Kentucky has strict liability laws when it comes to dog bite cases, which means the a dog’s owner is usually responsible for damage that it causes. There are, however, defenses that the owner and their insurance company might use to try to deny responsibility and get out of paying you the compensation you are owed when you try and pursue a dog bite lawsuit. Understand them and you improve your chance of making a recovery.
Ky. Rev. Stat. § 258.235 includes a provision stating that “[A]ny owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.” Several recent cases from the Kentucky appellate courts have interpreted how this is to be applied in Kentucky.
If you or a loved one are bitten by a dog in Kentucky, our lawyers can help you navigate the claim and ensure a more favorable outcome. We know the mistakes that are commonly made and can help you avoid them so you can win your dog bite case and get the money you need to help pay for your medical costs and other potential losses.
How Much is a Dog Bite Case Worth?
Dog bite injuries can be severe and some become infected. Dog attacks are also traumatic and often leave victims with symptoms of PTSD, or other emotional impact. Filing a claim can help you recover money to help you pay for the medical treatments needed to help heal from your injuries – both mental/emotional and physical.
Each dog bite case is unique, so there is never a guarantee of any set amount of money. The amount of recovery depends on the facts relating to the bite and the injury. It will also depend on the coverage and/or the ability of the owner to pay damages. All claims have to becarefully evaluated to determine how much they are worth, and how much can be recovered. Before this evaluation occurs, you cannot really know how much is potentially and realistically recoverable. An experienced lawyer will be able to help you understand the issues and will help evaluate the value.
Mistakes to Avoid if You Want to Win Your Dog Bite Lawsuit
Some common mistakes in by people that are deciding whether to pursue a dog bite cases include:
1. Failing to Report the Dog Attack
One of the first mistakes people make is not reporting the dog attack when it happens. Whether this is because they know the dog owner and don’t want them to get in trouble or because they simply don’t think it’s that big of a deal, not reporting an incident may lead to an insurance company to question whether it even happened. It will further allow them to minimize the degree of trauma involved. Afterall, if you didn’t even report it, how bad could it have been?
A police report or a report from a local animal control office can serve as substantial proof of what happened. Animal control will often investigate and be able to find proof of the attack and the facts surrounding it. All of this could be lost without a report.It’s also important to report it so someone can ensure the dog doesn’t hurt other people.
2. Not Seeking Medical Attention
It’s also common for people to brush off dog bites as if they are nothing more than a minor scrape that they can tend to at home. But dog bites, even minor ones, however can easily become infected.
Delaying treatment can also be problematic if it turns out that the dog is carrying a disease like rabies. So no matter how minor the injury might be, you should always seek treatment from a doctor. We don’t advocate unnecessary medical care, but it is simply prudent to be cautious with these injuries.
Proof that you sought medical attention for the dog bite can also help support your claim and prove that you were, in fact, bitten by a dog.
3. Not Gathering Evidence
Evidence is crucial in any case. The more evidence you can gather, the better. When you file a dog bite lawsuit, you will need to be able to prove that another party either owned or harbored the dog. To prove this, you need supporting evidence.
Such evidence includes the following:
- Police reports or reports from animal control
- Medical documents concerning your dog bite injuries
- Photos of the dog when it bit you
- Proof of who owned or kept the dog, including pictures of it on the premises
- Photos of your injury
- Videos from the scene when the dog bit you
- Witness statements from anyone who saw what happened
4. Saying the Wrong Things to the Insurance Company
When you file your claim, it is usually the dog owner’s insurance company respond. However, you should be careful what you say to them when they call to speak to you. One of the biggest mistakes dog bite victims make, for example, is saying that they are okay or saying something that could be construed as an admission of wrongdoing.
Insurance companies will use whatever they can to avoid having to pay out settlements. Therefore, before you speak with the insurance company, you should talk to a lawyer.
5. Not Hiring a Personal Injury Lawyer
A personal injury lawyer can help you handle communications with the other parties involved in your case so your claim is properly made.. A lawyer can also protect your rights, help you obtain evidence, and handle negotiations and litigation if necessary to ensure you are awarded the full and fair settlement you deserve. If the insurance company takes an unreasonable position (denies responsibility or makes a lowball offer to settle) an attorney can file a lawsuit on your behalf and take the matter to court. The ultimate valuation of a case can be decided by a jury.
What to Do if a Dog Bites You
If you are bitten by a dog in Kentucky, your number one priority should be your health and well-being. If you are seriously injured, call 911 for emergency medical assistance right away or have someone take you to a hospital.
When you call 911, you should also report the accident to the police so they can arrive and deal with the dog and/or the dog owner and file an official report. If you are still at the scene, you should also gather any evidence you can that will help support your claim and prove what happened.
After you have done all of that, your next step should be to call a dog bite attorney. The sooner you get help with your claim, the sooner you can win your case and get the money you need to help pay for your injuries and other potential losses and suffering.
Trust McCoy & Sparks—Premier Dog Bite Attorneys in Central Kentucky
If you are the victim of a dog bite and need help filing your dog bite lawsuit, our team can help. We have handled countless dog bite cases all across Central Kentucy. At McCoy & Sparks, we focus on delivering superior results. We know what it takes to help our clients win the full and fair compensation they deserve.
You owe us nothing unless we recover compensation for you. Make the right call to (844) 4KY-WINS for a risk-free consultation with one of our attorneys today.