Raleigh Dog Bite Claims
Raleigh dog bite claims refer to an instance where a dog bites, attacks, or injures another person, that person seeks medical treatment, and then desires compensation for the injuries and treatment that they sustained. If you want to pursue a dog bite claim, it is imperative that you get in touch with a dog bite lawyer that can help. A skilled personal injury attorney can investigate your case and determine whether you have a claim or not. They can also help you file your claim, and can work diligently to advocate for you.
Procedure for Filing a Dog Bite Claim
An injured person would want to get in touch with the insurance company of the dog owner to see if they have any facts or information that would indicate the person was in some way at fault for the dog bite.In order to bring a claim, an injured person must contact the insurance company and let them know that the dog bite happened. They will need to present medical bills, medical records, documentation of time off work, and other damages and losses that may have been sustained.
An injured person would contact an attorney, who in turn would attempt to settle the case with the owner of the dog and the insurance company. If that is not successful, then they would proceed to file a lawsuit. The venue (court where lawsuit is filed) can be where the incident occurred, where the injured person lives, or where the person who owns the dog lives. If the event occurred in the neighborhood where everyone lives, that would be an easy choice. It may take a couple of months or so to file a complaint, but it could take several years to resolve it.
Research That Goes Into Filing a Claim
The attorney would need to know information about the breed at issue and specific information about the dog at issue. They would also need to know what any witnesses or neighbors or other people may have observed about the animal and whether there were any other complaints filed or reported with Animal Control Services in the past. An attorney might also look into any local animal ordinances that may apply and whether they were violated in any way.
What Happens After a Claim Is Processed?
After Raleigh dog bite claims are processed, the insurance company will decide whether to accept or reject liability. If they accept liability, they will make an offer to the injured person for money damages to settle the matter. If they do not accept liability, they will not make an offer to settle the case. At this point, the injured person may accept the monetary offer and settle the case, reject the offer and proceed to trial, or if no offer is made, to proceed to trial.
Factors That Can Impact a Person’s Claim
If there was prior knowledge by the dog owner that the dog was dangerous or had attacked someone else before, or if there were witnesses who observed the incident and will back-up their story about the dog being the aggressor, that can positively impact a person’s claim.
A dog’s proven history of violence can be critical in proving Raleigh dog bite claims because the owner is not necessarily liable just because their dog attacked someone. There has to be some knowledge on their part that the animal had a dangerous propensity or that the animal had a history of being aggressive.
However, if the dog has no history of dangerous actions or aggressive behavior and the owner acted reasonably, given the circumstances that can hurt the plaintiff’s case, especially if the injured party had their pet off a leash or their dog was the aggressor.
Statute of Limitations in Dog Bite Cases
The statute of limitations is three years from the date of injury; or, if the injured person, unfortunately, passes away from their injuries, two years from the date of death. That is why it is so important for you to get in touch with a qualified dog bite attorney that can help. If the statute of limitations expires before your claim is filed, then it may be barred. If a minor child is injured, for example, they cannot settle their case on their own. There would be a court hearing to have their parents or a Guardian ad Litem appointed to represent the child’s best interest. The Statutes of Limitations are obviously important, but will not run until their 19th birthday. Consult an attorney about filing a Raleigh dog bite claim as soon as possible.