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Dog bites and attacks can be frightening, painful, and scarring, both physically and emotionally. If you were injured by a dog bite in New Jersey, you can receive damages for your expenses and suffering. Contact a New Jersey dog bite lawyer for more information today.
When it comes to dog bites, states typically adopt one of two statutes – the “one bite” rule or strict liability. The one bite rule essentially says that a dog owner will not be held liable if their dog bites someone if the dog had no prior history of aggression. Other states have strict liability statutes that hold an owner liable for the actions of their dog regardless of the dog’s history.
New Jersey adheres to the strict liability law for dog bites under NJ Statute Section 4:19-16.
It is important to understand, however, that there are some instances in which a dog owner may not face liability when a dog attacks another person. In the event that the injured party was trespassing at the time of the attack, the owner will not face liability. This is because property owners owe no duty of care to those unlawfully on their property. Additionally, you’ll find that if you were teasing, abusing, or otherwise provoking the dog immediately before the attack, the owner will generally be absolved of responsibility.
It’s important to understand that you do not have to bear the financial burden associated with dog bites if you have suffered damages as a result of the dog attack.
In general, you may be eligible to recover some of the following damages based on the unique circumstances of your claim:
Generally, when you file a claim for a dog bite injury, you’ll find that the dog owner’s homeowners’ insurance will cover these claims. However, if the owner does notify their insurer, or your damages exceed their policy, an attorney can help you fight for compensation directly from the owner.
It’s estimated that over 4 million people are bitten by dogs each year in the United States. As such, after a dog bites you in Essex County, there are several steps you should take to ensure your safety and begin preparing for legal action. If you need help figuring out where to start, refer to the following steps.
You should prioritize your physical health. Unfortunately, dog bites can be incredibly serious, as there is a high risk of infection if these injuries are not properly treated. As such, you should seek medical treatment immediately, especially if you have any broken bones, heavy bleeding, or deep wounds. Call an ambulance or make your way to the hospital for medical attention as soon as possible.
Having an official record of the incident can be crucial during the legal process. File an incident report with the police and animal control. Give them all the relevant information.
Evidence will be crucial during your claim or lawsuit. You should collect information, including the owner’s name and contact details, whether or not the dog is vaccinated, witness statements, photos, videos, and more.
You should retain all documentation related to your injuries and the care you have received. Not only can your medical records help in determining matters like pain and suffering and future care, but the bills you receive are integral to ensuring that you recover the compensation you deserve.
It’s not uncommon for the insurance company of the negligent party to reach out to you following a report. However, it’s critical to understand that these individuals are not looking to check in, but rather hoping to obtain information to reduce or deny your claim. As such, you should politely decline to speak with adjusters until you have consulted an attorney.
Contact a lawyer as soon as possible to obtain representation and gain a better understanding of the legal process and timelines that must be followed. Explain the details of your situation and get advice on the legal action you need to take.
Like most accidents, a dog bite or attack has a statute of limitations. The statute of limitations acts as a time restraint for a victim of an accident. An individual may only begin the process of filing a lawsuit or claim during the statute of limitations. If it expires, so does their right to pursue legal action.
In New Jersey, the statute of limitations for a dog bite is two years from the date of the incident. The earlier you begin the filing process, the better, so contact an attorney as soon as possible to begin initiating your claim and ensure you do not miss out on your opportunity to receive compensation.
If you have been injured by a dog in Livingston, Newark, or the surrounding communities, working with an experienced attorney with Rubenstein, Berliner & Shinrod, LLC is in your best interest. Our dedicated legal team understands how difficult these matters can be to navigate, which is why we will do everything possible to help you recover the compensation you deserve for your unique situation. Connect with us today to learn how we can represent you.
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