Dog ownership comes with a substantial responsibility. Not only must dog owners care for the well-being and safety of their pets, but they also have a responsibility for the safety of people who may come in contact with their animals. If you’ve been bitten or otherwise injured by someone else’s dog, you may be entitled to compensation. The Pompano Beach dog bite attorneys at Long, Jean & Weschler, P.A. represent clients on a contingency basis. That means that our clients do not have to pay out of pocket for our professional legal services. We collect our fees when our client receives a settlement or jury award. Call today for a free consultation.
Understanding Dog Bite Compensation
Dog bite cases often result in misdemeanor charges for the dog owners. However, a criminal charge does little to compensate the victim. Long, Jean & Weschler, P.A. represents plaintiffs in civil damage actions. The following are important concepts in dog bite cases.
Four Elements of Liability
For dog bite victims, our team must be able to prove the following:
- Duty of Care – Dog owners have a duty of care to ensure that other people are safe in the presence of their pets.
- Breach of Duty – To successfully pursue damages, your attorney must be able to prove that the owner had a duty of care and that they somehow breached that duty. For instance, allowing a dog to run at large would be a breach of their duty of care since the owner can’t ensure the safety of other parties,
- Causation – This means that the owner’s breach of duty somehow led to the animal attack. For example, if a postal worker enters a fenced property to deliver mail because the owner failed to post “Beware of Dog” signs, it’s reasonable to assume that this caused the bite.
- Damages – All injury accidents have damages. We will explore the types of damages in the next section.
Types of Dog Bite Damages
Florida civil courts recognize both compensatory and non-compensatory damages. We’ll explore each type.
Economic Damages
These are the financial costs of a dog bite. They include medical bills, lost wages, physical therapy, and any other tangible expenses.
Non-Economic Damages
These damages are also referred to as “pain and suffering.” Non-economic damages seek to compensate the victim for their physical pain, emotional anguish, and discomfort. These damages are often the most disputed. An experienced legal team can help you calculate appropriate compensatory damages for your claim.
Punitive Damages
These are non-compensatory damages that are sometimes awarded in dog bite cases where it can be demonstrated that the owner acted with recklessness or malice. For instance, if a dog owner orders a dog to bite or attack a person, the court might award punitive damages. In Florida, punitive damages are capped at $500,000 or three times the amount of compensatory damages, whichever is greater.
Factors Influencing Dog Bite Compensation
There are numerous variables that can affect the outcome of a dog bite case or the amount of damages. We’ll explore some of the more significant factors we see in dog bite claims.
- The severity of the injury – The more damage the dog inflicts, the greater the expected settlement.
- Posted warnings – If the owner of the dog fails to make a good faith effort to warn other parties about the danger of a dog, it can positively affect the plaintiff’s claim.
- Partial negligence – In some cases, the plaintiff is partially responsible for their injuries. For example, the dog bite victim walks up and reaches out to pet the dog without checking with the owner. However, Florida’s comparative negligence laws allow partially responsible plaintiffs to recover partial compensation.
- Bite History – If the dog has a documented history of being aggressive, it can demonstrate that the owner has not addressed their negligence.
- Location – Did the plaintiff have a legal right to be at the location where the dog attack occurred? It’s important to note that not being authorized to be on the dog owner’s property does not necessarily negate a claim.
- Insurance – Most defendants in dog attack claims are covered by insurance. This can be beneficials since insurance companies have the ability to pay claims, but they are also represented by top defense attorneys.
At Long, Jean & Weschler, P.A., our Pompano Beach dog bite attorneys will give you a free, no-obligation case review. If you have a viable case, they will represent you on a contingency basis.
How the Claims Process Works
When you file an insurance claim over a dog bite, the company will create a claim number for your injuries. If you haven’t already spoken to a dog bite lawyer at this point, you will need to seek representation soon.
Within hours of filing a claim, an insurance adjuster will contact you with an offer to settle. This may seem like a comprehensive payment, but it almost always falls far short of a full and fair settlement. If you accept the settlement, you will have to sign a waiver of liability that prevents you from seeking further damages.
If you haven’t filed a claim, your attorney can file one on your behalf. Once you’ve hired a personal injury lawyer, they will become your point of contact for all matters regarding your case.
Calculating Damages
Your attorney will be responsible for calculating all economic and non-economic damages. Economic damages include your doctor bills, lost wages, property damage, prescription medicines, medical equipment, and anything else that has a direct financial cost. They will also examine similar dog bite cases and determine the amount of pain and suffering damages you should be able to collect based on similar settlements.
Demand Letter
Your attorney will present a demand letter to the defendant’s insurance company. In most cases, the demand letter far exceeds the initial settlement offer by the insurance company. Your personal injury lawyer will negotiate with the adjusters and attorneys until they reach a settlement. If they are unable to close the gap between the settlement offer and demand, the case will go to litigation.
Filing Suit
In the state of Florida, a personal injury victim must file with the courts within four years of the date of the accident. If the dog attack resulted in wrongful death, the statute of limitations for filing is two years from the date of the death.
Discovery Evidence
Both sides must share any evidence they discover during their investigation with the other side. For example, if the defendant has CCTV video covering the incident, they must allow your attorney to review it.
Litigation
Few dog bite cases make it to litigation, even if the plaintiff files a lawsuit. While your legal team is getting ready to litigate your case, they are also in negotiations with the other side. In the event your case does go to trial, Long, Jean & Weschler are fierce litigators. Either way, your case is in good hands.
Frequently Asked Questions About Dog Bite Cases
These are some of the questions our attorneys answer for our clients during the initial consultation. If you don’t see your question here, contact our office for a free case review.
What Should I Do Immediately After a Dog Bite?
- Seek medical attention immediately.
- If you are safe to do so, take pictures of the scene, including the dog, the owner, the premises, your injuries, the dog’s restraints, signage, etc.
- File a police report. The owner may have committed a crime in addition to being negligent.
- If the dog owner is on the scene, ask for their contact information, the name and breed of the dog, and proof of vaccination.
- Contact a lawyer. If your bite occurred in Pompano Beach or in the surrounding areas, call Long, Jean & Weschler, P.A. for immediate representation.
How Long do I Have to File a Claim?
In most cases, you have four years from the date of the dog attack to file a claim or bring a lawsuit. However, you should contact an attorney as early as possible. As time goes by, evidence can be lost, witnesses move to other states, and the dog may become unavailable for examination. Don’t delay getting started.
Can I Still Receive Compensation if the Dog Owner is a Friend or Family Member?
Yes. In most cases, their insurance is responsible for your claim. While this may feel awkward, a dog owner friend should not have to pay out of pocket for your expenses.
What if the Dog has No History of Aggression?
All personal injury lawsuits depend upon the totality of circumstances. While a history of aggression could improve your settlement, it is not a required element of the case.
How Long Does the Compensation Process Typically Take?
As a rule, the more severe the injuries are, the longer the case takes. However, there are many other factors that can stretch the timetable of a case. You may be looking at more than a year before you receive compensation. That’s why working with the right attorney is so important. We can provide your doctors with letters of protection (LOP) so you can receive the medical attention you require without having to pay upfront.
Dog Attack Attorneys in Pompano Beach, FL
If you’ve been attacked by a dog, you deserve compensation. Long, Jean & Wechsler, P.A. has an outstanding track record of obtaining full and fair compensation for animal attack victims. Contact us today for a free, no-obligation consultation.
