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Madison Dog Bite Lawyers
Dog bite injuries are common. While some bites cause minor injuries, they can be devastating, especially when children are involved. Statistics show that over 50% of dog bites affect children.
Our law firm knows that dog bite injuries are painful and upsetting. They can also lead to financial problems that last long after the injury.
At Pemberton Personal Injury Law Firm, our experienced dog bite lawyers will fight for your right to financial recovery. That includes costs related to the dog bite incident, beyond medical bills. Contact our office at 608-448-6242 for a free case evaluation or to learn more.
How a Wisconsin Dog Bite Lawyer Can Help
Obtaining compensation usually involves a legal process. Often, dog bite victims can reach a settlement with an insurer. However, sometimes resolving the issue requires filing a personal injury lawsuit. With the help of an experienced attorney, you can take the following steps:
- Document the Injury: This includes obtaining medical records, photographs of the injuries, and any witness statements.
- Determine Liability: The liability often falls on the dog’s owner, but it may also involve landlords, animal keepers, or local authorities, depending on the specific circumstances.
- Negotiate with Insurance Companies: Many dog owners have homeowner’s or renter’s insurance that covers dog bite liabilities. The victim may need to negotiate with the insurance company to reach a fair settlement.
- File a Lawsuit: If a settlement cannot be reached, the victim may file a lawsuit. This involves adhering to the statute of limitations (which varies by jurisdiction) and navigating complex legal procedures.
- Provide Support and Guidance: Your experienced dog bite attorney will keep you informed of all developments in your case, advise you as to the best course of action, and empower you to make informed decisions.
Wisconsin Dog Bite Laws
In the state of Wisconsin, dog bite laws are governed by a combination of statutes and court decisions. Understanding these laws is essential for both dog owners and dog bite victims.
Wisconsin operates under a strict liability system for dog bites. According to Wisconsin Statute § 174.02, the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal, or property.
This means that the victim does not need to prove that the dog’s owner was negligent or that the dog had previously exhibited aggressive behavior. The mere fact that the dog caused the injury makes the owner liable.
Exceptions and Defenses
Although the strict liability statute appears straightforward, there are exceptions and defenses that might apply. In Wisconsin, for instance, if the victim was trespassing, provoking the dog, or committing an unlawful act that contributed to the bite, these factors might reduce or eliminate the owner’s liability. Consulting with an experienced dog bite lawyer can help ensure that the defense doesn’t unfairly assign you more blame than warranted, and that you receive the maximum compensation you deserve.
If you’ve been bitten by a dog, regardless of the circumstances, you must consult an experienced personal injury attorney. Our dog bite lawyers are well-versed in these specific laws. They help navigate legal complexities, negotiate with insurance companies, and ensure that the victim’s rights are protected.
What Happens To The Dog If I File An Injury Claim?
Dog lovers sometimes wonder – if a dog bites them or a loved one, will the dog be put down? In most cases, this is not the result. According to Wisconsin statute, the courts may only order a dog to be put to death if they have been involved in two significant injuries and the owner was aware of the first incident. Your lawyer can help clarify as to how your case may proceed.
Who Pays For The Damages?
Typically, the homeowner’s insurance of the dog owner will be responsible for the damages incurred in a dog bite situation. Some clients hesitate to pursue damages when the dog owner is a family member or friend. They understandably don’t want loved ones to be responsible for medical bills. However, generally speaking, it is up to the insurance to cover the costs at little to no cost to the dog owner.
The dog owner is responsible for covering all damages. In some rare cases, if the dog has a known history of causing injuries and the owner is aware, they may be liable for additional damages. In Wisconsin, there have been cases where owners had to pay double the damages due to their dog’s past behavior.
What Types Of Damages Are Commonly Pursued In Dog Bite Cases?
Depending on the injury’s severity, incredibly high medical costs can be incurred. In some cases, reconstructive surgery may be necessary. Victims may even require various forms of therapy to overcome the injuries sustained in the incident.
As part of the personal injury claim, you may calculate these costs according to your recovery needs. Know also that compensation for dog bite injuries will vary based on jurisdiction. It will also depend on the circumstances of the bite and the severity of the injuries.
Generally, compensation may cover:
- Medical Expenses: This includes costs related to immediate and long-term medical care, hospital stays, surgeries, medication, rehabilitation, and any further medical treatment needed as a result of the bite.
- Lost Wages: If the victim is unable to work due to their injuries, compensation may cover lost income during the recovery period.
- Pain and Suffering: Some jurisdictions allow for compensation for the physical pain and emotional suffering caused by the injury.
- Property Damage: If personal property (such as clothing or accessories) is damaged in the attack, compensation may cover the cost of replacement or repair.
- Punitive Damages: In cases where the dog’s owner was egregiously negligent or there is a known history of aggression with the dog, victims may receive punitive damages as well.
Injuries from Dog Bites
Dog bites can lead to a wide range of injuries, from minor wounds to severe and life-threatening conditions.
- Superficial Wounds: These include scratches, bruises, and minor lacerations. While they may appear minor, victims still need immediate care to prevent infection.
- Deep Lacerations: Deeper wounds can damage muscles, tendons, and even bones. These may require stitches, surgery, or other intensive medical intervention.
- Infections: A bite from a dog can introduce bacteria into the wound, leading to infections such as cellulitis or even more severe conditions like sepsis if left untreated.
- Nerve Damage: Some bites can cause damage to the nerves, resulting in long-term or even permanent impairment.
- Emotional Trauma: Aside from physical injuries, a dog bite can cause significant psychological distress, leading to conditions such as anxiety, depression, or PTSD.
- Rabies and Other Diseases: If the dog is not vaccinated, there may be a risk of transmission of diseases like rabies, which can be fatal if not treated promptly.
Who Should I Report The Dog Bite To?
If a dog injures you, it is essential to gather the dog owner’s information so you can research whether the dog is up-to-date on their vaccinations. If they aren’t, you could be at risk for rabies or other infections. In which case, you may need to take additional steps to prevent further health concerns.
It is important to report the incident to the police, local animal control, and a physician. An inspector from animal control will want detailed information so they can conduct a case and determine if the dog has a history with other significant injuries.
Consult a physician to determine the extent of your injuries. In some cases, the injuries can seem superficial but can later result in significant problems. It is best to consult a doctor immediately after the incident to cover all bases.
Notifying the police can be important should you choose to pursue compensation. Having a record of the incident on file with the proper authorities may be part of the evidence that you will gather and discuss with your injury attorney.
Is There A Statute Of Limitations On Reporting A Dog Bite?
If you want to pursue damages in a dog bite case, you typically have three years from the date of the bite to file a suit. Some details may change this timeline, making it longer or shorter depending on the circumstances. It is best to consult an attorney immediately to discuss the specifics and determine how long you have to file a case, if necessary.
How Can I Find a Dog Bite Attorney Near Me?
Our experienced attorneys are a click or a phone call away. Contact our office at 608-448-6242 to discuss your specific questions about dog bites and compensation. The financial and emotional repercussions of dog bites can be significant, and our team works hard to protect our client’s rights.
Pemberton Personal Injury Law Firm
5609 Medical Cir #4
Madison, WI 53719
(608) 448-6242