Dogs are known as “man’s best friend,” but there is an alarming number of instances each year in Florida when someone is attacked by a dog, for any number of reasons. In fact, the CDC has estimated that there are roughly 4.7 million dog attacks in the US each year, with nearly 1 million of these attacks requiring medical care. Being attacked by a dog is extremely scary, and between their sharp teeth and powerful bites, the results can be catastrophic.
Dog owners must be held accountable for their pet’s actions, and one of the ways that this accountability is ensured is by filing an injury claim against their insurance company, or a personal injury lawsuit directly against them. There are many different factors that you will need to take into account before determining the most appropriate course of action, but know that you have options, such as hiring a Jacksonville personal injury lawyer from Fasig | Brooks.
Hire a Personal Injury Attorney For Your Dog Bite Today
In the event that you have been attacked by a dog, it is important that you partner with a legal professional who is able to provide you with the guidance and representation that you deserve while you are focusing on recovering from your physical and emotional injuries.
The team of Jacksonville personal injury lawyers at Fasig-Brooks is available to help you with your case as soon as possible. We offer free initial consultations to all dog bite victims, where we will be able to discuss the attack in detail, as well as any of the steps that you have already taken, the impacts that your injuries have had on your life, and more. Sometimes, just talking to someone who understands the rights that you have moving forward can be an enormous help.
Read more below for some general information about dog bites in Florida. In order to get a specific idea of your options, and to learn about why Fasig | Brooks is the right team for you to partner with through this difficult time, contact us now.
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Key Services of a Dog Bite Lawyer
Recovering compensation if you are injured by someone’s dog requires knowledge of Florida laws that address dog owners’ duties and an understanding of how insurers work. Before your attorney can file a personal injury claim, you must report the bite to the Jacksonville Police or the Duval County Sheriff’s Office, and your attorney can help you with this task. The state enforces a law that requires dog owners to stay current with annual rabies and rabies booster shots. The officer who responds to your call will interview the dog owner to determine if the dog’s vaccinations are up to date, and if they are not, the dog will be taken away and quarantined.
Florida residents with home mortgages are required to carry homeowners’ insurance, but the state advises that even if a mortgage is paid off, this insurance can help a lot when someone is hurt on the property, such as in a dog bite case. Our attorneys are skilled negotiators who understand the tactics insurers use to pay out claims that often do not cover the losses incurred.
Insurers rely on your financial vulnerability if your medical bills are mounting and you do not have a paycheck coming in while you recuperate. They also question whether you are a trespasser and have no legal right to be on the property where the dog bites you, or whether you contributed to your own injuries by provoking the dog.
We negotiate from a position of strength, armed with evidence that bolsters your claim. Evidence we collect can include:
- Other complaints about the dog’s aggression
- Where the attack happened to determine whether the dog was properly contained or leashed
- The extent of your medical care related to the dog bite
- Witness statements
- Cell phone pictures
- Whether the dog is licensed in Duval County
Your attorney will use this information to build a persuasive case and get you a suitable compensation award, either from the insurance company or by filing and winning a lawsuit. Our job is to timely file necessary paperwork and employ the law in pursuit of justice.
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Statute of Limitations for Dog Bite Claims
A dog bite claim is considered a personal injury based on negligence by the owner, even though owners are strictly liable for the damage their dogs cause, whether they have been aggressive in the past or not. This categorization governs how long Florida allows you to file a lawsuit. The statute of limitations is two years from the date of the dog bite. That may seem like a long time, but it takes a long time to build an airtight case, gather evidence, including speaking to witnesses, and understand the extent of the damage the bite does to you. Failing to meet the deadline means your case will be dismissed with no resolution.
There are exceptions to this rule, including for injured minors who technically cannot sue in Florida. The clock is tolled, or paused, and the two-year window opens on the minor’s 18th birthday. There are also exceptions for legal incapacity if the dog attack leaves a person so injured that they cannot function, for instance, they are in a coma. The court will appoint a guardian to act for the injured party or wait until they recover mental capacity. These laws are specific, and an informed attorney ensures your claim is handled properly.
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What To Do After a Dog Bite in Jacksonville
After a dog attack, the most important thing to do is to prioritize your medical needs. Dog bites have a tendency to get infected, which can cause even more damage than the initial bite, including blood poisoning, fevers, loss of sensation around the bite, and more. When you see a doctor, they will be able to address all immediate medical needs, and will also be able to treat your wound in a way that will help to avoid future problems. In addition, this is an important step so that you will have official records of your injuries that will be central to your injury claim.
After you have seen a doctor, contact a lawyer as soon as possible to get support for the upcoming legal process. If the dog owner has an insurance policy that covers the attack, you will benefit from hiring an attorney before even initiating a claim. As soon as an insurance company becomes aware of a claim against their policy, they will spring into action to find every way possible to limit the amount that they ultimately pay, and a lawyer will help to protect your interests over anyone else’s.
Florida Dog Bite Law
Florida Code Section 767.04 states that “The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner’s’ knowledge of such viciousness.” Essentially, if you are attacked on a property that you are legally allowed to be on, whether or not the dog has any history of aggression, that you are able to seek compensation. This differs from some other states that do not hold an owner accountable for a first-time attack by an otherwise friendly dog.
According to this section of the Florida Code, the owner is always liable for their dog’s actions. However, there may be other people who are also responsible, including landlords, property owners, or other individuals who allowed for this dangerous situation to unfold. In order to determine who we will pursue for damages, we will need to go through every detail of the circumstances in order to develop a comprehensive strategy for getting you the money that you deserve.
Determining Compensation After a Dog Bite Injury in Jacksonville
As with all personal injury claims, it is important that we come to the negotiation table with comprehensive supporting data about why we are requesting the compensations that we have calculated. When working directly with an insurance company without legal representation, the insurance company will use your inexperience to their advantage by questioning every line item and pushing back on as much as possible. This is the same tactic they will take with an attorney, but they are more willing to negotiate when they know that they are dealing with a trained and experienced professional.
The following are brief examples of the types of damages we will need to calculate for your claim:
Economic Damages
Economic damages are the primary damages of a personal injury claim because they seek compensation for the measurable financial impacts that an injury has on a victim. They include all related medical bills, as well as any lost wages or impacts on the victim’s earnings. In addition, they include all other costs or losses that are related to the injuries, such as services that you hire to do otherwise routine tasks such as grocery shopping or housekeeping.
Non-Economic Damages
Non-economic damages are more complicated to calculate and will be met with more aggressive resistance by the insurance company because of their abstract nature. They include things like the actual pain and suffering of your injuries, as well as the emotional impacts that the dog attack has had on your life. While these are certainly harder to put a dollar value to, they are just as important, and we will fight to ensure that your damages are taken seriously.
Contact Us Now
The first step towards getting a personal injury settlement that you truly deserve after a dog attack in Jacksonville is to partner with an experienced and aggressive law firm. Fasig | Brooks is ready to provide you with the legal support that you need in order to get through this process with as little stress as possible so that you can focus on recovering without taking on the emotional burden of a legal case.
Contact us now for your free initial consultation.
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