A Duluth dog bite lawyer can be a trusted guide during this difficult time. Dog bites are a serious concern in Duluth and throughout Georgia. These incidents can leave you facing a multitude of questions and challenges. Will you be responsible for medical bills related to puncture wounds, lacerations, or even surgery? Who is the liable party if the dog belongs to a friend or neighbor?
What steps should you take to protect your rights and ensure you receive fair compensation for your injuries and emotional distress? Barrios & Virgüez offers bilingual consultations at no cost, ensuring clear communication from the very beginning of the legal process. Our experienced personal injury attorneys are dedicated to protecting your rights and helping you recover maximum compensation after a dog bite attack.
First Steps to Take After a Dog Bite to Protect Yourself and Your Rights
In the aftermath of a dog bite, the shock and emotional distress can be overwhelming. However, taking some initial steps can help protect your health, document the incident, and lay the groundwork for securing fair compensation for your injuries. It is important to remember that Georgia is a “fault” state, and liability laws may apply to your case.
Here are some crucial steps to consider following a dog bite in Duluth:
Seek Medical Attention
This is the top priority. Address any injuries, including lacerations, puncture wounds, or serious wounds that may require stitches or surgery. Get a tetanus shot if needed, and follow your doctor’s recommendations for treatment and follow-up care. Keep all medical bills and records for documentation purposes when filing an insurance claim or pursuing legal action.
Report the Bite
File an official report with Duluth Animal Control. That incident report creates a public record of the attack and can be helpful in establishing fault. Animal Control may also investigate the dog’s history of prior bites or aggressive behavior.
Gather Evidence
If possible, take pictures of the bite wound, the dog, and the scene of the attack. These visuals can serve as valuable evidence when building your case. Try to get the name and contact information of the dog’s owner and any witnesses who saw the attack unfold. Their statements can be crucial in piecing together the events.
Common Injuries Caused By Dog Attacks
Medium and large dogs are capable of inflicting serious injuries. Among the most common injuries from dog attacks include the following:
If dog bites are not cleaned and dressed right away, they can become infected and cause further health issues and pain. Puncture wounds are especially susceptible to infections because bacteria can get trapped under the surface. Moreover, puncture wounds do not usually bleed and, therefore, do not clean bacteria from the wound via blood.
Post-traumatic stress disorder (PTSD) symptoms are often common after dog attacks. You may need to consult with an experienced emotional distress lawyer to understand your options for compensation.
Should a dog attack occur, seeking medical treatment is the first step. Not only does immediate treatment reduce the risk of infection and other injury complications, but it also provides a medical record that a dog bite lawyer in Duluth, GA, can use as evidence. It is also necessary to report the attack to the local police, animal control organization, or sheriff’s department, as this provides more evidence to strengthen the legal claim, as do images of the injuries.
Evaluating Georgia’s Dog Bite Laws
Some states follow the “one bite rule” concerning dog-related personal injury claims, such as Kansas, Alaska, Maryland, New York, and Mississippi. That rule protects dog owners from paying significant compensation to individuals who are “attacked” by their pets if the animals have no previous history of violence. Georgia is among these states and refers to the Responsible Dog Ownership Law in Duluth dog attack claims.
Dog Bite Statistics for Georgia
Dog bites are a significant concern in Georgia, with various statistics highlighting their prevalence and impact:
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National Context: Approximately 4.5 million dog bites occur annually in the United States, with about 800,000 requiring medical attention.
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Georgia-Specific Data: In 2022, Georgia reported 495 dog bite claims, resulting in $28.5 million in compensation.
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High-Risk Groups: Children are particularly vulnerable, with those aged 5 to 9 at the greatest risk for serious injuries from dog bites.
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Underreporting Issue: It’s estimated that only 17% of dog bites are reported, suggesting the actual number of incidents is significantly higher.
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Postal Worker Incidents: In 2022, over 5,300 U.S. Postal Service employees were attacked by dogs while delivering mail, underscoring occupational hazards.
If you or a loved one has been bitten by a dog in Duluth, a skilled attorney from our firm can help you pursue fair compensation.
How a Dog Bite Case Has Merit
For a Duluth dog bite case to have merit, the plaintiff must prove the attack was unprovoked and that the dog was not on a leash, behind a fence, or otherwise restrained. For example, an electrician stops by a dog owner’s house to perform rewiring work. The owner knew the electrician would arrive between 10:00 a.m. and 12:00 p.m., but did not restrain their dog.
The dog attacked the electrician upon entering despite the serviceperson ignoring the animal, causing them to sustain several puncture wounds. Even though the dog had no history of aggressive behavior, its owner did not restrain it and will likely pay the electrician economic and non-economic damages on the grounds of infection risks.
Some instances that exempt the owner from paying damages in Georgia involve trespassing or behaving inappropriately. If a person trespasses on the dog owner’s property and the canine attacks them for defensive reasons, the owner does not owe the individual duty of care. A premises liability lawyer can explain the difference and answer any questions.
Exemptions in a Dog Bite Case
Other exemptions include the plaintiff purposefully teasing, taunting, or trying to hurt the dog. If the canine reacts defensively, the plaintiff cannot claim damages. Such dogs are typically on leashes, in kennels or other enclosures, or behind fences when they are taunted or people try to hurt them.
Dog owner defenses can also include the dog protecting its owner. For example, if the plaintiff tried to injure the defendant and the dog intervened, the defendant is not liable. Military and police dogs are typically exempt as well.
For example, the individual cannot file a personal injury claim if a police dog (Or K-9) injures a criminal who just robbed a retail store. The dog was simply performing its duties as a member of the police team.
Why Dog Bites Occur
One of the factors that contributes to whether or not you may have a case against the property owner is the underlying cause of a dog bite or dog attack. They can occur for many reasons, and often, it is due to the negligence of the property owner. Here are some examples.
- The dog was not supervised in its unfenced yard, allowing it to run up to a person on the sidewalk.
- The dog was unleashed in a public area and bit someone who was nearby.
- A child visits a friend’s home where a dog bites them.
- A dog is encouraged to attack a person, whether it is for fun or reality.
- A person is in their own yard, and a dog that gets loose attacks them.
These are just some examples. In every case, our goal is to understand what occurred to you and what can be done to prevent further injury and risk to others. At the same time, you may be owed compensation for the injuries and losses you have suffered. We encourage you to reach out to a Duluth dog bite attorney right now for guidance and support.
Why You Should Take Action
It may have been a friend’s dog or a neighbor’s pet that bit you. It could have been a stranger. You may even think it was a simple mistake. Yet, in all of these situations, it is critical to realize that dog bites are risky not just to you but to those who may also come in contact with the dog. Laws are in place to protect people, especially those who may be most vulnerable, such as children or those with mobility concerns.
Often, the property owner’s insurance company is responsible for paying these costs. It is not likely your neighborhood does so. That means a mistake occurred; someone did not do what they are required to do in protecting you and the community from the dog, and the insurance company for that person now needs to compensate for those losses.
You have legal options. Let us talk to you about your needs, including:
- What circumstances led up to the incident
- What type of evidence may be available about the dog’s behavior
- Information about the long-term complications from the dog bite or dog attack, such as ongoing care you may need or limitations
- How to file a claim for a dog bite with the responsible party (and why you should do this with the help of an attorney instead of trying to navigate it yourself)
- The steps you can take to get compensation that fits the crime, which may involve going to court in some situations
Contact our offices now to discuss your case. We have the experience and compassion to help you through this process and maximize your compensation. Talk to a dog bite attorney in Duluth, GA, today.
The Statute of Limitations in Georgia Regarding Dog Bite Cases
Georgia’s statute of limitations is the same for car accidents, dog bites, or any other type of personal injury. Since dog bites are a type of personal injury claim, a plaintiff has two years to file their claim with assistance from a dog bite lawyer in Duluth.
The two-year rule applies to injuries the plaintiff sustained, such as puncture wounds and head trauma. If the plaintiff’s property was damaged because of the incident, such as damage to their vehicle, they have two years to file a property damage claim.
Common economic and non-economic damages in dog bite cases include:
- Emergency medical expenses
- Trauma counseling
- Ongoing physical or occupational therapy
- Pain and suffering
- Mental anguish
- Lost wages
- Disability
- Emotional distress
Economic damages refer to monetary losses relating to the accident, while non-economic damages concern the emotional and psychological turmoil it can create.
Punitive damages, where the defendant is “punished” for extreme wrongdoing, are not common in dog bite cases. For such damages to apply, the owner must have purposefully tried to harm the plaintiff with their dog or has been a continual menace to the neighborhood with their dangerous canine. Your layer can explain what qualifies for punitive damages in Georgia.
Talk to an Experienced Dog Bite Lawyer in Duluth Today
Dog bite injuries can range from minor to severe, and the financial burden of medical bills, lost wages, and emotional distress can be significant. A qualified Duluth dog bite lawyer can explore all legal avenues available to you, including wrongful death lawsuits in tragic cases. They can fight for maximum compensation to cover medical expenses, lost income, pain and suffering, and any scarring or disfigurement resulting from the attack.
Remember, you are not alone. Our attorneys at Barrios & Virgüez are trusted legal advocates who can help you understand your rights, gather evidence, and pursue the compensation you need as you focus on healing and recovery. Contact us today to schedule a free consultation.
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