Winter Haven Dog Bite Lawyer
Each year, millions of Americans land in the hospital after a dog bite. These attacks lead to some common and painful injuries, including fractures, lacerations, infections, and nerve damage. If a dog bites you, then you could easily end up in debt trying to cover medical expenses. You need a law firm dedicated to receiving the most compensation possible.
Our Winter Haven dog bite lawyers are standing by to assist however we can. Our firm has won millions for injured victims, and we offer a free consultation so you can ask any questions and learn more about your legal rights.
When Can You Sue a Dog Owner?
A dog owner might be liable under a couple of different statutes:
- Dog bite. You can sue under Florida Statutes § 767.04 if a dog bites you in public or when you are lawfully on private property, including the dog owner’s property. There is no requirement that the owner know the dog has a history of vicious behavior. Instead, owners are strictly liable for the dog bite.
- Non-bite injury. You can also sue an owner if a dog attacks you but doesn’t bite and you sustain injury. (See Fla. Stat. § 767.02.) For example, a dog could jump on you, causing you to fall and break an arm.
In a dog bite case, the owner can defend themselves by arguing:
- Trespass. You can’t seek compensation if you had no legal right to be on the property. For example, you might have snuck onto someone’s property and been bitten.
- Negligence. The owner’s liability is reduced by the victim’s share of fault for the bite. Some victims are negligent and might accidentally step on a dog’s tail, for example, triggering a bite.
- Posted sign. An owner is not liable for a bite on their property if they have posted a sign warning of an aggressive dog. They are still liable if the victim is under age 6 or the dog owner was negligent.
Let our Winter Haven dog bite lawyer review the facts. Some questions often arise over whether you were lawfully on the property at the time of the attack. Another issue is whether you are partially to blame for the bite.
Suing a Non-Owner for a Dog Bite
In some situations, a non-owner could be liable for your bite. Examples include:
- Landlords who fail to use reasonable care to protect you from a dog bite.
- Kennels that are housing dogs but fail to protect the public from an attack.
- Dog walkers who do not restrain a dog properly, which allows the dog to bite and cause injury.
There are several legal questions involved when trying to hold a non-owner liable. One issue is whether the defendant agreed to be responsible for the dog.
Another issue is negligence. These defendants are not automatically liable for a dog bite. Instead, we need to analyze if they acted reasonably in protecting people from the dog. If not, they might be negligent and have to pay compensation.
JustCallMoe. Our Winter Haven dog bite attorney will review the facts surrounding the attack and see if you can sue.
How Much Time Do You Have to Sue?
Florida requires that victims meet certain deadlines to receive compensation. The deadline will depend on whether you sue under a statute or based on negligence. Another consideration is when the accident happened.
Typically, victims have two years to file a lawsuit from the day they suffered injury. However, If you or a loved one were bitten before March 23, 2023, you may have some extra time to file a claim. You should meet with an attorney as soon as you can. We can get a lawsuit filed if you are approaching your relevant deadline. Anyone who takes too long to sue can end up with no compensation.
At JustCallMoe, we settle most of our dog bite cases. Nonetheless, losing the ability to sue severely undermines any attempt to negotiate a settlement. We can move to quickly protect your rights.
What is a Fair Settlement?
Our clients can seek economic and non-economic damages for their dog bites or other injuries.
Economic damages include:
- Medical care for your injuries
- Lost wages or income when you can’t work due to the bite
- Property damage, such as injuries to your own dog
- Reasonably certain future economic losses (such as loss of earning capacity)
Non-economic damages include:
- Bodily pain
- Mental anguish or emotional distress
- Loss of consortium
- Disfigurement
- Disability
Our law firm wants to know more about your injuries and how they are impacting your life. Schedule a free consultation with our office. Some limitations on compensation include the defendant’s resources, as well as your comparative negligence.
Fatal Dog Attacks: Do You Have Legal Rights?
Unfortunately, some people end up dying from a dog bite. Victims can suffer from sepsis and septic shock when infections are not quickly treated. Other injuries lead to a victim bleeding too much and dying as a result.
Call our office if a loved one died in a dog attack. Florida has a wrongful death statute that allows people to seek financial compensation from the person responsible. This is a trying time, but we can meet in a private setting to go over what you know about the attack and analyze the validity of your claim.
What to Do After a Dog Attack
You can protect your health and the public by doing the following:
- Document the attack. Write down some basic information. If you can, use your phone to take a picture of the dog, especially if you are bitten in public. The dog might run off after the attack, and we need to find the owner.
- Report the attack to animal control. The city must find the animal to identify if it has rabies, which is fatal.
- Go to the hospital. Even if you think the wound is shallow, you still need treatment for possible infection, including rabies. You also want the wound to heal, which can require stitches.
- Watch the wound for signs of infection. You might notice puss or red streaks radiating from the wound. These are telltale signs of a worsening infection.
- Follow your doctor’s treatment plan. We recommend taking all physical therapy to help you recover from the attack.
Schedule a Free Consultation with Our Office
Dog bites cause intense pain, and many victims are unsure of when they will feel normal again. During this trying time, you probably aren’t thinking about whether you can sue. As explained above, however, you need to meet important deadlines. Call our office to speak with an experienced Winter Haven dog bite attorney at JustCallMoe about your case.
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