Would you be surprised to learn that there are nearly 90 million dogs in the United States? Considering that dogs have been given the superlative “man’s best friend,” this statistic may not be that hard to believe. However, there are also roughly 4.7 million dog attacks each year, with around 800,000 of those attacks requiring medical intervention. In many of these cases, the victim did nothing to provoke the dog, and the dog may have never shown any indication of aggression in the past.
Regardless of whether or not this is the first time that the dog had acted aggressively to a person, the victim of a dog attack has rights, and part of those rights are for compensation. If you have been attacked by a dog, the upcoming legal process can become overwhelming quickly, which is why working with a professional Orlando personal injury lawyer is a great idea for anyone hoping to get justice for their suffering.
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After any injury, trying to navigate a complicated legal process in order to get the compensation and justice you deserve can be extremely stressful. Whether you are dealing directly with the owner of the dog, or if you are filing an insurance claim that covers the attack, you can be certain of one thing: the defendant will be taking aggressive steps in order to save themselves money, by limiting the amount that they ultimately pay out to you.
The team at Fasig | Brooks understands the process of personal injury claims, and has the experience that it takes to fight for what you deserve. Our history of successes with a variety of personal injury case types is a great indication of the level of care and support that you will get as one of our clients.
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Read more below to get a better general understanding of how dog bites are handled in Flroida, and contact us now to request a free initial consultation and case evaluation. During this consultation, we will be able to talk about your experience in detail, as well as provide you with insight about what you can expect in your upcoming claims process, and how we can help.
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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.” Simply put, a dog does not need to have a history of aggression for the owner to behalf liable for the injuries that a first-time attack may cause.
If you were on public property, or private property that you were lawfully entitled to be on, and were attacked by a dog, then you have the right to seek compensation for your damages. However, Florida uses comparative negligence in dog attack cases, meaning that before you are awarded compensation, your award will be reduced by the percentage that you are found liable for the attack.
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What To Do After a Dog Bite in Orlando
The most important thing to do after a dog attack is to get medical attention. Dogs have sharp teeth, and many breeds have extremely powerful bites that can do serious damage such as puncture wounds, tearing to soft tissues, and more. In addition, many dog bites may become infected, meaning that you will have a range of secondary medical issues you will need to deal with if the wounds are not treated properly.
Once you have gotten the emergency medical attention that you need, the next step is to contact a personal injury attorney as soon as possible. You can be almost certain that the owner of the dog will take immediate action to get legal protection, and the longer you wait to do the same, the more leverage the defendant may be able to put into place.
The same is true if you are filing a claim with the dog owner’s insurance company. When an insurance company receives a claim, they immediately take action in order to limit the amount that they ultimately pay a victim. This is true for car accidents, dog bites, and any other personal injury claims that they will handle. Hiring aggressive legal support BEFORE filing a claim is one of the most prudent steps that you can take.
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Determining Compensation After a Dog Bite Injury in Orlando
The following sections are brief introductions to some of the factors that go into determining the final award that a victim is given in a personal injury claim. Your award calculations, like your injuries, are unique to your situation, and will require that we take a close look at all of the impacts before we are able to begin our negotiations.
Comparative Negligence
Comparative negligence states that a victim of a personal injury is still entitled to damages if they are less than 50% responsible for the accident, but that their final award will be reduced by the percentage that they are found to be responsible for the incident. For example, if the dog owner and their defense team successfully argue that you are 10% responsible for the attack, and your damages amount to $100,000, you will be awarded $90,000 following the 10% reduction.
Economic Damages
Economic damages apply to all of the measurable financial impacts of an accident, including all associated medical bills, recovery costs, and impacts to your earnings. In addition, we will include line items for any services that you would have normally performed yourself, but were forced to hire help during your recovery, such as grocery shopping, driving, or household tasks. Economic damages are awarded on a 1:1 basis, meaning that you will not be given any additional compensation based on these impacts.
Non-Economic Damages
Non-economic damages cover all of the “intangible” impacts of an accident, including things like the actual pain and suffering of your injuries, and the emotional trauma that you must endure following such a terrifying experience. These damages are much more difficult to calculate and insurance companies will focus a lot of their energy on attempting to deny these payments, but we will fight to make sure that you are treated fairly as we negotiate for a fair settlement. These damages are often calculated using a “multiplier” that is applied to your economic damages in order to reach an actual monetary value.
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The sooner you schedule your free initial consultation, the sooner you will be able to look towards the future with confidence, knowing that there is an experienced and aggressive dog bite attorney in Orlando who is fighting for your rights. Mental stress has been proven to have enormous negative impacts on physical recovery from wounds, so by hiring a lawyer to take on the complex legal process of a personal injury claim, you are giving yourself a better chance of recovering.
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