Since they are such popular pets in With Arizona communities, a dog bite incident may be common. If not, ask your local mailman or delivery person. However, depending on the type of dog and the situation, these dog bites can negatively affect the victim. Both physically and emotionally. Dog attacks by breeds such as pit bulls or German shepherds can leave significant after-effects.
But what happens if your dog bites someone in With Arizona? What should you do if a dog attacks you or your family? In the event of a dog bite injury, it is best to seek expert legal help. Damage caused by these animals can leave you with huge expenses and permanent injuries. With the help of a skilled attorney, you can get the compensation you deserve.
If the thought of the entire legal process seems overwhelming, don’t worry. It’s a lot easier than you think. The attorneys at Tops Injury Law Group will handle all the paperwork, talk to the right people, and get you and your family a satisfactory settlement.
Contact Tops Injury Law Group today at (480) 470-2299, or consult with us online about your case. Let us guide you through your personal injury case.
If a dog bites you, you may be entitled to receive compensation for your medical bills, property damage, and even pain and suffering. Dog owners have a responsibility to ensure that their pet doesn’t endanger others. Even if you already brought criminal charges against the owner, you can also file a case in civil court. Often, you will want the help of a dog bite injury lawyer with experience with dog bite cases.
Whether you are confident in your case or not, the legal landscape can be daunting. Fortunately, we are here to help. At Tops Injury Law Group PLLC, our personal injury attorneys have more than 100 years of collective experience representing clients in cases like yours. To ensure that you make an informed decision, here is everything you need to know about hiring a top Phoenix, Arizona dog bite lawyer.
A dog bite attorney will make sure that the dog owner is held financially responsible for their actions. Hiring a dog bite injury lawyer firm with experience not only guarantees your interests are heard in court, but also helps you navigate how, where, and when to proceed with the case. Plus, they can advise you on best practices as they relate to the With Arizona legal code.
While there are many reasons to hire a dog bite lawyer, perhaps the most important one is getting the proper legal aid. A dog bite attorney has the training and expertise to navigate the legal process on your behalf. They are experts on the pertinent laws and understand what it takes to win in court.
A lawyer will take the complexities out of the legal system and distill them down to the essential components so that you fully understand your legal position. That can include appropriately challenging evidence during the trial and filing paperwork on time. These actions will provide you with the best chance of winning your case and avoiding any potential pitfalls.
Only one percent of dog bite victims who suffer injuries receive compensation. Even if there is a rock-solid case, you need a dog-bite lawyer to have any chance of earning damages. Just because you hire an attorney, though, does not mean the case is going to court.
It is no secret that court cases can be expensive. More often than not, it is in the best interests of all parties involved to settle the dispute out of court. According to a government survey, 97% of civil suits end out of court or without a trial, with plaintiffs receiving $4.4 billion in damages annually.
If you and the other party decide you want to settle out of court, a dog bite injury lawyer will be there to represent you during the negotiating process. These negotiations require the same meticulous and persuasive maneuvering as the courtroom but without the same legal stakes. A lawyer will ensure you receive a fair deal by maximizing leverage and dictating the agenda.
Of course, not every case can be settled out of court. If you believe your lawsuit should go to court, a dog bite lawyer can make sure you have the materials and evidence to win. Having a lawyer can provide an accurate picture of the legal process, which will go a long way toward minimizing stress and hassles.
The choice of whether to hire a dog bite attorney is a case-by-case consideration. If there is a significant injury, at a bare minimum, you should have a complimentary consultation with a lawyer. This meeting will assess your chance of winning based on evidence, witness testimonials, and other elements of proof.
We have already touched on several reasons to hire a lawyer for dog bite cases. In a nutshell, a dog bite injury attorney serves as a knowledgeable guide when it comes to representing clients and putting them in the best position to win their cases. Here are three other essential reasons to hire a dog bite attorney:
Most likely, you are not an expert in the intricacies of With Arizona law, and that’s okay. That’s why lawyers exist. They are here to understand, interpret, and utilize existing law to build your case. Especially in dog attack cases. They will help you understand questions like how much is a dog bite lawsuit worth.
For instance, With Arizona is a strict liability state when it comes to dog bite incidents and attacks. While many other states have a one-bite or negligence statute, knowing this information while dictating how to proceed with gathering evidence and negotiating claims is vital. Becoming an expert on pertinent civil code is already a challenge, though the task may be more daunting if you’re nursing injuries in the process.
Lawyers have academic knowledge as well as practical experience. More likely than not, they have handled cases exactly like yours and understand how the process works from start to finish. Real-world experience is an invaluable asset, especially compared to the armchair lawyers espousing legal advice online.
Additionally, dog bite lawyers have access to a wide range of legal resources. They can make use of the help of paralegals to aid in research or investigators to collect evidence. Having a team of attorneys on your side will offer legal prowess that you wouldn’t ascertain on your own.
Dog bite injury lawyers are personal advocates. They are there to support you throughout the entire case. Their responsibility is to represent your best interests and communicate those during negotiations in a sound and persuasive manner.
Furthermore, they will fight to prosecute the party at fault to the fullest extent necessary. Dog bite lawyers work until the dog owner is brought to justice. This tenaciousness ensures the legal system holds the liable party responsible for their actions, and you receive the compensation you deserve.
Negotiating can make all the difference in the outcome of a case. Ideally, a lawyer will represent your interests, present your claim, and determine a settlement without you having to step foot in the courtroom. Although it is unknown precisely how much the dog bite lawsuit payout will be, with a quality attorney the victim will recover damages. Dog bite attorneys who excel in negotiating will ensure this process goes as smoothly as possible.
Coming out ahead requires presenting information persuasively and powerfully. This ability hinges on a lawyer’s legal expertise, as they use research, witness testimonies, and other forms of evidence to lay out their argument. The goal is to take this information and form it so that it bolsters your claim.
While monetary compensation is often a goal for victims, this outcome is not also possible. For instance, there might not be enough evidence to convict the defendant of criminal charges or prove strict liability. In these cases, a lawyer might help by opting for an offer-concession negotiation.
An offer concession, as the name suggests, involves moving from the initial offers toward a point of concession. The middle ground improves the odds of reaching a compromise and avoiding a formal trial. The tactic also allows parties to walk away from the table, feeling as though they received a good deal.
In Arizona, the dog bite law is strict and always supports the victim of an attack with injuries. Civil Code 3342, otherwise known as the With Arizona Dog Bite Statute, is the most pertinent piece of legislation. It provides the outline for qualifying cases as well as exceptions. The beginning of the code reads:
The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place.
Civil Code 3342
There are a couple of important takeaways from this passage. The first is that In Arizona dog bite cases come with strict liability. Therefore, individuals or parties are responsible for their pet’s actions.
Even if someone takes the necessary precautions to mitigate harm, they are still liable if an injury occurs. For instance, an owner might install an electric fence to contain their dog, but the dog still breaks through and bites someone. This concept is especially stringent if the defendant has a dog that is known for dangerous tendencies.
The second operative phrase is in a public place or lawfully in a private place. Public places are any spaces open to the general public. That includes sidewalks, parks, alleys, malls, stores, and parking lots.
Some people also have the right to go on private property so that they can perform their job. This list includes mail deliverers and parking attendants, who may need to step onto private property to drop off a package or write a parking ticket. An individual can also get explicit or implicit consent to go on private property from the owner, though there may be restrictions on where the guest can go.
Civil Code 3342 lists four exceptions where the defendant would not be strictly liable, including:
Knowing these requirements to prove liability will give you a sound starting point to decide whether to file a lawsuit. Even if you know someone was in the wrong, you have to prove it in court. That requires providing evidence that supports your claims and persuades the court to compensate for damages.
Take the time to accumulate evidence after receiving proper medical attention. The moments after the attack may also require calling 911 or animal control. Ideally, this period is when you would exchange information with the defendant, including their name, phone number, and address.
One of the best things to do when proving liability in a dog bite case is to write or record everything. Make meticulous notes of the time, place, and events surrounding the incident. Recording these details while they are fresh in your mind will lend them more credence during negotiations or trials. If you experience pain and suffering because of the attack, record your thoughts and feelings, too.
Yes. Collect evidence with photos and videos. That can include images of the injuries, the crime scene, the dog, the general location, and damaged clothing. This documentation is priceless when proving your claims. Note that if a dog rips or bloodies your clothing, preserve those articles in their unadulterated state.
If possible, talk with people who witnessed the incident and report their testimony. Their perspective can support your record of the events as well as physical evidence. You can also talk with neighbors, who may not have seen the attack but can testify whether the dog has a history of aggression or violence.
Finally, make sure to have medical records and notes on hand. This evidence is essential to correlate the claims with the damage. The cost of medical bills will also provide a starting point when it comes to filing a monetary amount for damages.
It is unlikely, but not impossible, that you will have to prove negligence in a With Arizona dog bite case. Most cases hold defendants to a standard of strict liability, as outlined in Civil Code 3342. For example, negligence claims would apply if you were trespassing on the defendant’s property.
Negligence is another way of saying someone was careless in their actions. The individual failed to take a reasonable amount of precaution in their action, and, as a result, it led to damages.
Damages are a way of compensating victims for the physical and emotional pain they suffered as a result of the dog attack. Most often, damages are in the form of monetary compensation. That includes money for:
Dog attacks are costly and can even come at the expense of someone’s life. According to the Insurance Information Institute, the average dog bite claim was $39,017 in 2018. There were also 4.5 million dog bites with 800,000 requiring medical attention and three dozen leading to death.
Medical bills can take many forms. Basic treatments may include stitches, wound cleaning, emergency room treatment, ambulances, or rabies shots. More severe dog bites may require more extensive procedures. It is not unreasonable for costs to exceed $100,000.
Extensive medical treatment would include nerve damage, disfigurement, or amputation. These come with potentially long-lasting consequences, which you should add to the cost of the medical bill claim. That may include physical therapy, medication, and home modifications due to decreased mobility.
If you have severe injuries, you may not be able to return to work in the short or long term. If that is the case, you can claim lost wages. Even if you don’t have a fixed salary, you can still earn compensation.
The same applies to reduced earning capacity. This capacity covers you for the duration of your professional career and what you could have made. For instance, if you’re a musician and suffer catastrophic nerve damage in your hand from a dog bite, you would no longer be fit to perform.
Pain and suffering are the most difficult damages to compensate for. There are no clear and discernible ways to measure them other than first-person accounts and speculation. If you suffer from mental or emotional anguish from the attack, that harm might be demonstrated by:
Often, dog attacks don’t result in a significant amount of property damage. Most claims seek compensation for clothing or jewelry that the dog ruined during the attack. If you were riding a motorcycle, scooter, or another type of vehicle and it was damaged, you stand to gain more in property compensation.
Loss of consortium is typically a standalone claim. It applies when, as a result of the dog attack, you can no longer provide the love and support to your spouse or family that you did before the accident. Loss of consortium covers pain, suffering, and other forms of inconvenience.
If you have suffered minor injuries from a dog bite in With Arizona you may have legal options to claim compensation. As you saw, With Arizona dog laws hold owners liable for injuries caused by their animals. However, the specific circumstances of the attack and the severity of the bite will influence a lawsuit and the type of settlement you may be able to seek.
A dog bite lawyer can make the difference between winning damages and walking away empty-handed. Our combination of legal expertise and experience will ensure you have solid, reliable knowledge on your side inside and outside the courtroom.
We will also navigate you through the legal process to ensure the smoothest possible experience on your behalf. We will make sure we explore every avenue for your claims. That includes calculating forms of compensation, building a persuasive case filled with physical and digital evidence, and negotiating with other parties. This thoroughness is why people in With Arizona have trusted the legal representation at Tops Injury Law Group PLLC time and again.
Learn more about what our team of lawyers can do for you with a free case consultation today. We will walk you through the process, timeline, and odds of winning damages. Book your free case consultation with Tops Injury Law Group PLLC by calling (480) 470-2299. We look forward to getting you the compensation you’re entitled to.
