What to do after a Santa Fe Springs Dog Attack
The initial things to do after being attacked
It is very important identify the animal that bit you, mainly because if it is a stray and you cannot identify it, you’re dealing with the possibility of having to submit to treatment for rabies, which can be painful.
Also, if you were attacked by a dog or any wild animal being kept by a person, you most likely are eligible to receive compensation from the animal’s owner, and you also may possibly genuinely need that compensation to cover your medical debts, reimburse you for lost income, cover plastic surgery in the future, and help you rise above the discomfort and suffering from your injuries.
After that, get medical assistance. You are going to be in very good company, because 1,000 Americans show up in emergency rooms each day of the year because of dog attacks alone! Should you be wounded around the face, demand treatment by a plastic surgeon because emergency room physicians are fantastic at keeping men and women alive but not always the best at making stitches and wounds look good.
After that, be sure to stick to the directions from the physician and take all the medications that are prescribed (except for the painkillers, which usually are at your discretion).
You may also be directed to remain out of the sunlight, use sun block, use scar tissue reduction cream, change bandages, go in for follow up treatment, report for removing stitches, massage the recovering locations, etc. If so, do it!
The decision as to whether or not you need rabies shots must be left to your physician. Shots are not always required, because rabies may not be in your geographic area. Don’t be alarmed if your physician tells you that you do not need this unpleasant treatment.
If the dog owner is covered by insurance, you might get a call from an insurance carrier representative. You should question him or her for the subsequent information:
Do not do any of the following:
Measures to protect your legal rights
A dog attack victim needs to do the following things to protect his or her legal rights:
You should also revisit the scene of the accident a couple of times at the same time when the incident occurred, because individuals may have a habit of coming to the same spots as section of their daily routine.
As apparent as the details and wounds may be to you, they will not likely be noticeable to an insurance adjuster sitting at a desk in an office building a few weeks or months following your attack.
Furthermore, physicians are more interested in healing you than proving the nature and degree of your injuries to an insurance carrier, so the proper documentation needs to be requested from them at the suitable times.
Your lawyer will obtain the essential facts and keep track of your medical treatment, so the insurance adjuster will fully grasp exactly what happened, and will give you a sufficient amount of money, when possible.
Because “dog court” procedures may inadvertently compromise the victim’s legal rights, she should not speak with animal control authorities until her attorney reviews the city and county ordinances, obtains the department’s commitment as to which laws and methods they will be following, and is fulfilled that the problems addressed below will be solved fairly.
If the victim receives a subpoena, her testimony is required, making it even more crucial to instantly consult with a lawyer — because a subpoena must be followed, to its letter.
The victim must in no way do the following:
Do not write to, or make a report for, any insurance company, dog owner, or landlord or other property owner.
The dog bite victim’s right to a lawyer
A dog bite victim may incur many different kinds of injuries and losses, from medical costs and mental damage, to loss of the prospect to generate income in the future because of disfigurement.
A victim may be eligible to recover these losses from someone else and that individual’s insurance company, provided that the victim presents the essential evidence, first to the insurance company and then perhaps in a court of law.
There are two sets of laws the victim must abide by, specifically those spelling out who is at fault for the injuries and losses, and those imposing tough guidelines of evidence and process to establish that liability.
Parents have particular factors if their children are wounded.
An injured individual and his or her family are not emotionally able of intensely enforcing their rights. The biggest task they encounter is making sure the victim heals.
In death cases, the relatives grieve; it does not assemble evidence and put together legal briefs. In cases short of death, the victim and his or her family must be upbeat, so the tendency is to lessen the suffering, even ignore it as much as possible.
Nevertheless, it is there, and it may be there for quite a long time — for good, if wounds turn into ugly scars. Therefore, a vigorous advocate is a necessity.
A lawyer with expertise in defending individuals with these injuries brings value to your claim. He or she has researched the outcomes of dog attack injuries, how to gather the evidence crucial to completely prove not only what took place in the past but also what the long term outcomes will be, the methods and steps of insurance agencies when dealing with considerable cases like these, and how to effectively review these instances to ensure that the victims receive exactly what they deserve.
A lawyer with expertise has the talent to objectively assess both the strengths and the weaknesses of a lawsuit.
Furthermore, a lawyer is the only person that can turn a claim into a lawsuit if you are not being taken care of fairly. Without the threat of a lawsuit, you are at the mercy of the insurance provider.
Furthermore, the treatments often followed by animal control departments in “dog court” proceedings could accidentally endanger the victim’s rights.
A victim and her loved ones therefore should not talk with animal control authorities until her lawyer reviews the city and county ordinances, gains the department’s determination as to which laws and steps they will be following, and is satisfied that the challenges addressed somewhere else in Dog Bite Law will be managed fairly.
The risks of not retaining an attorney
If you are working with the insurance firm without a lawyer, then, as seriously as you are taking your injuries, the insurance company isn’t — there is no doubt of that.
Others with similar injuries have retained attorneys to present their lawsuits to that same insurance carrier.
One factor that all those individuals have in common is a frame of mind of importance about what happened to them and a driving desire to be sure they are treated fairly.
The insurance company will pay the right amount to those people, but not people who don’t take the first step of safeguarding their privileges by retaining an attorney.
The person at the insurance firm that you are dealing with (called the “adjuster”) may look truthful and sympathetic — a very, excellent individual, a nurturing person.
However, he or she has to report to other people you will not talk to: a supervisor, a claims examiner, a local supervisor, and eventually the corporate office.
The adjuster is paid an income and has a family. He or she wants to precede working for that business, and perhaps get a raise and a promotion. None of that will be risked for you.
Even if the adjuster wishes to aid you, because of some relationship which you believe has developed among the both of you, you will not necessarily be handled fairly by the supervisor, claims examiner, regional manager, and corporate office. They are not familiar with you. To them, you’re nothing at all but a person with no a lawyer.
You aren’t working with the adjuster, you are dealing with a faceless company, and to that firm you are nothing but a file, a liability, someone who needs money which normally might be distributed to the investors as profit.
If you don’t retain a lawyer, you’re on your own, against all those people at the insurance company, and all of its lawyers. When was the last time that you heard a happy ending to that story?
The costs of creating a lawsuit are often rather small, compared to the amount of money that will be acquired. In an average lawsuit, they may come to between $1000 and $2000. However, cases which are being arranged for trial become very expensive — tens of thousands of dollars.
Fortunately only 2% of claims actually go to trial, so there is no substantial threat of the costs “consuming up” the recovery.
It should be noted that the contingency fee system is exclusively American and that it has been under attack in recent years.
Because it enables ordinary people to acquire legal help, the corporate world — insurance companies and other industries — have been seeking to pass laws to abolish or cripple it.
These laws take many various forms, such as an arbitrary limit on the quantity that a victim’s attorney may charge.
Note that only the victim’s attorney will be subject to any restriction, while the insurance industry’s lawyers would continue to not only charge their usual hourly rates but also rely upon the huge monetary coffers of their wealthy clients.
The tort program is available for the advantage of ordinary people rather than the interests of the business world, and therefore the system and its key players (the victims and their attorneys) constantly undergo attacks and constantly must fight for their rights.