Austin Dog Bite Lawyer
Table of Contents
- Dog Owners Get “One Free Bite”
- Dog Bites and Negligence
- Dog Bite Lawyers and Insurance Companies
- Investigating Dog Bite Claims
- What To Do After a Dog Bite in Austin
- Statute of Limitations
- Call an Austin Dog Bite Lawyer Today
Dog attacks can be surprising and terrifying. Moreover, a dog bite or an animal attack can cause serious injuries. You may be able file the lawsuit towards recovering damages for your injuries. You can make a claim to show that the owner of the dog should be held liable for the injuries you sustained. An Austin dog bite lawyer can explain your legal options and help you get the compensation you deserve.
According to Texas data, 68 percent of all fatal dog bite victims were children aged 11 years old and below.
Many local governments in Texas, including in Austin and Travis County require that dog owners have their dogs restrained at all times.
You may file a legal claim based on the “one bite rule in Texas. You may also be able to file a negligence statute against the dog owners responsible for the domesticated animal. An Austin dog bite attorney can help you present your case to a judge or jury strategically and forcefully.
Dog Owners Get “One Free Bite”
An individual bitten by a dog or other domesticated animal may be permitted to seek compensation from the dog’s owner if either (1) the dog previously bit another person or acted though it was going to bite another person or (2) the dog’s owner was aware of the dog’s prior vicious conduct.
If neither of these conditions is true for your case then the injured individual may not file suit under the One-Bite rule in Texas. A dog owner may not be liable for an injury caused by a dog unless the dog owner knew of the dog’s vicious propensities or if the dog in fact had bitten someone before.
Texas Dog Bite Injuries and Negligence
Every dog owner has a duty to use reasonable care regarding dog ownership and stewardship. A dog owner’s negligence can make the dog owner liable for another person’s injuries. If an injured individual wants to obtain compensation from a negligent dog owner then the injured individual must prove the following:
- The negligent individual owned or was in possession of a dog
- The negligent individual had a duty to exercise reasonable care to stop the dog from injuring other people
- The negligent individual breached their duty of care by failing to stop the dog from injuring other people
- The negligent party’s breach was the actual and proximate cause of the damages and injuries to the injured individual
A dog attack lawyer can help you assess your case so you can determine the best course of action to take so you can recover the monetary compensation you deserve.
Negligence
Under Texas law, an owner of a dog or other domesticated animal is presumed to have acted negligently by violating an animal control law. A dog owner may violate an animal control law by taking a dog to a particular area without a leash, or by permitting the dog to wander aimlessly around a neighborhood.
If the dog later bites someone then this negligent behavior of the dog owner will be considered by the judge in a dog bite case. The negligence standards apply whether or not the negligent individual owns the dog.
Defenses
The dog owner may argue that the injured individual suffered harm because they were trespassing, or that the injured individual was contributorily negligent by enticing the dog or making the dog want to bite the injured individual.
You will need a knowledgeable personal injury attorney to help you counter the arguments defense counsel will put forward. Our Austin dog bite lawyers can help present the strongest case possible to allow you to recover the monetary compensation you deserve.
Consequences of Severe Dog Bites
Dog bites are not minor events. Bone fractures, exorbitant medical bills, abrasions, and dangerous infections can occur due to vicious dog bites. Victims and their families recovering from a dog bit may experience rising medical bills, lost wages, and pain and suffering. No one has to deal with these symptoms alone.
Call our dog bite lawyers today at 361-400-2036 so we can help you obtain the financial compensation you deserve.
4.5 Million Dog Bites in the United States Every Year
4.5 million people in the United States suffer dog bites every year. Dog bites are not always minor injuries. Dog bite victims experience violent attacks that have the potential to cause life-threatening harm and lingering disease. Negligent owners and handlers are often responsible for these vicious, sometimes fatal dog attacks.
An Austin dog bite lawyer can help victims of dog bites to fight for their legal rights in a court of law. The lawyers at our firm understand how to present facts and legal arguments to the judge and the jury. Our aggressive advocacy will enable us to pursue the maximum amount of monetary compensation for you.
Contact The Patel Firm today for a free consultation by calling 361-400-2036.
Dog Bite Lawyers and Insurance Companies: How to Handle a Dog Bite Lawsuit and Personal Injury Case
Insurance companies analyze dog bites or attacks according to algorithms that help them pay out as little money as possible. Claims adjusters look for ways to reduce the amount of claims the insurance company has to pay. The attorneys at The Patel Firm will help you stand up to the insurance companies and obtain the financial compensation you deserve.
Do not rest on your rights or allow the insurance companies to intimidate you and try to convince you to settle for less financial compensation than you deserve.
Investigating Dog Bite Claims
Insurance companies use various tactics to avoid paying out the financial compensation you should receive. An insurer might state that the injured person caused the vicious bite by provoking the dog. The insurer may also assert that the dog had no history or record of being violent toward people or animals.
The experienced dog bite lawyers at The Patel Firm will find the facts associated with the dog bite case. Our lawyers will perform the following tasks:
- Interview neighbors, police officers, animal control officers, and other witnesses who responded to the scene of the dog bite or observed its occurrence
- Documenting the scene of the attack by taking photographs and videos
- Procuring police reports, witness declarations, and animal control records
- Organizing and assessing medical records and treatment records
Expert Witnesses
Austin dog bite lawyers often hire expert witnesses to assist with trial preparation. Animal behavior experts, medical experts, and healthcare consultants. Treatment needs are unique to dog breeds. The particular body part injured during a dog bite is also important to presenting your dog bite case to a judge or jury.
Our Austin dog bite lawyers may also consult veterinarians to ensure that we are up to date on all the kinds of infections that can arise due to injuries from dog bites. Our use of expert witnesses can cost money, but we are willing to make sure that you present your case with as much substantive evidence as possible.
Settlement
Our Austin dog bite lawyers understand that most clients do not want to go through a full trial, and instead would prefer to settle their claims with the insurance companies. We will collect and organize all the relevant records in your case and produce a settlement demand to the insurance company representing the dog owner or the dog handler.
We spend hours researching and writing thorough settlement demands. Due to our understanding of how the insurance companies work, and how much ongoing litigation they are mired in at any one time, we can quite often settle the case with the insurance company without needing to file a lawsuit or go to trial.
Litigation
Some insurance companies will not want to settle under any circumstances. These insurance companies may challenge liability and contest the amount of damages. Our lawyers at The Patel Firm are ready to litigate and go to trial if the insurance company refuses to settle or does not offer a substantial amount of money.
Insurance claims adjusters will try to draft reports and correspondence that will decrease the amount of compensation you are entitled to as a Plaintiff. Do not trust what the lawyers representing the insurance company tell you about the extent of your injuries and the amount of financial compensation you may recover.
Our Austin dog bite lawyers will help you maintain a strong, professional attitude toward the insurance companies and their attorneys. You do not need to do any excessive research or legal analysis. You also will not owe our lawyers any fees unless we recover money for you in a settlement or a judgment.
What To Do After a Dog Bite in Austin
Calling one of our Austin dog bite lawyers is the first thing you should do after suffering a dog bite. Please consider taking the following steps after you assess your injury and get immediate medical care:
- Never sign any document you receive from an insurance company before consulting your lawyer and asking him or her for legal advice
- Do not provide the insurance company with a recorded statement or an interview if the insurance company requests these items from you
- Obtain emergency medical care and document all of your injuries and treatments
- Retain copies in one central location of all medical bills, e-mails, letters, receipts, and other documents related to your dog bite injury case
- Obtain as much information as you can from the dog owner or handler
- Do not wash the clothing items you wore the day you suffered a dog bite injury, and keep these clothes undisturbed so they can be analyzed by an expert witness later
- Take photographs of the injuries you suffered, the scene where you were attacked by a dog, and the dog that attacked you
- File a report with the police and the animal control office
Bystander Claims
Under Texas law, a bystander can recover monetary compensation after witnessing first hand a vicious dog attack on a family member such as a spouse or child. A Plaintiff can file a negligent infliction of emotional distress claim. Our lawyers at The Patel Firm will help you assess whether you or a family member who witnessed the dog bite may file a claim for negligent infliction of emotional distress.
Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress can both be used to compensate a bystander who was a family member. These bystanders must have suffered some physical consequence to recover for their damages caused by witnessing the traumatic event.
Dog Attacks That Occur on Rental Property
Some dog attacks occur on rental property, and depending on the circumstances of a particular case, an injured Plaintiff may be permitted to seek recovery from the landlord. The landlord may have known of the dog’s vicious propensities, and therefore the landlord could have taken action to remove the dangerous dog from the property.
The lawyers at The Patel Firm will assess the facts of your case and the corresponding legal authority to identify all potentially liable parties. Land owners, landlords, tenants, and commercial entities may all be liable for your dog bite injuries.
Statute of Limitations
If you suffer personal injury in Texas, and you want to file a claim in a court of law, you generally must file a claim within two years from the date the injury occurred. This deadline is known as the statute of limitations.
You do not want to wait and procrastinate after you suffer a dog bite injury. You need to contact a lawyer as soon as possible after you are injured so you can defend your legal rights. Call an attorney today at The Patel Firm so you can obtain the financial compensation you deserve.
Call an Austin Dog Bite Lawyer Today
If you have suffered injuries in a dog attack, there is a good chance that you are entitled to compensation for your attack-related losses. At The Patel Firm, our team is standing by to review your case and determine whether you have a claim. If you do, and you choose us to represent you, we will never collect any legal fees unless we win your case. To schedule your free case evaluation with a dog bite lawyer in Austin, call our office today at 361-400-2036 or contact us online.
The Patel Firm Austin Car Accident Lawyer
611 S Congress Ave Suite 215D
Austin, TX 78704
(512) 887-1447
