Parkersburg Dog Bite Lawyer

If you have been injured by a dog bite, the recovery period can be very challenging. Many people do not take dog bites seriously but the potential injuries can include disfigurement and infections. They can even be fatal, especially if the victim is a vulnerable person or if multiple dogs were involved in the attack.

Complicating recovery is the fact that many attacks are from dogs the victim knows. The dog’s owner is most likely a friend, neighbor, or family member. It can feel awkward pressing them for medical bills or other forms of compensation in a personal injury claim. However, you deserve total compensation for your injuries. In most cases, you will not be dealing with your friends or family members but with their insurance companies. A Parkersburg dog bite lawyer could handle the negotiations for you.

Getting Compensation for a Dog Bite Claim

More significant injuries mean a more expensive claim, which can lead to some unfair treatment from the insurance companies. Since they are the ones negotiating, not the dog’s owner, a plaintiff can be at a major disadvantage. A Parkersburg lawyer helps out a dog bite claim in several ways.

First, they can assess the circumstances of the bite and let a plaintiff know if there is any reason that the dog owner would not be liable.

They can also help the plaintiff value their claim. Dog bites can come with expenses and damages that last for years. A person may need a series of operations to repair any damage and have trauma associated with disfigurement. A lawyer can help him or her assess whether a settlement offer is fair, negotiate for a higher settlement, or suggest when to bring it to court.

Attorneys can also help with collecting evidence. West Virginia does not require establishing that a dog has a history of biting people to recover damages. Still, a plaintiff must prove which dog attacked them, that they were legally allowed in the place where the dog was, and that they did not provoke the dog. A lack of provocation is a defense that many insurers or dog owners raise, so a dog bite lawyer should be prepared to counter that claim.

Dog Bite Liability

Some states impose strict liability on dog owners whose pets bite, while others allow dogs one “free bite” before liability takes hold. West Virginia takes a middle-of-the-road approach, sometimes imposing strict liability on dog bite claims and at other times requiring victims to establish negligence. There are four elements to a negligence claim:

• Duty of care
• Breach of duty
• Causation
• Damages

The dog owner may be negligent if they had a duty to manage their dog, they violated that standard of care, and neglect led to the dog bite, which caused damages to the plaintiff.

A dog owner in Parkersburg who lets their dog run at large (unrestrained and off the owner’s property) is responsible for any dog bites that occur. Those bites are strict-liability. However, if the dog was restrained on a leash or the owner’s property, then the state follows a one-bite rule. In those instances, the dog’s owner is only legally responsible if they knew or should have known that the dog was dangerous. Generally, this requires knowledge of the dog’s prior aggressive behavior. Aggressive behavior does not mean an attack on a person—it could simply mean the dog killing another domestic animal.

Consult a Parkersburg Dog Bite Attorney About Your Claim

You have two years to bring a dog bite claim. Minors whose parents do not bring a claim when they are underage will have two years after they turn 18 to bring a lawsuit of their own. While two years seems like a lengthy period, it can go by very quickly when someone is recovering from a severe injury.

Our team can investigate the circumstances of your claim, inform you whether the dog owner will be liable, and advise on your next possible steps. Schedule a free consultation with a Parkersburg dog bite lawyer at our law firm to learn more.