The first 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 are not able to identify it, you’re facing the potential of having to undergo treatment for rabies, which can be painful.
Also, if you were attacked by a dog or any wild animal being kept by someone, you most likely are entitled to receive compensation via the dog’s owner, and you also may possibly really need that compensation to pay your medical bills, reimburse you for lost revenue, cover plastic surgery at some point, as well as make it easier to rise above the discomfort and being affected by your injuries.
After that, get medical help. You will be in good company, because 1,000 Americans show up in emergency rooms every day of the entire year because of animal attacks alone! If you are harmed around the face, insist on treatment by a cosmetic surgeon because emergency room doctors are amazing at keeping individuals alive but not always one of the best at making stitches and wounds look nice.
After that, make sure to keep to the directions from the doctor and take all the prescribed medicines which are prescribed (with the exception of the painkillers, which usually are at your discretion).
You may additionally be ordered to stay out of the sun, use sunscreen, use scar tissue reduction lotion, change bandages, go in for follow up treatment, go in for removing stitches, massage the healing areas, etc. If so, do it!
The verdict as to whether you will need rabies shots needs to be left to your doctor. Shots are not always needed, because rabies may not be in your geographic location. Do not be alarmed if your doctor tells you that you do not need to have this uncomfortable treatment.
If the dog owner is covered by insurance, you may 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:
Ways to protect your legal rights
A dog attack victim needs to do the following things to preserve his or her rights:
You should also revisit the scene of the accident several times at the same time when the accident occurred, because individuals may have a habit of going to the same spots as section of their daily schedule.
As noticeable as the specifics and wounds may be to you, they will not be apparent to an insurance adjuster sitting at a desk in an office building a couple weeks or months after the attack.
On top of that, physicians are more interested in healing you than proving the type and severity of your injuries to an insurance carrier, so the proper paperwork must be asked for from them at the proper times.
Your lawyer will obtain the necessary evidence and keep track of your medical treatment, so the insurance adjuster will comprehend exactly what happened, and will give you an acceptable amount of money, when possible.
Because “dog court” procedures may unintentionally compromise the victim’s rights, she should never talk to animal control authorities until her attorney reviews the city and county ordinances, gains the department’s commitment as to which laws and steps they will be following, and is happy that the problems addressed below will be solved fairly.
If the victim gets a subpoena, her testimony is essential, making it even more critical to promptly seek the advice of with an attorney — because a subpoena must be obeyed, to its letter.
The victim should in no way do the following:
However, sign absolutely nothing presented by any insurance company, the owner of the dog, or the landlord or other owner of the property where the attack occurred. Do not write to, or make a report for, any insurance company, dog owner, or property manager or other property owner.
The dog attack victim’s right to a lawyer
A dog bite victim may incur numerous distinct kinds of injuries and losses, from medical payments and psychological harm, to loss of the possibility to gain income in the future because of disfigurement.
A victim may be entitled to get back these losses from another person and that person’s insurance company, given that the victim provides the required evidence, first to the insurance company and then possibly in a court of law.
There are two sets of laws the victim must follow, namely those spelling out who is responsible for the injuries and losses, and those imposing tough guidelines of facts and process to create that liability.
Parents have particular criteria whenever their children are harmed.
A hurt individual and his or her family are not emotionally able of vigorously enforcing their privileges. The biggest task they confront is ensuring the victim heals. In death cases, the family members grieve; it doesn’t gather evidence and put together legal briefs.
In cases short of death, the victim and his or her family have to be optimistic, so the tendency is to minimize the hurting, even ignore it whenever possible.
Nevertheless, it is there, and it may stay there for quite a while — permanently, if wounds turn into ugly scars. Therefore, a vigorous advocate is a necessity.
An attorney with expertise in representing persons with these injuries brings value to your lawsuit. He or she has examined the results of dog bite injuries, how to collect the facts crucial to completely prove not only what took place in the past but also what the future effects will be, the strategies and processes of insurance providers when dealing with critical cases like these, and how to effectively review these situations to ensure that the victims receive exactly what they deserve.
A lawyer with expertise has the ability to objectively look at both the strengths and the weaknesses of a lawsuit.
Furthermore, an attorney is the only person who can turn a claim into a lawsuit if you are not being cared for fairly. Without the presence of threat of a lawsuit, you’re at the mercy of the insurance company.
Furthermore, the methods normally followed by animal control departments in “dog court” hearings could accidentally compromise the victim’s rights.
A victim and her family members consequently must not start conversations with animal control authorities until her lawyer reviews the city and county ordinances, gains the department’s dedication as to which laws and techniques they will be following, and is pleased that the issues dealt with in other places in Dog Bite Law will be solved fairly.
The risks of not retaining a lawyer
If you are working with the insurance company 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 comparable injuries have retained lawyers to present their lawsuits to that same insurance carrier.
One factor that all those individuals have in common is a frame of mind of significance about what happened to them and a driving need to be sure they are treated fairly.
The insurance firm pays the proper amount to the individuals, but not the people who don’t take the first step of protecting their legal rights by keeping a lawyer.
The person at the insurance firm that you are dealing with (called the “adjuster”) might well appear genuine and sympathetic — a very, excellent individual, a nurturing person.
However, he or she has to report to other people you will never talk to: a supervisor, a lawsuits examiner, a regional supervisor, and eventually the corporate office. The adjuster is paid an income and has a family.
He or she wants to carry on working for that business, and perhaps get a raise and a promotion. None of that will be risked for you.
Even if the adjuster wants to help you, because of some connection that you believe has developed between the two of you, you will not necessarily be cared for fairly by the supervisor, claims examiner, regional manager, and corporate office. These people don’t know you. To them, you are nothing but an individual without a lawyer.
You aren’t working with the adjuster, you are dealing with a faceless company, and to that company you are nothing but a file, a liability, somebody who wants money that normally would be dispersed to the investors as profit.
If you don’t retain an attorney, you are on your own, against all 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 usually are comparatively small, when compared to the amount of money that will be attained. In a normal lawsuit, they might come to between $1000 and $2000.
However, cases which are being arranged for trial end up being very expensive — tens of thousands of dollars. Fortunately only 2% of lawsuits actually go to trial, so there is no sizeable chance of the expenses “eating up” the recovery.
It should be noted that the contingency fee system is distinctively American and that it has been under attack in recent years. Because it enables normal residents to obtain legal help, the corporate world — insurance providers and other industries — may be attempting to pass laws to abolish or cripple it.
These laws take several distinct forms, such as an arbitrary limit on the amount that a victim’s lawyer may charge.
Note that only the victim’s attorney will be subject to any constraint, while the insurance industry’s lawyers would carry on to not just charge their usual hourly rates but also rely upon the vast monetary coffers of their successful clients.
The tort program is available for the benefit of common people as opposed to the interests of the business world, and therefore the program and its key players (the victims and their lawyers) continually undergo attacks and continually need to fight for their rights.