Fairness dictates that the victim should not bear the burden of their injuries if someone else is to blame. The role of dog bite lawyers is to help the victim and their family recover financial compensation to help cover their losses and expenses.
A dog attack can result in severe physical and mental trauma. Dog bites can cause permanent injuries that prevent the victim from working or even going out in public. Children are particularly vulnerable to dog attacks because their actions may inadvertently provoke a dog, and children are often not strong enough to fight off an attack once it begins.
Soft tissue injuries are among the most devastating dog bite injuries. When a dog rips into a victim’s soft tissue, it can cause severe bleeding, nerve damage, and wounds that leave permanent scars. The victim may face multiple surgeries and endless physical therapy and still carry reminders of their attack for the rest of their life.
Proving Liability
Texas places a heavy burden on dog bite victims. It is not enough that the dog acted viciously or belongs to a dangerous breed. To hold a dog owner liable for an attack, your dog bite attorney must prove the dog was vicious by nature and that the owner knew or could have prevented the attack.
This standard can be tricky because your lawyer must uncover and present prior examples where the dog attacked, snapped, or otherwise acted aggressively. Experienced dog bite attorneys know they can find this evidence by interviewing neighbors, reviewing police reports, and even subpoenaing the dog’s medical records.
Gathering and Presenting Evidence About Your Claim
Dog bite cases often involve complex evidentiary issues. The tissue damage might be so extensive that doctors might have difficulty reconstructing what happened. However, this reconstruction might provide essential evidence of the dog owner’s liability.
Dog bite attorneys often know expert witnesses who can reconstruct dog attacks so the claims adjuster or jury understands what happened and why the dog owner is liable. They can also hire medical experts to explain the long-term effects of the victim’s injuries. For example, if the soft tissue injuries include nerve damage, a medical expert will explain the victim’s functional losses and how those might affect their life.
Calculating Damages
Soft tissue injuries can produce economic and non-economic losses. The economic losses associated with a dog attack include all the financial costs of the resulting injuries, including the following:
- Expenses for past and future medical treatment, surgeries, and physical therapy
- Wages lost while recovering from injuries
- Diminished earning capacity due to long-term or permanent disabilities
- Out-of-pocket costs of medical treatment and replacement services until you heal
Non-economic losses capture the reduction in your quality of life due to your injuries. These losses are often significant in dog bite cases. If the dog amputates a body part, your quality of life will diminish. Similarly, permanent scars could impact your happiness and limit your activities.
Calculating your losses requires evidence of your financial costs and medical records showing the severity and duration of your injuries. However, since there is no standard for non-economic compensation, a lawyer must often rely on other dog bite cases they have handled to calculate the range of damages you can pursue.
Negotiating With Insurance Companies
Homeowner’s and renter’s insurance usually covers dog bite claims. Specifically, these policies include liability coverage for the home’s residents. Suppose that a pet attacks someone, and the victim pursues a liability claim against a covered resident. In that case, the insurance company will provide a defense attorney and pay any settlement or damage award up to the policy’s limit.
Therefore, you will not go up against the dog owner in a case. Instead, you will battle a powerful insurance company and the insurance defense attorney hired for the dog owner. Even when liability is clear, the insurance company will not give up easily. It will often negotiate aggressively to avoid paying a large settlement.
Dog bite lawyers have experience negotiating personal injury settlements. They also understand the tactics insurers use to frustrate victims into settling for less than the value of their claims. The attorney can see through these tactics and fight until the insurer offers a fair number.
Navigating Legal Challenges in Dog Bite Cases
Dog bite cases can raise complicated legal issues. The dog owner can assert that the victim provoked the dog or was trespassing when the attack occurred. Countering these defenses will often require experience with collecting evidence and conducting legal arguments to persuade a jury or claims adjuster to assign the blame to the dog owner.
FAQ
What Are the Most Common Dog Bite Injuries Involving Soft Tissues?
Dogs can injure people in several ways. Their teeth will puncture the skin and pierce the underlying tissues, resulting in lacerations, puncture wounds, and bleeding. When the dog shakes its head, it can tear flesh from the body, resulting in amputated body parts and severed nerves.
What Compensation Can I Seek for Soft Tissue Injuries?
Your compensation after proving the owner’s liability can cover your economic and non-economic losses. Economic losses include the financial costs of your injuries, such as medical bills and lost wages. Non-economic losses include the impact of the dog bites on your quality of life due to scars and functional losses.
Do I Need a Texas Dog Bite Attorney?
Dog bite victims can always represent themselves. However, many hire a lawyer to deal with dog owners and their insurers. Dog bite lawyers have experience handling insurance claims, and if the insurance claim gets denied, they can help you file a lawsuit against the dog owner.
Contact Our Dog Bite Attorneys to Learn More
Soft tissue injuries do not sound serious, but a dog mauling can produce permanent disfigurement, dismemberment, and disabilities that result in significant financial and quality-of-life losses. Contact us for a free consultation to discuss the dog attack you or your family member suffered and how we can fight for injury compensation.