Dog bites can be devastating. They cause physical and emotional trauma as well as financial problems for the victim. While money cannot fix everything, it can help you recover what you need to move forward with life after a dog attack. If you’ve been injured by a dog bite, learn the crucial steps to take to win a lawsuit — get started today!
A Texas dog bite lawsuit can help you get compensation to cover your damages, including medical bills, lost wages, and pain and suffering. However, these types of cases can be difficult to navigate. It’s important to understand Texas dog bite laws and how to file a dog bite lawsuit in Texas.
Filing a Dog Bite Lawsuit in Texas
If you or a loved one has been injured by a dog in Texas, you may be entitled to compensation. However, you need to take several steps to file a dog bite lawsuit in the state and have the best chance of winning your case.
Step 1: Understanding Texas Dog Attack Law
The first step in filing a dog bite lawsuit in Texas is understanding the legal theories that govern these cases. Texas uses a “one bite rule,” which means that the dog owner will only be held responsible for a bite if they knew or should have known that the dog was aggressive or vicious.
Texas’ one bite law is different than “strict liability” states where the dog owner is responsible regardless of the dog’s previous behavior. In strict liability states, dog owners must pay for damages their dogs cause no matter what.
In Texas, it is more difficult to prove liability because you must show that the dog has shown aggressive behavior in the past. However, there are other legal considerations. For example, you may be able to show negligence if the dog owner was disregarding local leash laws and the owner did not have proper control over the dog.
Understanding these legal principles and how they apply to your case is important. Your Texas dog bite lawyer can help you determine which legal theory will allow you to file a personal injury lawsuit against the dog owner and win your case. Recovering from the emotional and physical impact of a dog bite accident can be hard, but it is possible.
Step 2: Document the Dog Bite
It’s important to gather plenty of evidence to support your dog bite claim. The quality and quantity of evidence will affect the success of your lawsuit. The more information you have to present to the insurance company or jury, the more compensation you will receive.
You should take photographs of your injuries immediately after the dog attack, as well as damage to your clothing and personal belongings if they were damaged as well. Take pictures of the dog, the location where the attack occurred, and any relevant surroundings. These images will be powerful visual evidence in court.
Keep all medical bills and records, as well as correspondence with all insurance companies. All documents you receive that are related to the dog attack should be saved and organized in a folder or binder. This information will prove the extent of your injuries and related damages.
Witness statements can also serve as important evidence in your case. Collect witness contact information after your dog bite and ask them to provide you with a written account of what they saw. Their testimony can strengthen your case, especially if they know anything about previous incidents involving the dog.
Make a report to animal control services and get records related to their interaction with the dog. If the police are called to the scene, get the incident report and save it in your records as well. All documentation will support your case when you go to trial or attempt to negotiate a settlement.
Step 3: Consult with a Texas Dog Bite Lawyer
Navigating the Texas dog bite lawsuit legal process is challenging without the assistance of an experienced attorney. Your lawyer can help you obtain necessary evidence, understand Texas dog attack laws, and file the legal documents necessary to start a lawsuit.
Calculating Damages
Your attorney can calculate your damages based on the economic and non-economic losses you have incurred. That includes monetary and intangible damages, such as:
- Medical bills
- Lost wages
- Property damage
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement
- Disability
It’s important to consider all past, present, and future damages so that you get enough money from the insurance company to cover all your losses. Once you reach a dog bite settlement, you cannot get more money after you accept the offer.
Drafting Legal Documents
Your dog bite attorney can help you by drafting a complaint and other necessary legal documents that will initiate your Texas dog bite lawsuit. The complaint will detail how you were harmed as well as your expectations for compensation based on your damages.
There will be many other legal documents to draft as well, including pre-trial motions. These motions will require attendance at hearings. Your lawyer will appear at those hearings on your behalf.
Step 4: Going to Trial
If you are not able to reach a fair settlement with the other party, you may have to go to trial. This will require in-depth preparation regarding how to answer questions if you are called to testify, what to wear in court, and other common concerns plaintiffs have with going to trial. Your attorney can help you every step of the way.
Your dog bite lawyer will develop a strong strategy to attack the arguments of the defendants and prove to the jury that you are entitled compensation for your injuries. The dog owner may try to push the blame onto you, so you need someone on your side who can fight back against their allegations.
Step 5: Potential Outcomes of a Dog Bite Lawsuit
There are multiple potential outcomes of a dog bite lawsuit. The majority of dog bite lawsuits settle before going to trial. Defendants and their insurance companies don’t want to leave the outcome to a group of strangers (the jury), who may award you an unknown sum for your serious injuries.
If your case goes to trial and you win, the court will award you damages and you will be able to receive compensation from the dog owner’s insurance company or the dog owner themselves.
Usually, a homeowner’s or renter’s insurance policy will cover dog bites. Some people have separate insurance policies on their dogs, especially if they have shown aggressive behavior in the past.
5 Tips for Winning Your Texas Dog Bite Lawsuit
The Texas dog bite lawsuit process can be complex. However, when you work closely with an attorney, the legal landscape can seem more manageable. Here are some tips that can help you win your Texas dog bite claim.
1. Always Seek Medical Treatment Immediately
It’s important to always get medical treatment immediately after a dog bite. Dogs’ mouths are very dirty and can cause infections even in the smallest of wounds. You will need to be treated at an emergency room or urgent care facility so that you can get medication and appropriate treatment. Your medical records will serve as proof that you were injured and show the severity of your damages.
2. Report the Dog Attack to Authorities
You should also report the dog attack to animal control authorities as soon as possible. The dog will likely need to be quarantined and checked for rabies and other communicable diseases. If the dog has shown aggression in the past, the dog may have to be euthanized. Animal control authorities will maintain records and investigate the case thoroughly.
You may wonder how long you have to report a dog bite in Texas. There are various requirements depending on local laws. Dog owners are typically required to report the incident within 24 hours. Medical professionals report dog bites to local authorities when treatment is provided.
3. Don’t Admit Fault
No matter what happened prior to the dog bite, don’t admit fault. You may not be sure about legal issues surrounding the dog attack. You should reserve commentary about fault and consult with an attorney before you speak to anyone about who caused the dog bite.
4. Gather Evidence Thoroughly
When you’re collecting pictures, videos, and statements at the scene of the accident, make sure you get as much information as possible. The more evidence you have, the better. The insurance companies and dog owner will do everything possible to avoid liability. Your evidence will assist in showing negligence.
5. Choose the Right Texas Dog Bite Lawyer
It’s important to find the best Texas dog bite lawyer for you. Seek a free consultation from multiple people and ask questions that will determine who has the time to devote to your case. You will want to find an attorney who will communicate with you well and who truly cares about you and the outcome of your situation.
Schedule a Consultation with Lee, Gober & Reyna Today
Dogs are supposed to be man’s best friends, but sometimes they become aggressive and attack. When that happens, these powerful animals can cause serious physical, emotional, and financial damage.
The experienced Texas dog bite lawyers at Lee, Gober & Reyna, Texas Personal Injury Attorneys are ready to fight for you. We will help you get the compensation you need to cover your losses. Call us today for a free consultation about your case.