Victims have more to worry about than the pain of a dog attack. Medical visits, wound care, visible scarring, anxiety and time off work can linger long after the incident. When it's somebody else's dog, issues of responsibility and reimbursement can add to an already stressful situation. Knowing the ins and outs of an injury claim can help victims with their expectations.
In Long Island, the legal result turns on the facts of the attack and the applicable New York law. A dog bit someone is not an automatic guaranty for a successful claim. In considering the prospect of recovery, factors such as the dog’s conduct, the owner’s knowledge, the context of the incident and the extent of the injury may all be relevant.
What Makes a Dog Bite Injury Claim?
In a dog bite case, there can be medical bills, lost wages, pain, scarring, and other documented losses. The amount of compensation available is dependent on the evidence and the legal basis of the claim. When looking for a dog bite lawyer, you might be interested in how the animal’s prior behavior and the owner’s knowledge of the animal can affect a claim under New York law.
History of Prior Aggressive Behavior
Evidence may include prior incidents, complaints or conduct such as snapping, growling, lunging or attempting to bite: A prior bite is not necessarily the sole relevant evidence. The key may be whether the owner knew or should have known that the dog had tendencies that could be dangerous to other people. The facts of each case must be taken into account.
Injury Records
The medical record helps to clarify the nature of the wound, the treatment required and if complications have taken place. Photographs can document changes in injury during recovery and employment records can help document time out of work. Keep these materials in order and keep a record of follow-up care. Good documentation can aid in assessing the real world impact of the attack.
Understanding Insurance and Legal Questions
Insurance may be a factor in settling a dog bite claim, but one cannot assume the terms and coverage of a policy. The insurer may ask about the circumstances, look at medical information and ask for a statement. Before making any detailed statements or accepting an offer, consider the potential long-term consequences, especially if you are undergoing treatment or scarring has not fully developed.
Why Facts Are Better Than Assumptions
The seriousness of an injury alone does not fulfilll all the elements necessary for compensation. Likewise, a dog’s breed or size alone does not establish that its owner was aware of dangerous propensities. Evaluation should be based on evidence of conduct, notice, and circumstances of the attack. The law can be very technical in New York and having reliable information about your particular case is important.
Long Island Representation Information Research
Siben & Siben LLP is a family owned personal injury law firm that has been serving Long Island since 1934. It practices in dog bite injury cases, with an emphasis on Nassau County and Suffolk County. Those who are considering their options can read the information published by the firm, learn about its services and then decide if they want to book a consultation.
Conclusions
Carefully consider the facts of the incident, the applicable law and the injury sustained to be able to make a claim for dog bite. Organized evidence can assist in explaining the injury, and support a more informed assessment of potential compensation. Don’t think every case is going to play out the same way, or that the first offer you get from an insurance company is the full value of an injury.
If you are a resident of Nassau or Suffolk Counties, it can be a practical first step to know the laws of New York on dog bites and what legal services are available. Siben & Siben LLP offers information regarding its dog bite representation and Long Island personal injury practice to allow injured persons to understand their options before deciding what to do next.
