What should I do immediately after a dog bite in San Jose?
After a dog bite, it’s important to seek medical attention right away, even if the injury seems minor. You should also report the incident to local authorities and take pictures of your injuries if possible. Contacting a dog bite lawyer as soon as possible can help protect your legal rights.
Who can be held liable for a dog bite in San Jose?
California follows strict liability for dog bites. This means that a dog owner is liable for any injuries their dog causes, regardless of whether the dog has shown prior aggressive behavior. Therefore, it’s not necessary to prove that the owner was aware or should have been aware of the dog’s aggressive behavior. The owner is liable if the victim was lawfully on public or private property and was bitten.
Can I sue if a dog bit me on private property?
Yes, if you were lawfully on the private property and the dog owner failed to properly control or restrain the dog, you may have grounds to file a lawsuit. A lawyer can assess the specifics of your case.
How long do I have to file a dog bite claim in San Jose?
In California, the statute of limitations for personal injury claims, including dog bites, is typically two years from the date of injury.
What compensation can I receive for a dog bite injury in San Jose?
Victims of dog bites may be entitled to compensation for medical expenses, lost wages, pain and suffering, and emotional trauma. Compensation depends on the severity of the injury and the circumstances of the case.
What if the dog bite occurred while I was working?
If you were bitten by a dog while performing your job duties (such as a mail carrier or delivery person), you may be entitled to workers’ compensation benefits as well as a personal injury claim against the dog’s owner.
Do I need a lawyer for a dog bite claim?
While it is possible to handle a dog bite claim without a lawyer, having legal representation can significantly improve your chances of receiving fair compensation. A lawyer can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Can I file a dog bite claim if the dog has no prior history of aggression?
California does not follow the “one-bite rule.” This doctrine applies in states where a dog owner is only held liable if their dog has a known history of aggression. However, California’s strict liability law means the owner can be held liable for a bite, even if it’s the first time the dog has bitten someone.
What should I do if the dog owner is a friend or family member?
While it may feel awkward, it’s important to remember that dog bite claims are typically paid by the dog owner’s homeowner’s or renter’s insurance, not out of their personal finances. This allows you to seek compensation without financially harming your friend or family member.
What are my legal rights if my child was bitten by a dog?
If your child was bitten by a dog, you have the right to seek compensation for medical expenses, future treatment, and emotional trauma. Cases involving children can often result in higher compensation due to the long-term impact on the child.
Does San Jose require dogs to be leashed?
San Jose and many other municipalities in California have leash laws that require dogs to be restrained in public areas. If a dog was not properly leashed at the time of the bite, the owner could be found negligent.
What if a dog bite leads to infection or complications?
If you experience infections, nerve damage, or other complications as a result of a dog bite, you may be entitled to additional compensation. It’s important to document all medical issues related to the injury.
Can I file a claim for a minor dog bite?
Yes, even minor dog bites can result in medical bills, emotional distress, and other losses. It’s always a good idea to consult with a lawyer to evaluate your case and ensure you receive appropriate compensation.
What evidence should I collect after a dog bite?
You should collect contact information from the dog owner, any witnesses, and document your injuries with photos. A copy of the police or animal control report will also be valuable in building your case.
How much does it cost to hire a dog bite lawyer in San Jose?
Most dog bite lawyers work on a contingency fee basis, meaning they only get paid if you win your case. There are typically no upfront fees, and your lawyer will receive a percentage of the settlement or judgment.