Physical & Mental Trauma
A pet owner is responsible for controlling their dogs and animals, but that doesn’t always happen. Unfortunately, about 4.5 million people in the U.S. are bitten by dogs each year, and victims can face severe physical pain and life-altering psychological consequences. Additionally, an animal attack can have profound legal implications, and victims often need legal assistance to seek fair compensation.
If you’ve been bitten in a dog attack or by an animal that was not adequately trained or controlled, you have the right to fair compensation for your pain and suffering. At Sam Aguiar Injury Lawyers, we don’t think you should have to pay for an animal owner’s negligence. We know the law, and our Louisville animal bite lawyers will fight to hold the animal owner responsible for your injuries following any dog attacks.
Understanding Dog Bite Claims
Dog bites are a serious concern in Louisville, Kentucky, and can result in severe injuries, emotional trauma, and financial burdens. According to the Centers for Disease Control and Prevention (CDC), approximately 4.5 million dog bites occur yearly in the United States, with about 20% requiring medical attention. In Louisville, dog bites can happen anywhere, including in public spaces, private homes, and neighborhoods with seemingly friendly dogs.
The impact of a dog bite can be far-reaching, affecting not just the victim’s physical health but also their emotional and financial well-being. Victims may face extensive medical treatments, psychological counseling, and time off work, leading to significant financial strain. Understanding the prevalence and seriousness of dog bites is crucial for prevention and ensuring that victims receive the support and compensation they deserve.
What to Do If Bitten
If you or a loved one is bitten by a dog, it is essential to take immediate action to ensure your safety and well-being.
Here are some steps to follow:
Seek medical attention
If the bite is severe or you are unsure of the dog’s vaccination history, seek medical attention immediately.
Dog bites can lead to infections like rabies, and prompt medical treatment can prevent long-term complications.
Document the incident
Take photos of the bite, the dog, and any witnesses. Also, gather contact information from the dog’s owner and any witnesses. This documentation will be crucial for your dog bite claim.
Report the incident
Contact local animal control or law enforcement to report the incident.
This will help create an official event record and may aid in future investigations.
Consult with a dog bite attorney
A dog bite attorney can help you navigate the complex process of filing a dog bite claim and ensure you receive fair compensation for your injuries.
Taking these steps can significantly impact the outcome of your case. They can help secure the evidence needed to support your claim and ensure you receive the medical care and legal assistance necessary for recovery.
Why Choose Sam Aguiar Injury Lawyers?
At Sam Aguiar Injury Lawyers, we are the top choice for dog bite cases.
We are committed to doing all we can to secure the maximum possible compensation for a dog bite victim.
We take pride in our open communication and track record that speaks for itself, securing past clients hundreds of millions in awards.
With our experience and knowledge of Kentucky’s strict liability and dog bite law, we will hold pet owners accountable.
How a Lawyer Will Fight For You
Hiring an experienced dog bite lawyer from our team of injury lawyers will give you peace of mind throughout the legal process.
Our team of attorneys will leverage Kentucky’s strict liability laws to hold the dog owner accountable so that you receive compensation for injuries, medical bills, lost wages, and pain and suffering.
We focus on proving owner negligence and the failure to control the animal, emphasizing the significant physical and emotional trauma victims endure.
We will meticulously go through each process step, including conducting a thorough investigation, gathering evidence, and advocating for your rights throughout the trial and settlement negotiations. E
ntrust a dog bite attorney to handle your case so that we can fight for the justice you deserve.
Medical Complications
Dog bite incidents can cause serious health complications, such as severe scarring, disfigurement, and infections.
These injuries can significantly impact a victim’s quality of life and may require surgical interventions.
Some complications include:
Severe bleeding from a dog bite can lead to significant blood loss, requiring immediate medical attention to prevent shock.
Infection is a common complication of dog bites, as bacteria from the dog’s mouth can enter the wound and cause serious health issues.
Nerve damage from a dog bite can result in long-term sensory or motor function loss in the affected area, necessitating specialized medical treatment.
Emotional trauma following a dog bite incident can include fear of dogs, anxiety, and PTSD, often requiring psychological counseling for recovery.
If a dog bit you or a loved one, you could be facing stacks of medical bills, scarring, disfigurement, or the inability to work.
Our dog bite attorneys are determined to help you get all compensation you are owed for your damages wages.
Severe Injuries From Dog Bites
Severe dog bites can result in devastating and sometimes permanent injuries with life-altering consequences.
Here are examples of some of the more serious types of injuries:
Rabies
This viral infection is potentially lethal if the dog has not been vaccinated, and it’s critical to receive appropriate medical care if you have any reason to believe the dog has rabies.
Loss of Limbs
In especially violent attacks, victims, often children, because of their size, might sustain such serious wounds that amputation becomes necessary to save their lives or prevent further health complications.
Fatal Injuries
Although rare, there are instances where an attack is so severe that it leads directly to loss of life. This tragic outcome typically results from attacks on vital areas like the neck, where significant arteries could be torn open.
Dealing with any severe dog bite injury warrants consulting with a legal professional who can help you address the immediate and long-term effects of such trauma.
Kentucky Dog Bite Laws
Kentucky dog bite law emphasizes the state’s strict liability rule, which mandates that dog owners are responsible for injuries caused by their dogs regardless of prior behavior. The strict liability law against dog owners can be found in KRS 258.235. Essentially, this law holds dog owners accountable for any dog bite damages caused by their dogs and allows for complaints against owners of dogs deemed vicious, potentially resulting in penalties and orders for secure confinement or destruction of the dog if found guilty.
Owners are expected to control their animals at all times, regardless of whether the dog has a prior history of aggression. Since Kentucky operates under strict liability, dog bite victims do not need to prove that the dog owner was negligent or aware of the dog’s aggressive tendencies. The fact that the dog caused harm is sufficient for a claim. In Kentucky, a dog owner is automatically responsible for any injuries or dog bite damages to people, livestock, or property, regardless of the owner’s prior knowledge of the dog’s aggressiveness or previous behavior. This contrasts with states with a “one-bite rule,” where the owner might not be held liable for the first incident if they had no reason to believe their dog was dangerous.
Strict Liability
Victims of dog bites or attacks are entitled to compensation for their injuries and damages due to the state’s strict liability statute, encompassing medical expenses, emotional distress, and property damage. The dog bite claim’s worth can often exceed $50,000 if covered by insurance, highlighting the significant financial aspect of these claims. Dog owners face a substantial financial responsibility, as they may be required to cover medical bills, lost wages, pain and suffering, and other damages resulting from a dog bite or attack, which can pose a substantial economic burden, particularly in severe dog attack cases.
Moreover, if a dog is found to have viciously attacked a human without cause and beyond the owner’s premises, the owner could face legal penalties under KRS 258.990(3)(b), including fines and other legal repercussions or even that the dog may be securely confined or euthanized, depending on the court’s judgment, to prevent future incidents.
Additional Liability
In Kentucky, dog owners are held strictly liable for any damages caused by their dogs. This means that if a dog bites someone, the owner is responsible for the victim’s injuries, regardless of whether the dog has a history of aggression.
However, the state’s pure comparative negligence rule may reduce compensation if the victim is found partially at fault.
To determine liability and fault in a dog bite case, the following factors are considered:
The dog owner’s responsibility
The dog owner’s level of responsibility for the dog’s actions, including whether they took reasonable steps to prevent the bite.
The victim’s actions
The victim’s actions leading up to the bite, including whether they provoked the dog or entered the dog’s property without permission.
The dog’s history
The dog’s history of aggression or biting may impact the owner’s liability.
Damages
In cases of dog bite injuries, dog bite victims are entitled to seek a range of damages that cover both the tangible and intangible consequences caused by the incident. Here’s an overview:
Economic Damages
These are losses that have a direct monetary impact on your life, including medical bills, lost wages, and property damage.
Non-Economic Damages
These address the less quantifiable impacts, such as pain and suffering, emotional distress, loss of enjoyment of life, or loss of consortium resulting from a dog bite. It could also include compensation for disfigurement and scarring.
Punitive Damages
Punitive damages are awarded in more extreme circumstances and serve as a punishment for the dog owner’s behavior if there’s evidence of oppression, fraud, or malice.
A plaintiff shall recover punitive damages only upon proving, by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud or malice.
They aren’t tied to any specific loss the victim has encountered but are meant to punish and act as a deterrent against future carelessness or intentional harm.
“Punitive damages” includes exemplary damages and means damages, other than compensatory and nominal damages, awarded against a person to punish and to discourage him and others from similar conduct in the future.
If you’ve suffered a dog bite injury, understanding what you could be entitled to is helpful when pursuing your claim.
EPotential Strategies by Dog Owners
In Kentucky, the strict liability statute for dog bites places the dog’s owner responsible for injuries or damages their pets cause.
However, owners may attempt to use various defenses to mitigate their liability.
Understanding and combating these potential defenses is crucial for victims seeking justice and compensation. Here are some strategies we often see and some typical ways to counter:
Provocation Defense
One common defense is that the victim provoked the dog, leading to the attack. To combat this, evidence such as witness statements, video footage, or expert testimony can be used to demonstrate the victim’s lack of provoking behavior and establish the unprovoked nature of the attack.
Trespassing Defense
Owners might argue that the victim was trespassing on their property at the time of the bite. A way to counter this defense is by proving the victim had a lawful reason to be on the property, such as being invited by the owner or performing a duty (e.g., delivery of a package).
Lack of Ownership or Control
An owner may claim they did not own or control the dog during the attack. Victims can counter this by gathering evidence such as veterinary records, registration documents, or witness statements that establish the defendant’s ownership or responsibility for the dog.
Evidence to Prove a Dog Bite Case
To successfully prove a dog bite case in Kentucky, several types of evidence can be crucial in establishing liability and the extent of damages.
Medical Records
Medical records are one of the most compelling pieces of evidence in a dog bite case.
These documents provide detailed information about the nature and extent of the injuries sustained.
Medical records can also establish a timeline for treatment, correlating the injury directly to the dog bite incident.
Witness Statements
Statements from witnesses during the incident can bolster a dog bite claim.
Witnesses can offer objective accounts of the event, helping to establish the sequence of actions leading to the bite, hopefully supporting the victim’s version of events.
Photographic Evidence
Photographs taken immediately following the dog bite can serve as crucial evidence.
These images can visually demonstrate the severity of the injuries and the circumstances in which the bite occurred, such as the location and the dog involved.
Expert Witnesses
Expert witnesses, such as animal behaviorists or medical professionals, can provide specialized insight into the case.
An animal behaviorist might testify about the dog’s likely behavior patterns, while a medical professional can explain the extent and long-term effects of the injuries.
Owner’s Admissions or Statements
Any statements or admissions made by the dog owner acknowledging their pet’s aggressive behavior or their responsibility for the incident can be used as evidence.
Incorporating these types of evidence can significantly strengthen a dog bite claim, ultimately leading to a more favorable outcome for the victim.
Insurance Company Tactics
Dog owners and their insurance companies may use various defenses to reduce or avoid liability in dog bite cases.
Some common defenses include the following, all of which could be subject to the strict liability rebuttal:
Comparative negligence
The victim’s actions contributed to the bite, and therefore, they are partially responsible for their injuries.
Assumption of risk
The victim assumed the risk of being bitten by entering the dog’s property or engaging in activities that may provoke the dog.
Provocation
The victim provoked the dog, leading to the bite.
Lack of notice
The dog owner had no prior knowledge of the dog’s aggressive tendencies or had taken reasonable steps to prevent the bite.
It is essential to consult with a dog bite attorney to understand the specific defenses that may be used in your case and to develop a strategy to overcome them. An experienced attorney can help gather evidence, counter these defenses, and ensure that you receive the compensation you deserve for your injuries.
Statute Of Limitations
In Kentucky, the statute of limitations for a dog bite claim is generally one year from the incident date. Child victims of dog bites in Kentucky are given additional time under the law to file a dog bite lawsuit. Recognizing that minors lack the legal capacity to pursue their rights, Kentucky law treats being underage as a disability until they reach the age of adulthood.
Generally, the statute of limitations for minors won’t start running until they turn 18.
If you miss the statute of limitations deadline, Kentucky law could bar you from obtaining any compensation for your injuries.
File Your Claim Early
It’s essential to file your claim promptly, even if the statute of limitations gives you time.
Filing early typically results in more readily available and reliable evidence, such as eyewitness statements, video footage, or freshly documented injuries – all crucial for building a strong case.
The sooner you initiate the legal process, the quicker you can potentially secure financial relief.
Legal Process for Dog Bite Claims
Navigating the legal process for dog bite claims can seem overwhelming, but understanding each step can help set expectations and ease concerns for injured parties. Here is a brief step-by-step overview of how to file a claim and what to anticipate throughout the process.
Seek Immediate Medical Attention
The first and often the most critical step is to seek immediate medical care following a dog bite. This is essential for health reasons, and medical records will also serve as vital evidence in your claim.
Report the Incident
Notify local animal control or law enforcement about the incident. This ensures that there is an official report documenting the specifics of the event, which may include the dog owner’s identity, the location and date of the attack, and any injuries sustained. Additionally, reporting the incident can help prevent future attacks by properly handling or restraining the aggressive dog.
Consult with a Personal Injury Attorney
Getting advice from experienced Louisville dog bite attorneys can clarify the feasibility of your claim. They can help gather evidence, communicate with insurance companies, and represent your interests throughout the legal process.
Investigation and Collection of Evidence
Your dog bite attorney will compile all necessary evidence, such as medical records, witness statements, photographs, video footage, expert testimony, and animal control reports. This evidence will be crucial in building a strong case.
Demand Letter and Negotiations
Your attorney typically sends a demand letter to the dog owner’s insurance company outlining the extent of your injuries and the compensation you seek. Negotiations will ensue, and many cases are settled at this stage without going to court.
Filing a Lawsuit
If a fair settlement cannot be reached, the next step is to file a lawsuit. Your attorney will prepare the necessary legal documents and officially file them with the court.
Discovery Phase
During the discovery phase, both parties exchange evidence and information pertinent to the case. This phase may involve depositions, interrogatories, and additional documentation to build each argument.
Mediation and Possible Settlement
Before going to trial, both parties might settle the case through mediation.
Mediation involves a neutral third party who helps facilitate discussions toward a mutually agreeable resolution.
Trial
The case will proceed to trial if mediation does not result in a settlement. Both parties will present their arguments, evidence will be examined, and witnesses may testify. The judge or jury will then deliver a verdict and potentially award damages.
Post-Trial and Appeals
Following the trial, either party may file an appeal if they believe a legal error affected the verdict. The appeals process can extend the timeframe before a final resolution is reached.
By understanding each step in the legal process of a dog bite claim, injured parties can prepare themselves for what lies ahead and make informed decisions throughout their journey to seek justice and compensation.
Contact Our Dog Bite Lawyers Today
You shouldn’t have to pay for an injury that wasn’t your fault. At Sam Aguiar Injury Lawyers, we’re determined to help you get fair compensation to cover medical bills, lost wages, and pain and suffering. Our dedicated team of Louisville Dog Bite Lawyers is prepared to navigate the complexities of the legal system on your behalf, fighting tirelessly to secure the justice and financial support you deserve.
We want to help you and your loved ones move forward after your injury. With our Bigger Share Guarantee®, after the case settles, our client always gets more than we do from their settlement. We’re available 24/7—dial (502) 888-8888.
