When a child is hurt, there are no winners, and dog bite accidents are no exception. They can be physically and emotionally challenging for all involved. The parents and the dog’s owner will undoubtedly experience emotions that cannot be resolved through a legal battle.
While some would demand that the dog be euthanized immediately, it is often best to take a step back and contact a dog bite attorney to ensure that the situation is handled fairly.
Watching your child suffer is an upsetting experience, so to ease the process, this blog breaks down everything you need to know about your responsibilities as a parent and what you need to do to receive compensation for your child.
What to do if a Dog Has Bitten Your Child
First, you must confirm your child’s safety. Confirm that there are no life-threatening injuries and move them away from the dog. Do not attempt to capture or detain the animal in any way. Once your child is safe, identify the dog’s owner and contact them without delay.
If the owner has had their dog vaccinated, obtain a copy of the vaccine records for the hospital. If the dog’s vaccine history cannot be proven, your child will need a rabies shot within 24 hours. Dog bites have a high risk of infection, so even if the injuries seem minimal, it is vital to take your child to the hospital as soon as possible.
If you cannot find the dog’s owner, contact animal control and give them as much information about the dog as possible, including location, breed, color, fur type, length, etc. If the dog is still in the area, take pictures of it without getting too close.
It is crucial to capture high-resolution photos of your child’s wounds before a doctor treats them, after they’ve been cleaned, and throughout recovery. Dog bite claims can take some time to finalize, so it’s essential to keep track of your child’s injuries as they heal and take notes daily about the effects of the injuries on your child’s life.
Throughout the process, it is essential to maintain thorough records of all damages incurred, both economic and non-economic. We recommend keeping everything, even if you think it might not be necessary. Essential documents can include:
- Financial statements like invoices, bills, and receipts related to your child’s treatment
- Medical documents such as prescriptions and doctor’s reports
- Scans like x-rays, MRIs, ultrasounds, CT scans, etc.
- Psychological assessments and therapy bills
- Bills for medical equipment like slings, casts, or wheelchairs
- Employment contracts for additional in-home assistance or educational tutors
- Proof of lost wages for parents who stayed home to care for the child
- Attendance records to show how much school the child had to miss
- A list of every medical professional your child interacted with
- Contact information for everyone who witnessed the incident
The legal system is notoriously complex, and going up against insurance providers and attorneys alone can leave you with very little power over the outcome. Hiring an attorney with experience in resolving dog bite cases can be exceedingly beneficial and ensure the protection and rights of your child.
At HHJ Trial Attorneys, we have years of experience helping people bitten by dogs fight for fair compensation. We are highly motivated to protect your interests and defend your child during this emotionally fraught time.
Dog Bite Laws and Liability
Most states have strict rules around dog bite liability that enforce owner responsibility regardless of the owner’s prior knowledge of their dog’s aggressive tendencies. Some states have a “one bite rule” that holds an owner liable even if it was the dog’s first biting incident. These rules ensure that the dog’s owner will cover your child’s medical expenses, no matter the circumstances.
States that use comparative negligence laws often have an Innocent Child Rule that considers children under five faultless and exempt from comparative negligence. Laws vary by location, but in general, a dog owner will be found liable if:
- Their dog bit or injured your child
- Your child was in a public place or lawfully on private property
- Your child did not provoke the dog (hitting, tail pulling, jumping, etc.)
If the owner is found liable for the incident, your family may be able to recover damages incurred due to the injury, such as:
- Medical expenses
- Ongoing medical care
- Lost wages for parents and caretakers
- Pain and suffering, both physical and psychological
- Lower quality of life due to scarring and disfigurement
- The child’s lost future potential due to disfigurement or disability
Filing a Dog Bite Claim or Lawsuit
The first step is to report the dog bite to the police to create an official record. With your attorney’s assistance, you can file a claim against the dog’s owner or the landlord in the case of a rented property. In such cases, renter’s insurance enters the picture. This claim may be denied outright, their insurance adjuster may open an investigation, or they may offer a settlement immediately.
Typically, the initial settlement offer is insufficient, so your attorney will initiate negotiations, or if a fair settlement cannot be reached, they will file a lawsuit on your behalf. Our attorneys are experienced in negotiations and trials and are fully prepared to fight for your deserved compensation.
Protect Your Child’s Future After a Dog Bite
Dog bites can have lasting physical and emotional consequences for children and their families. It is vital to understand your rights so you can protect your child. By following the advice in this blog, you can secure the compensation that will help your child recover and protect your family’s finances. Contact HHJ Trial Attorneys today to discuss your case and start the legal process.
