If you were bitten by a dog, or your child was bitten or attacked by a dog, you may be able to file a personal injury claim with the dog owner’s home insurance company to seek compensation for your damages. Dog owners can be held liable if their dog attacks someone on their property or off. Marc Brown has the knowledge, experience, and passion to help you and your family through this traumatic experience by compiling evidence of your damages, filing a claim, firmly negotiating with the other party’s insurance company, and filing a lawsuit and litigating in the courtroom if necessary.
Understanding Liability in South Carolina Dog Bite Cases
In South Carolina, dog owners are subject to strict liability for any injuries their pets cause. This means that if a dog bites someone, the owner can be held liable regardless of whether the dog has a history of aggression or if the owner was negligent. The primary statute governing this is South Carolina Code Section 47-3-110, which states that the owner of a dog is liable for damages if the person bitten was in a public place or lawfully in a private place, including the property of the owner.
While strict liability applies in South Carolina dog bite cases, negligence can also play a role. If an owner fails to properly restrain or control their dog, or if they ignore signs of the dog’s aggressive behavior, they may be deemed negligent. This can lead to increased damages awarded to the victim. Negligence involves proving that the owner did not take reasonable steps to prevent the bite, which is crucial for cases where strict liability may not fully apply.
Damages You Can Seek in a Sumter Dog Bite Claim
Common injuries in dog attacks include puncture wounds, lacerations, contusions, serious facial and groin injuries, permanent scarring and disfigurement, fall injuries caused by the attack (including limb fractures and back injuries), and dislocations, not to mention PTSD and a life-long fear of dogs, which can be particularly tragic for young children. As such, damages may include the following:
- Medical expenses
- Ongoing cost of medical care
- Future medical procedures
- Pain and suffering
- Mental anguish
- Permanent scarring and disfigurement
- Lost wages
- Lost earning capacity
- Property damage
If you or a loved one are bitten by a dog, it is your right to get full compensation for your loss. Dog attacks are one of the worst nightmares one can experience. It can not only leave physical scars but also cause long-term emotional trauma. As defined by the SC state house, a “dog includes all members of the canine family, including foxes and other canines.” If you have been bitten by a dog or any other canine for that matter, it is very important to seek both medical as well as legal help right away!
The victim of a dog attack is entitled to financial funds which can cover the medical costs and compensate for any pain and suffering that they have to live with for the rest of their life. So if you or your loved one is a victim of a dog attack and you have been looking for a Sumter dog bite lawyer to help you with your case, you’re in the right place.
At Marc Brown Law Firm, we help you get your rightful compensation when bitten by a dog. We want to speed up your recovery process and ease your financial burden when dealing with dog bites. We understand how helpful a large settlement can be for you and your family. That’s why we have dedicated our profession to helping people in need.
Damages In A Dog Bite Claim
There are several damages you can claim in a dog bite case. Two separate categories divide the damages related to dog bites. Economic damages are tangible and can be calculated by looking at things like bills and receipts. Non-economic damages are less tangible and must be calculated using a formula.
- Economic damages include medical expenses that come from the attack such as a prescription, medical bills, and physical therapy. This also includes lost wages even if you are out of work for a period of time. Property damage to personal or real property are also economic damages.
- Non-economic damages are the physical pain and suffering from the injury, emotional suffering like depression and anxiety, and punitive damages when the other party is being negligent.
If the victim in question provokes a dog to attack, the owner may not always be held liable, according to the Animal Center. Regardless of the situation, we make sure to keep your expectations in mind. You can rely on our Sumter dog bite lawyer for successful dog bites cases. We offer you a FREE consultation. In case you want us to represent you in a trial, we do not take any legal fee unless we win your case, and you are awarded full compensation for your damages and losses.
How Does a Dog Bit Claim Work?
By filing a claim with the dog owner’s insurance company, you are essentially demanding payment. The dog owner will not pay you directly. As such, you do not need to worry about financially ‘harming’ the dog owner by seeking financial compensation, as it will be their insurance company that ends up paying. This is an understandable concern if the dog owner was a friend, family member, or neighbor. Typically, a long period of negotiations ensues after a claim is filed, and eventually the two parties come to an agreement on compensation. A personal injury lawsuit in Sumter may be necessary, however, at which point the two parties can still negotiate out of the courtroom before litigation ensues.
Why Some Dog Bite Claims Denied
If you were trespassing or did not have a right to be on the premises where the attack occurred, you will likely lose your personal injury claim. Similarly, if you or your child provoked or harassed the dog, it is likely that you will lose the claim, or your damages will at least be reduced. The last scenario in which filing a personal injury claim against a dog owner is if the dog was a trained police dog.
Steps to Take After a Dog Bite
Experiencing a dog bite can be a traumatic event, and knowing the proper steps to take immediately after the incident is crucial for your health and any potential dog bite claim. Taking the right actions can help ensure you receive the necessary medical care and strengthen your position if you decide to pursue compensation for your injuries. Here is what you need to do following a dog bite in Sumter:
Immediate Medical Attention and Documentation
After a dog bite, it is crucial to:
- Seek Immediate Medical Attention: Properly treat the wound to prevent infection.
- Document Your Injuries: Take clear photographs of all your injuries and the treatment process.
- Save Your Medical Records: Keep detailed records of all the medical visits, treatments, and prescriptions you received.
- Follow-Up Care: Ensure you attend all follow-up medical appointments to document the ongoing health impacts.
Report the Incident to the Local Authorities
After seeking medical attention, it is important to:
- Report the Bite: Notify local animal control or the police to ensure the incident is officially recorded.
- Provide Detailed Information: Include details such as the dog’s description, owner’s contact information, and the circumstances of the bite.
- Follow Up: Stay in contact with the authorities to obtain a copy of the report, which will be valuable in any legal proceedings.
Collect Evidence
Gathering evidence is crucial for building a strong dog bite case. Make sure to:
- Photograph the Scene: Take pictures of the location where the bite occurred.
- Identify Witnesses: Collect contact information from anyone who saw the incident.
- Document Interactions: Record any conversations with the dog owner, including any admissions of fault.
- Save All Records: Keep all your medical bills, treatment records, and correspondence related to the incident.
Why Hire a Sumter Dog Bite Lawyer?
Hiring a dog bite lawyer can be important to navigating your Sumter dog bite claim successfully. An experienced Sumter dog bite lawyer will also understand the local laws and will be able to effectively counter any tactics the insurance companies might use to deny or minimize your claim. Furthermore, a skilled dog bite lawyer will prepare your case for trial and advocate for you in court if necessary to achieve an outcome the compensates you fully for your injuries, pain and suffering, and emotional distress.
What Makes Our Firm Standout?
Here are a few things that make us stand out among other firms.
- We bring results to the table.
- We do not charge you until we show results.
- We keep your expectations in mind.
- Personal injury is our specialty.
- We charge affordably!
Sound legal representation will ensure your Sumter dog bite case is handled with the utmost care and precision, giving you the best chance for a favorable outcome. Trust Marc Brown Law Firm to fight aggressively for your rights and achieve the justice you deserve.
A Sumter Dog Bite Attorney is Here to Help
Dog attacks are traumatic experiences, and victims typically suffer painful, life-changing injuries, as well as post-traumatic stress disorder and a phobia of dogs that may or may not ever go away. This is particularly hard to reckon with for young children, as they may never fully get to experience the joy and love of having a dog following this experience. We urge you to call Sumter dog bite attorney Marc Brown today at (803) 848-0008 to schedule a free consultation to discuss what compensation you may be owed by the dog’s owner.