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A dog bite is not just a nip. This is an incident that can cause serious injuries, ongoing emotional distress, and costly medical bills. Every year, millions of dog bites happen in the U.S. Some of them result in trips to the hospital, long-term injuries, and, sadly, even death.
If you or someone you care about has experienced a dog bite in Charleston, you can take legal action.
At Forbes Law Offices, we’re here to support you through the process and make sure you get the compensation you are entitled to. Find out how our Charleston dog bite lawyer can assist with your potential claim.
If a dog has bitten you, you have a few options. One is to take action and file a personal injury claim. With that, you can recoup some of the losses suffered in the event. But before you do that, there are a few laws that may apply to your case.
According to West Virginia Code 19-20-13, if a dog is allowed to run loose and cause harm, the dog’s owner can be held strictly responsible. This means if a dog bites someone in a public space or outside the owner’s property, the owner is legally required to cover the victim’s injuries and damages.
If the dog was unleashed, the law is on your side.
Along with that, West Virginia follows the “One-Bite Rule.” That means the owner is not automatically responsible unless they knew their dog had a history of aggression or was likely to cause harm.
Proving that the dog was dangerous before the attack can be difficult. That’s where an experienced attorney can make all the difference. They can gather the evidence you need to strengthen your case.
Dog bites can result in substantial medical bills, emotional scars, and long-term physical problems. However, filing a claim can help cover these costs, such as:
The cost of treatment after a dog bite can add up quickly. You could be looking at expensive bills for:
If the injury is severe, you might also need long-term care, and these treatments can be expensive.
That’s why you want to have a Charleston dog bite attorney who can help you get the medical costs covered.
The physical pain from a dog bite is only part of the story. The emotional pain that comes with the trauma can be just as difficult to manage. Pain and suffering compensation can cover:
This kind of compensation is meant to recognize the pain you’ve endured due to the attack.
Dog bites can have a lasting emotional impact, especially for children. PTSD, anxiety, and even depression can result from these traumatic experiences. Compensation for emotional distress can help you get the care you need to heal.
If you’ve had to miss work due to your injuries, that lost income can be recovered. But it doesn’t stop there. If the bite has caused permanent damage that affects your ability to work, you may also be eligible for compensation for lost earning capacity. With that, you’re not financially burdened by someone else’s negligence.
In some cases, the court might award punitive damages. For example, if the owner knew their dog was aggressive but did nothing to prevent harm, they could be penalized with punitive damages.
The specifics of what you can receive will depend on the facts of your case. By working with a dog bite attorney in Charleston, they will help ensure you get everything you deserve.
There are a lot of myths and misconceptions about dog bite cases that can confuse victims and even prevent them from getting the compensation they deserve. Here are a few of the most common myths.
“If the Dog Was Just Protecting Itself, the Owner Isn’t Liable.”
The owner can still be held responsible even if the dog was just trying to defend itself. If the dog was allowed to roam free or wasn’t properly contained, that’s on the owner. In West Virginia, owners are responsible if their dog causes harm while not properly secured.
“Only Dangerous Breeds Bite.”
While some breeds might be more prone to aggression, any dog can bite. Even the friendliest dog can bite if it feels threatened, sick, or scared, according to the American Veterinarian Medical Association. It’s about the dog’s behavior, not just the breed.
“Dog Bite Claims Are Simple to Win.”
Dog bite cases can be complicated. Dog owners or their insurance companies may try to argue that the bite was provoked or that you were trespassing. It’s not always an easy win, so having an experienced Charlestown dog bite lawyer is so important. They’ll fight to make sure your case is handled properly.
Knowing the truth is important so you don’t lose your rights. These myths shouldn’t stop you from seeking justice after an attack. Find out how our Charleston dog bite injury lawyer can help with your claim.
When you’re bitten by a dog, figuring out who’s legally responsible is key to getting the compensation you deserve. Several parties could be liable, depending on the specifics of the attack. Here’s who you might be able to hold responsible:
In most cases, the dog owner is the one who’s held responsible for the bite. They’re required to make sure that their dog is kept safely on their property or under control when in public. If they fail to do so, and their dog causes harm, they can be held liable for any damages.
This includes making sure the dog is trained, secured, and kept from harming others.
Sometimes, the responsibility lies with the property owner where the dog lives. If the owner didn’t secure the dog properly, they could be at fault, especially if the dog escapes and causes harm.
For example, if the fence is broken or the gate is not locked, and the dog gets out and bites someone, the property owner might be held responsible.
In cases where a tenant owns the dog, landlords or property managers could be responsible if they knew the dog was dangerous and did nothing to prevent it. If they allowed the dog to stay on the property even after knowing it posed a threat, they could be held liable for injuries caused by the dog.
If a dog bit you under the care of a dog sitter or walker, that person could be responsible if they did not properly control the dog or if their negligence led to the attack. For example, if a dog walker fails to prevent an aggressive dog from attacking, they may be held accountable.
In rare cases, a business or organization could be responsible if a dog bite occurs on their premises. The business could be liable for the injury if it failed to ensure the safety of others.
Determining the responsible party can be challenging, but that’s where an experienced Charleston, WV dog bite lawyer can provide guidance.
Dog bite cases can become complicated very quickly. You might be hesitant to take legal action, but all owners are responsible for controlling their pets, so they won’t cause harm.
At Forbes Law Offices, we are here to advocate on your behalf. We will work to get the compensation you deserve for your injuries and damages. Contact our office today to set up a free consultation with our Charleston dog bite lawyer.
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