How long after a dog attack you can sue depends on the state where the attack happened. Each state has a statute of limitations for filing such cases. Depending on the state, the deadline for filing your case may span between one and six years. Because legal statutes change, such deadlines may also change.
No matter where your dog attack happened, you should have a sense of urgency when seeking a lawyer. They will have a deadline for filing your case, and there are many other reasons not to wait before hiring Missouri personal injury lawyers experience in dog bite cases.
Here’s Why You Shouldn’t Wait to Hire a Dog Bite Lawyer
The statute of limitations is an obvious reason to hire your lawyer, but it is not the only reason. Choose your dog bite accident lawyer as soon as possible because:
Evidence Can Be Fleeting
Evidence in any case, including dog bite cases, may not be available for long. Your lawyer will:
- Review and accept your case as efficiently as possible
- Determine where and how to seek evidence related to the dog bite
- Complete their investigation as soon as possible
Video footage, witness testimony, and expert opinions may be among the evidence your lawyer secures for your case. If you do not prioritize hiring a lawyer, you risk losing evidence that can otherwise improve your case.
The Statute of Limitations Does Not Move (with Few Exceptions)
Each state sets its own timeframe for filing dog bite claims and lawsuits, which range from one to six years across the country. For example, victims in Missouri, per Missouri Code § 516.120, generally have five years to file a dog bite injury lawsuit. Five years may seem like a long period, but you should not wait to hire your lawyer, thinking you have years to file your case.
If you hire your lawyer as soon as possible, you:
- Give your lawyer time to negotiate with liable parties
- Allow your lawyer the leverage of filing a lawsuit, which may be helpful during settlement negotiations
- Ensure that you will not miss the filing deadline, which will be a financially ruinous risk
If you put your lawyer search on the back burner, you risk forgetting to hire a lawyer because you are consumed with the recovery process. Procrastination is among the greatest risks to a dog bite victim.
You Shouldn’t Wait to Get Your Case Off Your Hands
Your own health is another reason to hire a lawyer as soon as possible. Once you hire your lawyer, you:
- Can dedicate the majority of your time to recovery
- Can focus on personal responsibilities (which don’t go away because a dog has bitten you)
- Don’t have to worry about what’s happening with your case, as your lawyer will take on those responsibilities
Bite victims need help, and a lawyer can provide the essential services you need.
Is the Owner Liable When Their Dog Bites Someone?
Dog owners whose aggressive animals bite someone may be financially and criminally liable, per RSMo Section 578.024. This liability standard sets the bar for your case, as we know that dog owners can be responsible for harm their dog causes.
Failures That May Make the Dog Owner Liable for Your Bite-Related Damages
Dog owners and others liable for dog bites must take every possible precaution to prevent injuries to others. Some failures that can lead to dog bites include:
- Knowingly bringing an aggressive animal among potential victims
- Failing to warn others that a dog is aggressive (and directly telling people not to
- approach or interact with the aggressive dog)
- Failing to keep a dog on a leash in public spaces
- Failing to ensure fencing is tall and sturdy enough to prevent a dog from escaping
- Failing to warn veterinarians and kennel owners that a dog has a history of aggression
- Failing to use a muzzle on a dog that has aggressive tendencies
Owners must know their dogs and take active measures to prevent injuries. If an owner or other responsible party fails in this fundamental responsibility, they must pay for your harm.
How Do I Choose a Dog Bite Lawyer?
You can choose your dog bite attorney based on their reputation and several other criteria, including:
- Their specific case results: Most people judge law firms based on the settlements and verdicts they secure for clients. You can review case results on some firms’ websites and ask about case results during your free consultation.
- Reviews from former clients: Google and other review forums will tell how former clients feel about the law firm. You can view both praises and complaints to determine how a law firm treats clients and what work ethic the firm will bring to your case.
- Their practice areas: Your law firm should explicitly name dog bite accident cases as a practice area.
- Their service during your consultation: You can speak with law firms at no cost; these meetings are called consultations. Use this time to feel the firm out, observe the type of service their representatives offer, and get answers to your questions.
You should be comfortable and confident when choosing the law firm to lead your case. Consider as much information as you can get your hands on, but maintain urgency during the selection process. Remember that hiring a lawyer is a time-sensitive priority.
Is a Dog Bite Lawyer Absolutely Necessary?
For many victims, hiring a lawyer is completely necessary. Those who hire dog bite attorneys do so because:
- The recovery process is demanding: Injuries from dog bites may require surgery, rest, and other medical services. You may not have the time to handle a claim or lawsuit while working to recover.
- Your case may be expensive (and your lawyer will cover the cost): A winning dog bite injury case may be expensive. Your law firm will cover expert fees and other case-related costs, and you won’t ever pay out-of-pocket for your lawyer’s services.
- Inexperience can cripple a claim or lawsuit: If you lack relevant experience, you may have trouble building a successful insurance claim or lawsuit. Your lawyer, on the other hand, may have years (or decades) of experience that benefit your case.
- Every bite victim needs someone to lean on: Suffering a dog bite can be a traumatic, isolating experience. You are never alone with a lawyer leading your case. Your attorney and their team will provide emotional support, trustworthy advice, and legal services that may provide peace of mind.
Attorneys’ contingency fee arrangements minimize the risk of hiring a lawyer. With this fee structure, you:
- Don’t pay the law firm upfront
- Rely on the firm to cover every case-related cost
- Agree that the law firm will receive a percentage of any financial recovery you receive
In other words, the law firm only receives compensation if it secures a financial recovery for you.
What to Expect from Your Dog Bite Attorney
Your law firm will handle your case from the time you hire it through the end of your case. This means your attorney will handle a wide range of responsibilities, including:
Identifying Why the Bite Happened
Your attorney will investigate the circumstances of your bite, collecting evidence that may include:
- Photographs of relevant scenes (such as an open gate that allowed the dog to escape)
- Video footage of the dog attacking you
- Eyewitness accounts of how the bite happened
- Expert testimony about why the bite happened and who is responsible
- Any incident report related to the attack
Your attorney will work urgently to obtain all evidence relevant to your case.
Identifying Liable Parties
Your attorney will identify any dog owner or other party whose negligence contributed to the attack. Your lawyer may find that multiple parties are financially responsible for your bite-related damages.
Documenting Your Damages
Your case will include documentation of your economic and non-economic damages, which may include:
- X-rays and other medical images of injuries
- Photographs of injuries
- Doctors’ diagnoses and other notes related to your injuries
- Medical bills
- A mental health expert’s diagnoses of your pain and suffering
- Evidence that you have lost income because of the bite
- Any other relevant documentation
Your attorney will know where to look for documentation and which documentation will be beneficial to your case.
Negotiating a Settlement
Data suggest that your case is most likely to settle. Your attorney will negotiate in good faith using their calculation of damages. Liable parties will have the opportunity to meet your lawyer’s settlement demands; if liable parties refuse to do so, your attorney may advise you to let them pursue a trial.
Completing a Trial, if Your Case Requires It
The trial may be the next step after settlement negotiations, particularly if liable parties never offer an acceptable settlement. Your lawyer will review the considerations that come with trial, and they will represent you in court if necessary.
Common Damages from Dog Bites
Your damages will dictate the value of your case, so your attorney will document those damages in extensive detail. Some common damages among dog bite victims include:
Medical Costs
Some potential medical needs among dog bite victims include:
- Ambulance transport
- On-site medical care
- Emergency medical care
- Surgery
- Wound care
- Medications to prevent infection and dull pain
- Hospitalization
- Rehabilitation services
Your legal team will consult your doctors as they detail your healthcare costs.
Professional Damages
The effects of the dog bite may cause significant professional harm, which may include:
- Diminished earning power
- Lost income
- Unfulfilled performance bonuses
- Inability to earn promotions
- Lost benefits
Your inability to support yourself through work can also worsen your pain and suffering.
Pain and Suffering
When a dog attacks you, it can cause many types of pain and suffering, including:
- Acute fear of dogs
- Generalized anxiety
- Post-traumatic stress disorder (PTSD)
- Physical pain
- Depression
- Loss of self-esteem (which may stem from scarring and a general sense of fear)
Some victims who experience pain and suffering resort to substance abuse and other forms of self-medication. Your attorney will rely on mental health professionals to detail the nature of your pain and suffering.
Mental Healthcare Expenses
Bite victims who seek mental health treatment can seek compensation for that treatment. Whether you take medications, seek counseling, or pursue other mental health services, trust your lawyer to demand fair compensation for all of your care.
Cosmetic Procedure Costs
Dog bites can cause scarring and other visible injuries. If corrective procedures (like plastic surgery) can improve your quality of life, you may be entitled to compensation for cosmetic surgery.
What Will Determine the Value of My Dog Bite Case?
Several factors can influence the value of dog bite cases, including:
- The specific injuries you suffer
- The severity of your pain and suffering
- The medical and mental health services you need to recover
- Your earning power (which will affect the value of your professional damages)
- The time for which you cannot work
If you have any disabling injuries, this may increase the value of your case. Each dog bite victim faces unique challenges after an attack. Your attorney will personalize your case to reflect the nature and severity of your damages.
When Is the Time to Hire My Dog Bite Lawyer?
Now is the time to hire your dog bite attorney. Remember that waiting to hire your attorney can:
- Prevent your lawyer from obtaining all available evidence
- Make it difficult to document the full extent of your injuries
- Cause the statute of limitations for a personal injury lawsuit to lapse
- Open you to accusations that your injuries are not as severe as you claim (as liable parties may claim that you would have hired a lawyer sooner if your injuries were truly severe)
Your mind should be on recovery. Once you hire your lawyer, they will ensure you can focus on your health while they seek the compensation you are entitled to.
Hire Your Dog Bite Injury Attorney Today
You can find a dog bite lawyer through online research. Simply search “dog bite lawyer in my area” online and begin reviewing prospective attorneys. Schedule your free consultation and begin your path to financial recovery.