When you or a loved one has been the victim of a dog bite in Elizabethtown, the legal team at Sam Aguiar Injury Lawyers is here to provide the support and representation you need. Our experienced Elizabethtown dog bite lawyers understand the physical, emotional, and financial toll a dog attack can inflict on individuals and families. With a deep knowledge of Kentucky’s dog bite laws and a commitment to client-focused care, we strive to ensure that victims receive the justice and compensation they deserve. Whether dealing with negotiating against insurance companies or pursuing legal action in court, our goal is to achieve the best possible outcome for your case. Contact Sam Aguiar Injury Lawyers today for your free consultation so we can secure the recovery you need to move forward from this traumatic experience.
Why Choose Sam Aguiar Injury Lawyers in an Elizabethtown Dog Bite Injury Claim
At Sam Aguiar Injury Lawyers, we have a team of lawyers dedicated to serving victims of Elizabethtown dog bite injury claims. We emphasize aggressive case handling, proven trial results, and prioritizing our clients’ recovery both physically and financially. Our firm guarantees no fees unless they win so that our clients can feel financially secure throughout the process. You will feel informed and understand the strategy that we employ as we offer 24/7 availability and frequent case updates to our clients. Our Elizabethtown personal injury lawyers approach our cases for our clients as if they were our family and focus on getting the results that you deserve.
How a Lawyer Will Approach an Elizabethtown Dog Bite Injury Claim
Some ways our lawyers will assist in an Elizabethtown dog bite injury claim include:
- Investigate the incident thoroughly, including the circumstances of the bite and the dog’s history.
- Gather medical documentation and evidence of the injuries to establish the extent and impact.
- Examine local ordinances and state laws applicable to dog ownership and responsibility.
- Calculate comprehensive damages including medical costs, emotional distress, and any lost wages.
- Engage with insurance companies for negotiation, aiming for a settlement that covers the victim’s needs.
- Prepare for litigation if a fair settlement cannot be reached, advocating for the victim’s rights in court.
Strict Liability Laws in Elizabethtown Dog Bite Claims
KRS 258.235 (4) outlines the liability for Elizabethtown dog bite claims in Kentucky. According to the statute: (4) Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.
This law simplifies the process for victims seeking compensation, as they do not need to prove the dog owner’s negligence or that the dog had a previous history of aggression. The principle of strict liability applied here means that the dog owner is liable for the damages even if they believed their dog was not capable of such behavior, removing the burden from the victim to demonstrate fault or the likelihood of the attack happening. The statute ensures that victims of dog bites can pursue damages for their injuries, medical expenses, lost wages, and any other related costs incurred as a result of the incident.
Filing a Complaint in an Elizabethtown Dog Bite Claim
KRS 258.235 (5) provides the grounds for which a victim may file a claim against an owner for an Elizabethtown dog bite claim.
“(5) (a) Any person who has been attacked by a dog, or anyone acting on behalf of that person, may make a complaint before the district court, charging the owner or keeper of the dog with harboring a vicious dog. A copy of the complaint shall be served upon the person so charged in the same manner and subject to the laws regulating the service of summons in civil actions directing him to appear for a hearing of the complaint at a time fixed in the complaint. If the person fails to appear at the time fixed, or if upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner or keeper of the dog in question, and that the dog has viciously and without cause, attacked a human being when off the premises of the owner or keeper, the person shall be subject to the penalties set forth in KRS 258.990(3)(b), and the court shall further order the owner or keeper to keep the dog securely confined as provided by subsection (3) of this section, or the court may order the dog to be destroyed. (b) The animal control officer shall act as an officer of the court for the enforcement of any orders of the court in his jurisdiction pertaining to this subsection.”
What this law translates into in plain English is that victims who have suffered an Elizabethtown dog bite injury have a legal avenue to file a complaint against the dog’s owner or keeper under the grounds of harboring a vicious dog. The process entails submitting a complaint to the district court and serving a copy to the accused party (mirroring the procedures and laws related to civil summons service). The accused dog owner is required to attend a court hearing scheduled in the complaint. If either (i) the owner fails to appear or (ii) a court finds that the accused is the dog’s owner and that the dog attacked a person viciously off the owner’s premises, then the owner will be liable to to penalties as described in KRS 258.990(3)(b).
Additionally, the court has the authority to mandate that the dog be securely confined as stipulated in a different subsection of the law, or in severe cases, order the dog’s euthanasia. An animal control officer is tasked with enforcing any court orders related to this matter.
Damages in an Elizabethtown Dog Bite Injury Claim
KRS 258.990 states that “the owner of any dog, cat, or ferret which bites a human being shall be liable to pay all damages for personal injuries resulting from the bite of the dog, cat, or ferret.”
Some potential recoverable damages include:
- Medical Expenses: Immediate treatments such as emergency room visits, medication, wound care, and any necessary surgeries. Costs may also extend to ongoing care, such as physical therapy or psychological counseling, that may be required to address the long-term effects of the bite. In cases where the injuries result in lasting disability or disfigurement, long-term care costs become relevant.
- Lost Wages: Compensation for the income lost while unable to work during the recovery period. This includes not only the immediate aftermath of the incident but also any future loss of earning capacity.
- Pain and Suffering: Compensation addressing the non-economic impact of the dog bite, including physical pain, emotional distress, anxiety, and the overall decrease in quality of life experienced by the victim.
Contact Our Elizabethtown Dog Bite Injury Lawyers Today
If you or a loved one has been the victim of a dog bite in Elizabethtown, don’t hesitate to reach out to Sam Aguiar Injury Lawyers for support. Our experienced team is well-versed in Kentucky’s dog bite laws and is committed to advocating for your rights and securing the compensation you deserve. We understand the physical, emotional, and financial toll a dog bite can inflict, and we’re here to guide you through every step of the legal process. Contact us today to learn how our Elizabethtown dog bite injury lawyers can assist you in navigating your claim and help you on the path to recovery.