Animal Attacks And Dog Bite Injury Cases
Animal Attacks And Dog Bite Injury Cases
Overview
Dogs and other animals are great companions for couples, families, and singletons alike. In the Mountain State, roughly 66% of all households have animals. About 50% of West Virginia households here have a dog, and nearly 38% include a cat.
Unfortunately, not all of these animals—pets, livestock, or others—are always friendly. Dogs can bite if provoked, regardless of their breed or upbringing. About 4.5 million people in the US suffer dog bites every year. Children and the elderly are particularly vulnerable to dog bites and animal attacks because they cannot adequately defend themselves. Home service providers and mail carriers also have higher instances of animal attacks and dog bite injury cases.
Some bites are just small and harmless, leaving someone with minor bruising or scratching. But some dog, cat, or other animal bites can lead to puncture wounds, serious infections, broken bones, and disfigurement. In rare cases, these attacks can be fatal. Birds, livestock, and other animals can also injure a person if they are frightened or provoked on someone’s property.
Large or small, it is the owner’s responsibility to protect people from injury from their animals. If you’ve suffered any type of animal bite or attack, speak with a dog bite lawyer in Charleston, WV, to learn about your options.
Bite Laws In West Virginia
Dog and other animal owners are responsible for their animals and must follow West Virginia’s leash and other laws to protect others from harm. Owners must keep animals under control and take precautions to protect others.
West Virginia’s dog bite statute (§19-20-13) is limited to unleashed dogs that are allowed to roam free by the owner. Any damages or injuries caused by the dog while loose leave the owner or keeper liable for negligence. Because this law imposes strict liability, there is no “one bite” rule for unleashed dogs as there is in other states.
However, for a dog that is under the control of its owner, an injured plaintiff must show that the owner was negligent in allowing the dog to bite or attack. In this case, there is somewhat of a “one-bite” rule. An injured plaintiff must show that the owner knew that the dog had a history of biting or otherwise causing harm and that the owner was negligent.
An additional state statute (§19-20-14) addresses unleashed dogs that harm or harass livestock, holding the owner responsible if the animal is harmed or killed by the dog’s actions.
Types of Injuries from Animal Attacks
Animals large and small can harm someone and leave them with long-term injuries. Cats and dogs of all sizes can trip someone, causing them to fall and suffer injuries. Attacks by any type of animal can leave a person with serious, long-term and painful injuries that could be disabling and leave them unable to return to work.
Serious animal bites and attacks can leave a person with:
- Physical injuries, such as fractured or broken bones, puncture wounds, lacerations, infections, head and neck injuries, spinal and spinal cord injuries, and internal injuries
- Psychological trauma
- Long-term consequences, such as pain, disability, and the need for long-term medical care.
A person may also be left unable to work, leading to a loss of employment and income and other long-term financial difficulties
Steps to Take After a Dog Bite
Like any personal injury, what you do next is vital. You should:
- Seek immediate medical attention and continue treatment as needed
- Report the incident to Animal Control, the dog’s owner, property landlord, and local police if necessary
- Get the owner’s contact information
- Gather evidence including pictures of the dog, your injuries, witness statements, etc.
You should also contact a dog bite lawyer in Charleston, WV to discuss your case, learn about your legal rights, and how to go about recovering damages to cover your losses.
Compensation for Dog Bite Victims
Severe injuries from dog bites and animal attacks can be expensive. Depending on your vocation, you may be out of work for some time while you recover. Unfortunately, your medical bills and other expenses are accumulating at the same time.
Filing a claim can help you recover for those losses, including:
- Medical expenses
- Lost wages
- Property damage
- Other losses such as pain and suffering
But since insurance companies are not interested in reimbursing you for your losses, you may find yourself battling to get even a small amount of compensation. If the insurer knows you’re not represented by a lawyer, they’ll make it impossible for you to ever see any money.
Working with a dog bite lawyer in Charleston, WV can make the process easier. The Love Law Firm’s experienced personal injury lawyers can help with your claim, including negotiations with the insurance company to ensure that you receive a fair settlement. We can handle your claim while you recover from your injuries.
How Long Do I Have To File My Claim?
West Virginia’s personal injury statutes indicate that you’ll have two years from the date of the injury. There are three exceptions:
- An injured minor has two years from the date of their 18th birthday
- If you were disabled at the time, the statute of limitations can be extended until your disability has been resolved
- For a fatal attack, two years from the date of death (this would be a wrongful death claim)
A dog bite attorney in West Virginia can ensure that the claim is filed within the prescribed time frame.
Should I Sue My Friend Or Relative?
In many cases, the animal involved belongs to someone close to them. Things become complicated and awkward when the dog bite or animal attack leaves a friend or relative with serious and expensive injuries.
Fortunately, many of these claims are paid by the owner’s homeowner’s policy and usually don’t go as far as a trial. But attempting to file a claim with someone’s insurance company, relative or no, can be complicated and difficult as the insurance company begins trying to avoid paying.
A dog bite lawyer in Charleston, WV, can help. Animal attacks and dog bite injury cases do not have to ruin relationships, especially if the insurance company handles the settlement. Talk to us to learn more about your case and how we can help.
Dog Bite Lawyer In Charleston, WV
Injured by a dog bite? It’s no laughing matter, a delicate situation between you and the owner, as well as a serious medical emergency. The Love Law Firm is Charleston, West Virginia’s personal injury law firm with extensive experience handling premises liability cases. Call us today at 304-344-5683 or contact us online and schedule your free consultation. There’s no fee until we win your case, and our contingency fee arrangement means you won’t pay unless we win your case.
Phone:
(304) 344-5683
