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.

Common Types of Dog Bite Injuries

Dog bite injuries vary from superficial scratches to disfiguring injuries. However, almost any bite is dangerous because of the high risk of infection and scarring. We recommend going to the hospital immediately to receive treatment. A doctor can discuss whether to give you a rabies vaccine.

Some of the most common injuries include:

• Lacerations
• Puncture wounds
• Muscle or ligament damage
• Fractures
• Sprains or strains
• Nerve damage
• Infection
• Regional pain syndrome
• Post-traumatic stress disorder

When left untreated, infections can progress to sepsis and even septic shock. Some people die from infections. For this reason, you should clean any dog bite and head to the hospital for immediate treatment. Your doctor can assess which infections are most likely and begin treatment early.

Dog bites leave deep emotional scars, especially with children. Some tots develop a lifelong fear of dogs. You need a legal team that understands the value of mental or emotional scars as well as bodily ones.

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.

If you sue under a statute, then you should get four years to file a lawsuit. (Fla. Stat. § 95.11(3)(e).) This deadline usually applies if you are suing under one of the statutes.

Any case based on negligence has a different deadline, which depends on when you were bitten. If you or a loved one were bitten before March 23, 2023, you may have four years to file a claim. Otherwise, Florida’s law has reduced the statutory deadline for negligence to two years from the date of the bite. (Fla. Stat. § 95.11(3)(a).)

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.

How to Speed Up a Settlement for Your Winter Harbor Dog Bite Case

Handling a dog bite claim requires sensitivity to deadlines coupled with a focus on receiving the best settlement possible. Insurance companies are incentivized to drag out claims. They might delay an investigation or simply deny responsibility. Their actions are strategic and designed to put the injured victim in an uncomfortable position.

Our clients have large medical expenses and often miss work. They need a fair settlement.

There are ways to speed up a claim, including:

• Hire the right legal team. An inexperienced lawyer who has never tackled a dog bite case will make many mistakes along the way, lengthening your case. Look for a law firm with deep experience in dog bite cases. We can find the evidence needed to bring a winning claim.
• Stay organized. You have a lot of evidence in your possession. Hold onto and organize medical bills, medical records, and communications from insurance companies.
• Receive medical care. Anyone who stops treatment early makes it harder to receive a fair settlement. If you don’t feel your condition is improving, then talk to your lawyer about getting a second medical opinion. But continue with rehab.
• Avoid giving a recorded statement. These statements are opportunities for you to say something that casts doubt on your legal claim. You might slip up and admit fault for stepping on a dog or letting your dog attack first.
• Do not post about your claim on social media. There is no reason to publicly post anything about your medical condition. We recommend taking a break from social media while your case is working its way through the system.

These simple steps improve your chances of receiving a fair settlement. JustCallMoe if you need help after a Winter Harbor dog attack.

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.

We Have Deep Knowledge of the Claims Process

The legal team at JustCallMoe has built our reputation by providing high-quality legal representation to dog bite victims. Our firm can take over your claim and handle all the work from start to settlement.

Here are some of the reasons to contact our office:

• Track record of success. We have served clients for years and recovered millions in compensation. Our firm can help anyone visiting the state from away.
• Experience with dog bite claims. Victims typically submit a claim on the dog owner’s homeowner’s or renter’s insurance. We have worked with the largest insurer in Florida and know how they analyze a case, including our clients’ damages.
• Negotiation skills. Obtaining a settlement takes work. Our firm has the legal experience needed to negotiate a fair settlement for your injuries.
• Litigation experience. We always protect our clients’ rights. Although we can usually negotiate a claim outside court, we nonetheless take all steps to protect your ability to hold the defendant liable in court. For example, we can file a lawsuit before the statute of limitations expires.

These are only some of the ways we distinguish ourselves from the competition.

Winter Haven Dog Bites FAQs

    Q. What breeds attack people the most?

There are not many high-quality studies showing which breeds bite the most. One weakness in the studies is that smaller breeds tend not to cause serious injuries when they bite, so hospitals might not record a bite from a chihuahua, for example.

However, one study showed that pit bulls were involved in the most dog attacks: about 22.5% of all bites. Mixed breeds were second (21.2%), and German Shepherds were third (17.8%). When it comes to fatal injuries, pit bulls led the way, accounting for more than a quarter of fatal dog attacks. However, any breed can attack, and even smaller dogs could cause a serious infection if they bite a human.

    Q. Am I required to hire a lawyer to negotiate a dog bite settlement?

Florida doesn’t require you to hire an attorney. But there are definite advantages. A lawyer will be able to gather evidence while you recover from serious injuries. As you recover, we will make a legal claim against the dog owner or another defendant. Call us if you have questions about whether you can afford our legal services. We work on contingency fee arrangements.

    Q. What is the average dog bite settlement in Florida?

One study from the Insurance Information Institute found that homeowner’s insurance companies paid an average of $55,680 in dog bite settlements in Florida. However, you might receive more or less than this amount, depending on your damages.

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.

We can assist anyone who suffered a dog bite in the 33880 zip code.