may help with decreasing the likelihood of them biting someone.
Why Should Anyone Call an Attorney?
When a victim wants compensation, then the best thing to do is call a lawyer. They understand the law more than anyone else, so they will be able to help the victim get the help and the compensation that they need.
Work with Powell Law Firm
The team at Powell Law Firm is experienced, professional, and knowledgeable about the law. They will be able to handle anything that gets thrown at them because they are prepared for it. That is why they offer a free consultation because they want everyone to have a chance to see what working with professionals will be like.
Overall, the team understands that the victim is going through a traumatic time that needs to be resolved. However, that takes time and effort. Instead of the victim trying to pursue an insurance company, learn what strict liability is, and file claims, they should let the professional do it instead. Dog owners should be held responsible for their negligence. That is why the Chesterfield, MO Powell Law Firm is here to help.
Victims will have time to relax and try to heal from their injuries instead of thinking about what needs to be done next for the case. Also, the team will make sure that the victim always knows what is happening. Even though the victim will benefit from separating themselves from the case as much as they can, they should still know everything that there is to know about the case. The lawyers at Powell Law Firm will make sure that the victim is always kept in the loop.
Additionally, the victim will not need to worry about any time limits. Like with every claim, there is a time limit for when a claim needs to be filed, but this may be difficult for someone who is trying to heal from their injuries. Instead, a lawyer will know how much time they have to file their claim, and they will make sure it is done right away.
Other Chesterfield Practice Areas
Call Powell Law Firm Now
No victim should ever wait to speak to a lawyer, which is why Powell Law Firm offers a free consultation for every person that walks through the door. They understand that victims need the right support to get the compensation that they need, so they can finally move on from this traumatic experience. The team at Powell Law Firm is ready to help those who have been in a dog attack, so victims should call them with any questions that they may have.
Finally, the team at Powell Law Firm can be reached at 314-470-1374.