A dog attack is more than physically painful – it is traumatic. In the worst attacks, there may be a question of how to proceed. Should you hold the owners criminal or civilly responsible? In some instances, both may be appropriate. Read on to find out more about the options after a dog bite injury and then contact Law Offices of Fernando D. Vargas at 909-982-0707 or contact@accidentslawoffice.com for a free legal consultation.
Criminal charges after a dog bite
In some instances, the owner of a dog could face criminal charges after their dog bites a person. You do not have control over this – the local District Attorney will. If the prosecution does file charges, they must prove that he dog was dangerous as defined by California law. This means that one of the following are true:
- The dog bit without being provoked at all
- The dog’s owner has a previous conviction related to dog fighting
- The dog bit, injured, or killed another animal twice in the last three years
- The dog was aggressive enough that a person had to defend themselves twice in the last three years
While you cannot decide for the DA that they should file charges, you may be able to provide evidence that they should.
Civil action after a dog bite
If you are bit by a dog in the state of California then the good news is that the owner is under strict liability, which means that it does not matter if they knew their dog was capable of biting – simply owning the dog makes them liable for damages. You could file a dog bite injury claim for damages including pain and suffering, current and expected further medical bills, scarring, lost wages, and reconstructive surgery.
In most cases, the compensation for a dog bite injury is covered by the home insurance policy of the homeowner. Your personal injury attorney can negotiate with the insurance agency for the best possible settlement or take the case to court if necessary. Either way, you only have two years to file your case so it is important to act sooner rather than later.
What to do after a dog bite
Regardless of what you think should be done after a dog bite, whether you think civil and / or criminal charges should be brought, you should report the situation to the police. This can begin a criminal investigation and will serve as evidence in your civil case. Then reach out to a personal injury attorney who can help.
When you contact Law Offices of Fernando D. Vargas at 909-982-0707 we will begin with a free legal consultation. We can work directly with the insurance company to get you the best possible compensation. Our fee comes from the recovery we get for you so there is no upfront charge – and you owe nothing if we do not win the case.
