While a dog bite is a type of personal injury case, it differs from others primarily in the type of evidence that establishes liability. In some dog bite cases, strict liability laws hold the owner responsible for their dog’s actions. This means you may not have to prove negligence as part of your claim for damages. However, if you provoked the dog, proportionate responsibility laws may come into play, potentially reducing your compensation.
A Dallas dog bite lawyer can further clarify how dog bite cases differ from other types of personal injury cases and the impact of these distinctions on your case. Your personal injury lawyer will investigate the incident, compile evidence, and deal with the insurance company and adjuster on your behalf. Your lawyer will fight to recover compensation for your medical bills, lost wages, and more.
The “One Bite Rule” in Texas Dog Bite Cases
While Texas has no statute specific to dog attacks, former cases have set a “one bite rule” precedent. This means if the dog that attacked you previously attacked or bit someone else, the dog’s owner is strictly liable for your dog bite injuries. In these cases, you do not have to prove negligence to seek compensation via an insurance claim or dog bite lawsuit.
However, if the dog has never bitten anyone else before, you may be required to prove the owner’s negligence to recover financial compensation. For example, if they let the dog roam free in an area where leashes are required or did not attempt to stop the dog from attacking you, those situations may qualify as negligence.
Dog Bite Cases Typically Involve Homeowners’ or Renters’ Insurance Policies
Personal injury cases like car accidents involve seeking damages from the at-fault party’s insurance company. Your dog bite case differs because it typically involves seeking compensation from the dog owner’s homeowners’ or renters’ insurance policy. Understanding how insurance works in dog bite cases is crucial to recovering damages.
It can be hard to know which insurance company to pursue on your own. A dog bite lawyer can investigate the responsible party and identify the appropriate insurer. Your attorney will communicate with the insurer on your behalf, including submitting required claim forms and supporting evidence. They will also build the strongest possible case and negotiate for a favorable settlement.
Homeowners’ Policies May Disclaim Coverage Based on the Dog Breed
Some homeowners ‘ insurance policies could exclude certain breeds of dogs—pit bulls, for example. If this is the case with the animal involved in your dog bite claim, you could still have compensation options available. For example, you could sue the owner directly for damages.
Without appropriate homeowners’ insurance in place, it can be hard to know what to do if a dog bites you or a family member. The lawyer you choose will describe all your financial recovery options. Your dog bite attorney can deal with the insurance company and adjuster for you, including examining all potentially applicable insurance policies in detail.
Proportionate Responsibility Could Play a Role In Your Financial Recovery After a Dog Bite
As part of their defense strategy, the animal’s owner may allege that you provoked the dog. In this case, Texas’ proportionate responsibility law (Texas Civil Practice and Remedies Code § 33.001) could affect your financial recovery.
If the insurance company or court deems you partially at fault for the dog attack, it may reduce the amount of compensation you receive by the percentage of fault assigned to you. If you are 51% or more at fault, you will not be eligible for any compensation.
Your dog attack lawyer can help you prove you did not contribute to the incident and fight for a fair distribution of fault and the best possible financial award.
The Role and Weight of Evidence in Your Dog Bite Case
While you may or may not need to prove negligence, the evidence in your case is key for proving the monetary value of your case. The evidence that supports the monetary value of your case can include:
- Medical expenses, including therapy and rehab bills
- A written prognosis describing future medical needs
- Employment and salary history records
- Repair or replacement receipts for damaged property
Your legal team will gather evidence and submit it to the insurance company on your behalf.
Recoverable Economic Damages for Dog Bite Victims
The owner of the dog that bit you is often liable for compensating you. A personal injury lawyer can assess your case and assign it an accurate value. A settlement for a dog bite in Texas typically includes:
- Known and anticipated medical treatment
- Known and anticipated losses of income
- Loss of the ability to earn in the future
- Property damage, loss, or diminishment
- Physical and emotional pain and suffering
The physical and psychological trauma of a dog bite or attack can leave you with emotional trauma that leads to a loss of enjoyment of life. This, too, is a recoverable damage. Your personal injury lawyer will establish the monetary value of this and other non-economic damages.
Recoverable Wrongful Death Damages for the Families of Dog Bite Victims
If you lost a loved one in a dog attack, the dog’s owner could be liable for:
- Your loved one’s funeral and burial expenses
- Loss of your loved one’s financial and domestic support
- Loss of consortium, companionship, and guidance
Filing Deadlines for Personal Injury and Wrongful Death Lawsuits in Texas
The statute of limitations for dog bite lawsuits and other types of personal injury or wrongful death lawsuits is generally two years, according to Texas Civil Practice and Remedies Code § 16.003. If the injured party was a minor, the time limit to take legal action can vary.
The statutory clock starts running on the date of the incident, meaning the sooner you seek legal support and guidance, the better. When your lawyer gets involved in your case, the more time they have to collect and preserve evidence. Early intervention also means they can speak to witnesses while their memories are fresh.
Learn More About Your Texas Dog Bite Case With a Free Review
A dog bite case primarily differs from other types of personal injury cases because of strict liability versus negligence laws. Learn more about strict liability laws, your rights as an injury victim, and the dog owner’s financial liability by contacting our consultation team at Loncar Lyon Jenkins today.
