You are likely eligible to receive compensation if a dog bit you or caused other harm to you without your fault. However, there are some errors that you and your attorney must avoid in order to obtain this compensation. Read on to learn more and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation if you have been bitten by a dog in Southern California.
Not filing a personal injury claim
Making no attempt to file a claim at all is the first error that dog bite victims make. They might not be aware that they are entitled to compensation, or they might even be persuaded to think the bite was an accident caused by an otherwise friendly dog. The truth is that the character of the dog does not actually matter in California. Regardless of whether the dog had previously displayed any aggressive tendencies, dog owners are absolutely liable for the behavior of their animals.
Not getting help from an attorney
The second error that dog bite victims could make is not seeking legal counsel from a personal injury lawyer with expertise in dog bite damage cases. The only way to be sure that you are knowledgeable about the legal issues involved in your case and are aware of your options is to hire an attorney.
Using witnesses improperly
In order to ensure that the evidence of the witnesses is accurate and valuable, it is crucial to conduct effective interviews with them. For instance, a witness who only says the dog was “scary” is significantly less helpful than one who describes the dog’s actions in detail (barking, growling, lunging, showing teeth, etc.). Unfortunately, a novice lawyer (or their employees) might not be aware of this.
Failure to obtain a professional medical evaluation
Given how frightening dog attacks are, it is very uncommon for the victim to have problems recalling every detail of the attack. But if a skilled expert has been hired to “read” this story, their wounds will tell the tale in a way that is very difficult for the defense to contest.
For instance, perhaps the dog knocked the victim to the ground, pinned them, and then clamped its jaws on the victim’s arm for a while. The defendant can make the claim that while to the victim the attack seemed to last for a while, it was actually over in a matter of seconds. But to a professional, the wounds will appear different since professionals can distinguish between a rapid puncture and a prolonged clamping and tearing. The distinction is significant because it has an impact on the amount of pain and suffering compensation that should be awarded.
Even if there is no disagreement over the attack’s details, a professional medical evaluation is still required to gauge the severity of the damage and estimate the victim’s future medical costs.
Agreeing to a settlement too soon
The last error that both the lawyer and the client must avoid is accepting a settlement too hastily. Before talking about a settlement, it is vital to wait until the victim truly understands all the costs associated with the accident, such as whether plastic surgery will be required to remove scarring.
Let us help with your case
If you choose to work with Law Offices of Fernando D. Vargas as your dog bite injury lawyer, you will not have to worry about these errors hurting your case. Contact us at 909-982-0707 for additional information.
