Law Office of Michael D. Waks

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

My Child Was Bitten by a Dog—Can I Sue?

July 15, 2019 by Michael Waks

My Child Was Bitten by a Dog—Can I Sue?If your son or daughter was bitten by a dog, your family may be entitled to compensation for all resulting damages. There are, however, many ways for the dog owner and/or the insurance company to dispute your claim. For example, they might argue that your child instigated the attack or that the injuries are less severe than you’re claiming.

The easiest way to find out if your case has merit is to speak with a dog bite attorney. Fortunately, most personal injury lawyers offer free consultations, so you won’t have to pay anything to get your questions answered.

Below we’ve addressed some of the most frequently asked questions about these cases:

What Must I Prove to Win a Dog Bite Lawsuit?

There are certain elements that must be proven to recover damages in a dog bite claim. Those elements are:

  • The defendant was responsible for handling or securing the dog;
  • You were lawfully allowed to be where the attack occurred (i.e. you were not trespassing);
  • The attack caused injury or death; and
  • The value of damages incurred as a result of the attack.

Dog owners can be held strictly liable for injuries that their dogs cause. That means your attorney will not have to prove fault in order to hold the dog owner liable. If, however, a third-party such as a dog walker was in control of the animal at the time of the attack, a finding of fault may be needed to impose liability.

Some states have a “one-bite rule,” which protects dog owners from liability is some cases if their dog had not bitten anyone or displayed vicious tendencies in the past. California, however, does not have this rule. Even if the dog had never bitten anyone before, the dog owner may still be strictly liable for your child’s medical bills and other damages.

What Kinds of Damages Can I Pursue in a Dog Bite Claim?

In the state of California, dog bite victims have the right to seek compensation for:

Medical Expenses: A successful personal injury claim may provide funds for all resulting healthcare expenses including future medical bills the victim is reasonably certain to incur. Dog bite victims often require multiple procedures to prevent scarring and disfigurement. The cost of these surgeries can be included in the settlement calculations.

Lost Income: If you were hurt during the incident, too—perhaps you stepped between your child and the animal to stop the attack—you may be entitled to compensation for any lost wages.

Other Objectively Verifiable Losses: Personal injury claimants may pursue compensation for reasonable and necessary expenses that they incur as a direct result of the accident in which they were hurt. Examples include home care, child care, domestic help, alternative transportation, and home and/or vehicle modifications.

Non-Economic Damages: Dog bite victims may be entitled to non-economic damages such as pain and suffering, loss of enjoyment in life, and emotional distress. Additionally, if they are married, their spouse may be able to pursue compensation for loss of consortium, which encompasses the loss of moral support, companionship, and intimacy.

What to Do After a Dog Bite

What you do immediately following a dog bite could have a major impact on your claim. It’s important to take certain steps—and avoid certain mistakes—to ensure your case has the best possible chance of success.

Below are a few tips to keep in mind:

Seek Medical Attention: Even if the wounds do not seem to require emergency medical attention, you should take your child to a doctor immediately following the attack. Prompt treatment may reduce the risk of infection and rabies, and getting documentation of the injuries will strengthen your claim.

Contact Animal Control: Call your local animal control office. The specific procedure for handling a dog bite varies based on county and circumstance, but a local officer may be sent to the owner’s home to remove the animal from the residence. The dog may then be quarantined and examined for signs of rabies and other diseases.

Be Cautious When Using Social Media: Although it’s important to document everything—by taking photographs of the wounds, for example, and obtaining statements from eyewitnesses—you should not post about the incident on social media. The opposing party might use your posts to dispute liability or the severity of your child’s injuries. It’s a good idea to disable your accounts until the conclusion of your case.

Call a Dog Bite Attorney: The statute of limitations for filing a personal injury lawsuit in California is typically two years; however, there are many advantages to starting the proceedings as soon as possible. For example, time-sensitive evidence may still be available, and your attorney will have more time to build your case. If anyone saw the attack, their statements will be more reliable if your attorney can conduct the interview right away.

How Long Will It Take to Resolve My Case?

There’s no way to predict how your case might unfold until we’ve reviewed the facts and performed an investigation. There are many factors that could affect the duration of the proceedings. Examples include the strength of the available evidence, the opposing party’s willingness to cooperate, and whether you’ve provided any statements or made other mistakes that ultimately lead to a dispute. A seasoned dog bite lawyer can help you avoid critical errors and oversights that would delay the proceedings.

Call (562) 206-1939 to Discuss Your Claim with a Long Beach Dog Bite Attorney

Your Injuries Are Personal to Me

If your child was bitten by a dog, contact the Law Office of Michael D. Waks to determine the most strategic way to proceed. Our team is available 24/7 to take your call, and attorney Michael Waks will be readily accessible throughout the proceedings to answer your questions and provide updates on your case. Call (562) 206-1939 today or fill out our Contact Form to schedule a free consultation with a dog bite lawyer in Long Beach.

  • Author
  • Recent Posts
Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
Latest posts by Michael Waks (see all)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
Share here...
Avatar for Michael Waks

About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Law Office of Michael D. Waks

Website & SEO By Sutton Digital Marketing