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What To Do After a Dog Bite

Friday, December 3, 2021

What Happens if a Dog Bites Someone?

Dogs provide security, companionship, and unconditional love.  However when a dog rages out of control, dog bite injuries can be serious, permanent and even deadly. There are specific facts and conditions that need to be shown to hold a dog owner liable and you need a dog bite lawyer that knows and understands Texas dog bite laws and what to do after a dog bite.

Traumatic Dog Bite Injury

If you or a loved one suffered a dog bite injury, it can be very confusing and definitely scary. Life changes drastically. You may be out of work while hospital and doctor bills fill your mailbox. You wonder how you are going to pay them. You are in pain and unable to play with your kids, complete your chores around the house, or go out with friends.  There are both physical and psychological scars after a dog bite attack.  Some of the most common injuries associated with animal attacks are as follows:

Compensation After an Animal Attack

When these things happen to you through no fault of your own, you may be overwhelmed by worry and a sense that life just isn’t fair. Victims of serious injuries inflicted by the negligent or intentional acts of others are entitled to full and just financial recovery. But in order to ensure a dog bite victim receives the maximum compensation, steps should be taken immediately after a dog bite injury to deal with a dog bite as quickly and safely as possible.

What to Do After A Dog Bite:

  • Seek medical attention immediately for the injuries and to ensure no rabies shots are needed
  • Get the name and contact information of the dog owner(s)
  • If the bite occurred at a residence or business, get the address and name of the property owners
  • Report your injury to the police and animal control and request a copy of the report
  • Take photographs of your injuries, of the dog and the location where the injury happened
  • Do not accept any settlement or admit fault with the owner’s insurance company
  • Save any clothing damaged by the dog
  • Contact an attorney you can trust 

If you or a loved one have been injured from a dog bite or animal attack, Board Certified Personal Injury Attorney Aaron A. Herbert will explain what to do after a dog bite attack,  fight to protect your legal rights, and seek the compensation you deserve. No fees or expenses unless we win your case, call 24/7 (855) 655-HURT or (214) 200-4878 for a free consultation.

Posted by Aaron Herbert at 8:35 pm

Are All Texas Dog Owners Liable for the Costs of a Bite Injury?

Monday, October 4, 2021

Being attacked by a dog in Texas can cause serious physical injuries, expensive hospital bills, lost wages, property damage, pain and suffering, and other life-changing losses. Determining when the owner of the dog is liable, or financially responsible, for these losses requires taking a look at Texas’ dog bite law.

What Is the One-Bite Rule?

Texas uses what is known as a one-bite rule. This dog bite injury statute states that a pet owner is only liable for the costs of a dog attack if the owner knew or reasonably should have known that the dog was dangerous or aggressive based on a previous incident. In other words, the dog must have bitten someone before. The owner must have also been negligent or careless in preventing the dog bite injury, such as by allowing the dog to run at large. In this way, Texas’ one-bite rule could also be viewed as a negligence rule.

To hold a dog owner liable for the costs of a dog bite injury in Texas, you must have evidence of the following:

  • You were on public property or lawfully on private property at the time of the attack.
  • You did not provoke the dog.
  • The dog was not performing its duties as a law enforcement animal.
  • The owner had reason to know of the dog’s vicious propensities, such as a prior dog bite incident.
  • The owner did not take reasonable steps to prevent a subsequent bite, such as keeping the dog on a leash or muzzled.

In a strict liability dog bite state, on the other hand, all dog owners are liable for the costs of a dog attack, regardless of whether the owner was negligent or the dog had bitten someone previously. Note that Texas’ negligence-based liability law applies to all injuries and losses caused by a dog, not just bites. This can include scratches, diseases, injuries from a dog knocking a victim down and property damage.

 

Texas Dog Owners Liability for a Bite Injury

How Can You Prove a Dog Bite Injury Case?

If you were injured in a dog attack in Texas and wish to obtain financial compensation, the burden of proof rests with you as the filing party (plaintiff). The burden of proof in a dog bite injury case is a preponderance of the evidence, or enough evidence to prove that the elements of your claim are more likely to be true than not true. The evidence available to support a dog bite injury claim may include:

  • Previous bites or attacks connected to the dog reported to animal control.
  • Existing lawsuits involving the dog filed against the pet owner.
  • Other insurance company payouts connected to the dog.
  • Witness statements from friends, family members and neighbors.
  • Statements from eyewitnesses who saw the attack take place.
  • Photographs or surveillance footage of the dog bite injury.

You or your lawyer will need to provide clear and convincing evidence to an insurance company, judge or jury that proves that the pet owner is liable for your losses. Your evidence must show that the dog had already bitten someone in the past and that the pet owner, knowing this, reasonably should have done more to prevent the bite injury. With enough evidence, you could receive financial compensation for your present and future related costs.

When Do You Need an Attorney?

There are several defenses that a dog owner in Texas could use to argue against liability for a dog bite injury. For example, a pet owner could claim that you were trespassing at the time of the attack. Hiring a premises liability attorney in Dallas to represent you during a dog bite injury case can improve your chances of obtaining full and fair financial compensation from the pet owner. An attorney can investigate the dog bite injury, collect evidence against the pet owner and help you negotiate for maximum financial compensation for your losses.

Posted by Legal Team at 9:28 am

Can Breed Affect the Outcome of a Dog Bite Case?

Sunday, October 3, 2021

If you get injured in a dog attack in Texas, there are many legal hoops you must jump through to obtain financial compensation for your injuries. The breed of the dog, however, is not something that the Texas courts take into consideration when determining financial responsibility (liability) for a dog bite injury. Every dog bite case is treated the same, regardless of the breed of the dog involved. The breed may play a role in proving negligence, however, as well as the amount of financial compensation awarded to the victim.

Dog Breed Doesn’t Matter With the One-Bite Rule

In general, Texas’ dog bite law does not involve the specific breed of the dog. Texas uses a one-bite rule, also known as a negligence rule, to determine liability for a dog bite injury, regardless of the breed. A one-bite rule means that an injured victim must prove the pet owner knew or reasonably should have known that the dog was violent, yet did nothing to stop an attack. In other words, that the dog had bitten someone previously or showed other signs of aggression, but that the pet owner did not properly control the dog.

 

Breed Affect the Outcome of a Dog Bite Case

Does Texas or Dallas Have Breed-Specific Restrictions?

Dog breed might be relevant, however, to establish that the pet owner was negligent in failing to prevent the attack. If a pet owner was violating a state or municipal law against owning a specific breed of dog, for example, this could be evidence of the pet owner’s negligence. Simply by owning an illegal breed, the pet owner could be accepting liability for any related incidents or injuries. However, Texas has a statewide law that does not permit counties or municipalities to create restrictions against specific breeds (Texas Health and Safety Code Section 822.047).

Was the Pet Owner Breaking a Leasing Agreement?

Dog breed might also matter in terms of whether the pet owner was breaking a leasing agreement by keeping the pet in a rented home or apartment. If so, this could be used as proof of the pet owner’s negligence. If the landlord knew that a tenant was violating a leasing agreement with a specific breed of dog, yet did nothing to remove the threat, the landlord could also bear liability for a related dog bite injury.

What Is a “Dangerous Dog?”

If a dog is assigned the classification of being dangerous in Texas, the owner of the dog will have additional responsibilities in terms of preventing an attack. A “dangerous dog,” according to Section 822.041 of the law, is one involved in an unprovoked attack that injures a human (or puts the person in reasonable fear of being injured) while the dog is in a place other than its enclosure.

In Texas, anyone who owns a dangerous dog must register the dog with the Animal Control Center, keep the dog on a leash or enclosure at all times, obtain special liability insurance coverage for the dog, and comply with other municipal laws regarding dangerous dogs. If the owner of a dangerous dog falls short of these responsibilities, this could be proof of negligence.

Different Dog Breeds and Injury Severity

Finally, the breed of the dog may affect the outcome of a dog bite case in the sense that certain breeds can cause more severe physical injuries when they attack. According to dog bite injury statistics, most fatal injuries are caused by pit bulls, American bulldogs, German Shepherds and mastiffs.

Although smaller dogs may bite more frequently, the related injuries are generally not as severe as when larger dogs attack. The gravity of the victim’s dog bite injuries can affect how much the case is worth, as worse injuries create more expensive medical bills and greater pain and suffering. If you or a loved one was recently injured in a dog attack in Texas, contact an attorney for legal assistance with your specific case.

Posted by Legal Team at 7:20 am

Can a Landlord Be Held Liable for a Dog Bite in Texas?

Saturday, October 2, 2021

Texas is one of the top states in the country in terms of the number of dog bite injuries and deaths each year. When a dog attacks and injures someone in Texas, it is possible for a landlord to be held liable, or legally and financially responsible, in certain circumstances. This can lead to greater financial compensation for the injured victim, as the landlord will have to pay for the victim’s medical bills and other related losses.

What Is Texas’ Dog Bite Law?

Texas uses a one-bite rule when it comes to liability for dog bite injuries. This rule relies on the legal theory of negligence. It states that a pet owner will only be held responsible for a dog bite injury if the dog had previously bitten someone or shown other signs of aggression, and if the owner failed to prevent a second or subsequent bite. If Texas used a strict liability dog bite law, on the other hand, a pet owner would always be liable for a dog bite injury, without regard to whether the owner knew of the dog’s propensity for viciousness.

Under Texas’ dog bite law, there must be proof that the owner or controller of the dog knew or reasonably should have known that the dog had acted aggressively or bitten someone previously and that the individual failed to take reasonable steps to prevent the subsequent attack. The same legal theory applies if the injured victim wishes to pursue a claim against a third party, such as a landlord. It is the victim’s responsibility to prove the defendant was negligent and that this caused or contributed to the dog attack.

 

Landlord Be Held Liable for a Dog Bite in Texas

Landlord Liability for a Dog Bite

Landlords have a certain responsibility to keep the properties that they own and manage reasonably safe for renters and visitors. If a dog attack in Texas takes place while on rented or leased property, the landlord may be held accountable. While a landlord might not be responsible for incidents that take place inside apartments, they are responsible for all common areas on the premises, such as hallways and lobbies.

It is possible to make a claim against a landlord for a dog bite injury that takes place in a common area if there is evidence that the landlord knew or reasonably should have known that a violent or dangerous dog was staying on the property. If the landlord knew about the aggressive dog but did nothing to remove the threat of harm, such as evicting the tenant for breaking the building’s pet rules, the landlord or owner of the building could be held responsible for an attack.

In addition, a landlord may be held responsible for a dog bite injury that occurs as a result of the landlord’s failure to maintain a safe premises. If the landlord should have repaired a hole in a fence before a dog escaped and attacked someone, for example, the landlord could bear responsibility for failing to prevent a foreseeable injury. If the landlord did his or her part to prevent a dog attack, however, and it was the pet owner that didn’t follow the rules, the owner might be liable instead.

When to Contact a Dallas Dog Bite Injury Attorney

Holding a landlord or property owner responsible for a dog bite injury in Texas could result in greater financial compensation for your medical bills and other related losses. If the pet owner does not have enough insurance to cover your costs, for example, the landlord or property management company might have greater coverage available. It is up to you as the injured victim, however, to prove that the landlord was negligent. A premises liability attorney in Dallas can help you with this burden of proof.

An attorney can thoroughly investigate your dog bite incident to search for signs of negligence by the pet owner, landlord, property owner or any other parties involved. Then, your attorney can present evidence of negligence to an insurance company and negotiate for fair financial compensation for your losses on your behalf. If you get bitten by a dog at someone’s rental home or apartment in Texas, contact an attorney to discuss the possibility of landlord liability.

Posted by Legal Team at 6:58 am

Texas Dog Bite Laws 2020

Monday, September 21, 2020

Dog attacks can happen when you least expect it, such as while visiting a relative or walking down a neighborhood street. They can cause significant injuries, including lacerations, puncture wounds, degloving, face and neck injuries, permanent scarring or disfigurement, and wrongful death. A dog attack can also cause emotional injuries. If a dog bites you or a loved one, learn Texas’ dog bite laws to understand your rights against the pet owner.

Texas Dog Bite Statistics

Texas has fatalities from dog attacks every year. Most deaths involve infants, toddlers and the elderly – the most vulnerable populations in dog attacks. Texas is often at the top of the list in the number of dog bite deaths in the country. One report spanning eight years found 34 deaths related to dog attacks in Texas. This was more than in any other state for the same years.

The breed most often involved in fatal dog bite incidents is the pit bull. Pit bulls were responsible for 26 of the deaths in the study (76%), followed by Rottweilers with 5 deaths (15%). Most of the deceased (68%) were children under the age of 12. More than half (52%) were 2 years old or younger. Family dogs accounted for 53% of fatal attacks. The counties with the most fatal attacks in Texas were Harris, Bexar and Montgomery.

Texas has many municipal laws in place controlling the ownership of dogs, but the state itself has a law in place that prohibits the passing of breed-specific regulations. Cities such as Fort Worth, San Antonio and Garland have worked around the restriction to implement laws targeted at preventing new fatal attacks and holding liable dog owners accountable. Texas also has laws restricting the ownership of dangerous dogs. An owner will need to take additional measures to secure a dangerous dog in Texas.

Who Is Liable for a Dog Bite in Texas?

Texas has an overarching one-bite law. This law can make it difficult to hold pet owners responsible for attacks. It requires the victim to prove the dog has bitten another person in the past or the owner had reason to know of the dog’s vicious propensities. Otherwise, the victim may not have a case against the owner for damages. In random attacks or as the pet’s first victim, you might not have a case.

It may also be possible, however, to file a claim against the dog owner on the grounds of negligence. If a pet owner failed to keep a dangerous dog inside the house, for example, and it attacked you in the street, you may have grounds against the owner for negligence. Other parties, such as household members, landowners or trainers, could also be liable. A negligence-based dog bite claim requires proof of the defendant’s lack of ordinary care in preventing the attack.

What to Do After a Dog Bite Incident 

Holding a pet owner or someone else liable for your dog bite injury will take a preponderance of the evidence: enough evidence to establish the defendant is more likely than not responsible for your injuries. Start gathering evidence for your case right away. Take pictures of the dog, your injuries and the scene where the attack occurred. If you notice anything important, such as no leash or a broken fence, take photos of it as well. Go to the hospital for dog bite injury treatment and keep copies of your medical records.

Contact the homeowners insurance company of the pet owner to file a damage claim. If you have serious injuries or the insurance company is making it difficult to settle your claim for a reasonable amount, work with an attorney for assistance bringing your case. A dog bite injury lawyer in Texas can help you explore your options and protect your legal rights. A lawyer can make it easier to hold a pet owner accountable for a dog attack in Texas.

Posted by admin at 9:33 pm

What are Common Problems Survivors of Catastrophic Accidents Experience?

Wednesday, June 1, 2016

Negligence is a common factor that contributes to catastrophic accidents – whether a person drove while using a cell phone, drank on the job, or failed to maintain his or her property. When this happens, the party who caused the damage can be taken to court and sued for outstanding expenses. However, Texas law also accounts for extenuating circumstances, such as loss of companionship or the inability to continue pursuing a career.

The following is a brief overview of the common problems survivors of catastrophic accidents face. If you have more questions or concerns about an injury you have received, contact an experienced legal professional in your area for more information.

  • Long-term physical damage. Catastrophic accidents often lead to paralysis, loss of limbs, severe brain damage, and other complications. For example, internal injuries may require special equipment to keep a person alive or functioning.
  • Long-term recovery. Coupled with physical damage, these victims often must relearn motor skills, such as walking, balancing, or speaking. Additional equipment, such as walking apparatuses or speech assistance devices, is often required.
  • Ongoing medical bills. The initial emergency room bill and related surgeries are likely the steepest charges victims ever face. Sadly, that is just the beginning. Continuing doctor’s visits, physical therapists, and live-in care commonly follow catastrophic accidents – and these are not one-time payments.
  • Loss of consortium. The physical consequences of these actions are apparent, but they affect more than just the victim. A settlement should account for losing the intimate relationship you enjoyed with a spouse or the ability to interact with your child.
  • The inability to return to work. Devastating accidents often keep a person from returning to his or her line of work or pursuing a career goal. Athletes, for example, may never play sports professionally again. Courts account for these types of long-term damages, and it is important to work with an experienced attorney to ensure these areas are considered.
  • Home modifications. Hand controls, bathroom modifications, ramps, machines to facilitate access to a bed, and vehicle modifications may be required to return at least some independence to these victims’ lives.
  • Emotional and psychological consequences. Post-traumatic stress disorder is a frequent result of a debilitating accident. Depression, suicidal thoughts, and other mental and emotional consequences may accompany a catastrophe.

The Common Causes of Catastrophic Accidents

A person may encounter a variety of accidents, but most will not warrant a consultation with a lawyer. However, if you or a loved one is hurt in one of the following types of accidents, it is important to seek medical attention and schedule a consultation with a local law firm.

  • Trucking accidents. The trucking industry is tightly regulated, but thousands of fatal accidents still occur on our highways every year. Teamsters and the companies that employ them must diligently track their working hours, truck maintenance, miles traveled, and more. Overlooking or ignoring these details can lead to major damages.
  • Driving under the influence of drugs or alcohol is markedly dangerous. If you are involved with a drunk-driver collision, seek physical and legal help as soon as possible.
  • Workplace accidents. Many workers’ compensation claims are for minor aches and pains, but professional accidents can also be fatal. This is especially true for those in the construction, oil, and logging industries.

Partner with the Right Attorney in Texas to Protect Your Long-Term Care

Catastrophic cases are legally complex by their nature. Several negligent parties may be responsible, from a shift manager to his or her employer, a product manufacturer, or the distributer. This is further complicated when several insurers enter the mix. Victims of major accidents are routinely offered settlements, but failing to scrutinize the terms of these agreements can leave victims with expensive bills that accrue over their lifetime – which the person or organization responsible for the damages does not pay.

Work with a Dallas, Texas, attorney specializing in personal injury law for more information. The team at Aaron Herbert is ready to represent your claim, so contact us for a consultation. We get to the bottom of who is at fault for harming our clients, and we tirelessly explore the full extent of how catastrophic accidents affect these victims over the course of their lives.

Posted by admin at 10:50 pm

What Happens When Someone Negligently Injures or Kills Your Pet

Wednesday, January 27, 2016

For many Americans, pets are more than animals. They are loved companions who become part of the family, and losing one is often just as difficult as losing a human loved one. If your pet has been injured or killed due to someone’s negligence, here’s what you need to know.

Laws Vary by State and County

Pet legislation is complex because there are no widely accepted rules or regulations regarding pet injury or death. States each have their own laws and precedents, and some counties have their own ordinances. Most laws specifically discuss dog bites and animal cruelty, but few outline clear remedies available to pet owners who suffer a loss.

Generally, a pet owner can obtain financial compensation in a few different ways:

  • Animal cruelty – If someone was cruel to your pet, you can file a criminal charge against the individual. As part of the sentencing, the court may require the defendant to financially compensate the pet owner.
  • Civil actions – You can file a civil claim for personal injury if someone’s negligence caused your pet’s injury or death. Individuals may sue for medical expenses and pain and suffering.
  • Small claims actions – Small claims courts allow anyone to file an inexpensive lawsuit in negligence cases. If an attorney does not believe that a civil action would produce adequate financial compensation, he or she may recommend filing a small claims lawsuit.

A pet owner can file criminal charges and a civil action against an individual concurrently.

Potential for Recovery After a Pet Injury or Death

Even though you see your pet as a family member, the courts may not see the relationship in the same way. Pet owners almost never secure as much compensation as the courts award in human injury cases. However, some cases may go above and beyond normal circumstances. Only a personal injury attorney who is familiar with pet laws in your jurisdiction can help you determine what legal action to take.

The court may award a pet owner punitive damages in cases where defendant behavior was excessively negligent. Historically, some courts have also taken pet uniqueness and irreplaceability into account during damages proceedings. In addition to economic damages, these courts may award non-economic damages up to several thousand dollars.

Animal Cruelty Laws in Texas

In Texas, state criminal and civil laws exist to protect domesticated animals and previously captured wild animals. Domesticated pets fall into this category, but the law may not protect a stray animal, even if you took regular care of the animal. Under criminal statutes, you must prove that someone intentionally harmed the animal. Animal cruelty includes acts of torture, unreasonable confinement, purposefully killing or poisoning, neglect, and knowingly injuring an animal that belongs to someone else.

Under state civil laws, pet owners may find a better opportunity for legal recourse. The laws protect all living creatures, wild and domestic. Cruelty under civil law includes acts of torture, overworking, food/water/shelter/care deprivation, confinement, and forced animal fighting.

Proving a Claim

Each court must interpret these laws in light of the facts of the case to make a just ruling. To prove a criminal charge or civil claim, the prosecution/plaintiff must provide evidence of intention and/or negligence. In civil claims, a pet owner must also demonstrate the level of harm a pet injury or death causes.

To develop a fair case for damages, a pet owner and his or her attorney may need to determine the market value of the animal as well as the value of the pet as a companion. A pet’s personality, training, breed, health, and veterinary costs may all play a role in the total amount of compensation a pet owner requests.

For more information about pet injury laws in Dallas, contact the Law Firm of Aaron A. Herbert, P.C.

Posted by admin at 11:51 pm

How People Fake Accidents: Common Schemes and Repercussions

Friday, December 18, 2015

Some people will do anything to get some extra cash in their pockets, even if they have to cheat to do it. Fake accidents aren’t just morally reprehensible and unethical; they’re illegal. When people fake accidents, they take time, money, and support from people who truly suffer due to legitimate accidents. From staged car accidents to slip and fall injuries, here are some of the most common schemes and the consequences perpetrators face if caught.

Staged Car Accidents

Some people purposefully brake erratically in front of a vehicle to encourage a rear end collision. Others plan more elaborate accidents to target unsuspecting and innocent victims. Many staged accidents feature injuries an x-ray or medical evaluation can’t confirm or deny, such as chronic or severe pain. They have lots of witnesses around to support their claims, and if no video surveillance caught the scene on camera, they may have a good shot at getting away with the “accident.”

Fake Work Incidents

Not every employer in Texas has to carry workers’ compensation insurance, but those who do may find themselves vulnerable to injury schemes. Workers who’ve suffered an injury elsewhere may hide the injury and then stage an incident at work to get the insurance money. Others may exaggerate the effects of an incident or make up injuries a medical practitioner can’t disprove. Some will start the scam after a legitimate accident, pretending to have a disability to earn more time off.

Provoked Dog Bite Accidents

While the media plays up the danger of certain breeds, any dog will bite and cause damage if provoked. Some people may torment a canine to the point of an attack and then try to hold the owner accountable. If an individual knows a pooch has bitten or shown documented aggressive behavior in the past, he or she can easily bypass the one bite rule and take the owner to court. The dog will likely be put down in the process.

Slip and Fall Accidents

Anytime you’re on someone else’s property as a guest or customer, the owner is reasonably obligated to provide a safe environment. Some individuals try to take advantage of noticeable shortcomings at an establishment or create unsafe conditions. If there aren’t any cameras and the perpetrators make it look like something the owner should have known about, insurance will likely have to cover the damages or alleged injuries.

Repercussions for Accident Fraud

Accident fraud, also known as insurance fraud, sometimes goes unpunished, and the people who pay for insurance are the ones who lose. However, if the insurance company or the alleged defendant (person who “caused” the accident) can prove the perpetrator lied or staged an accident, he or she may face fines, prison time, and a permanent criminal record. It also hurts people legitimately seeking reparation by forcing insurance companies to pursue extensive investigation in every claim that has suspicious characteristics, such as a vague incident description, symptoms like chronic pain, or exaggerated claims.

Furthermore, the people who were essentially framed for the accident may have to face lingering repercussions in their businesses or when paying for any damage done to their properties during the process. Some people targeted in fake accident schemes choose to take legal action against the perpetrators in the form of an injury claim to cover the costs of injuries and property damage they had to shoulder as a result of the scheme.

Contact

If one of these schemes has affected you, you can hold the perpetrator accountable. Contact our Dallas personal injury lawyers today to learn more, and we can walk you through your legal options in light of a fake accident assertion.

Posted by admin at 11:22 pm

Dog Bite Attorney Dallas Dog Bite Lawyer

Friday, October 30, 2015

Dog Bite Attorney Dallas Dog Bite Lawyer

Owners of dogs have a duty to ensure that their animal does not harm people.  Unfortunately, some dog owners fail to take the steps necessary to train their dog. Even worse, some dog owners know their dog has a propensity for violence, but take no steps to properly restrain the dog.  Although anyone can be at risk for a dog bite attack, the majority of dog bite victims are children.

Board Certified Personal Injury attorney Aaron A. Herbert has successfully handled cases protecting the rights of innocent victims of vicious dog bite attacks. If you or your loved one has been injured by a dog, Contact Us for a free consultation.

Common Injuries Resulting from Severe Animal Attacks: Some of the most common injuries associated with animal attacks are as follows:

Compensation Available for Victims:  Victims of serious injuries inflicted by the negligent or intentional acts of others are entitled to full and just financial recovery. The settlement amount in a personal injury case including dog bite claims is based on several factors including

  • The severity of the injuries suffered.
  • The permanence of injuries – requiring future medical costs, rehabilitation expenses and revision surgeries for permanent scarring and disfigurement.
  • Level of pain and suffering – in the state of Texas victims injury are entitled to compensation for the emotional trauma suffered as a result of their injuries.
  • Lost time at work – resulting in lost wages and or loss of future income due to permanent injuries or disabilities
  • Punitive damage – Punitive damages can be awarded in instances where the individual responsible for the K9 acted with either an intent to cause harm to acts in reckless disregard for the health and safety to others.

DOG BITE LIABILITY – HOMEOWNERS POLICY:

According to recent reports dog bites account for one on three claims filed against homeowners insurances amounting to over $500 million in compensation paid by insurance companies to victims. As a result of mounting claims many insurances carriers have created carve out exceptions for specific breeds; in particular those with a high propensity of attacking individuals. Examples of breed specific carve outs include Pit-bulls, Rottweilers, and Doberman. In some instances insurance companies have been known to create carve out expectations for all breeds. Despite the recent trend to carve out such claims the vast majority of homeowners insurance policies still cover dog bite claims against innocent homeowners.

STATUTE OF LIMITATIONS FOR FILING CIVIL INJURY LAWSUIT IN THE STATE OF TEXAS:

Generally victims if serious injuries including dog bites have two years from the date of the injury to file a claim in Texas. Minors, individuals under the age of 18 have two years from the date of their 18th birthday to file a personal injury claim. Failure to file a claim in a timely manner may extinguish a victims right to compensation under the law.

If you or a loved one has been involved in a dog attack in Dallas or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. Attorney Aaron A. Herbert has helped dog bite victims hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in an animal attack. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.

Posted by Aaron Herbert at 1:33 am