Short Url , Tiny Url, Url Redirection - http://themore.info/article
Investigating Dog Bite Cases
http://themore.info/article/articles/68901/1/Investigating-Dog-Bite-Cases/Page1.html
John Bisnar
John Bisnar is a partner at Newport Beach Personal Injury Law Firm Bisnar Chase. The Bisnar Chase law firm has dedicated their practice to victims of serious injuries due to defective products, negligence and malpractice. Visit http://www.bestattorney.com or call 888-265-0161 
By John Bisnar
Published on 09/7/2008
 
If you live in California and a dog has bitten you, the owner of that dog will almost always be held liable for your injuries if you decide to pursue a claim. "Liable" means a financial obligation to pay for damages, such as your medical expenses, lost wages, foreseeable expenses, and pain and suffering.

If you live in California and a dog has bitten you, the owner of that dog will almost always be held liable for your injuries if you decide to pursue a claim. "Liable" means a financial obligation to pay for damages, such as your medical expenses, lost wages, foreseeable expenses, and pain and suffering. For this reason, some owners will attempt to avoid liability in a dog bite incident by stating that the victim provoked the attack, or that the dog has never previously bitten anyone. Many states have a "one bite" law for dog bite liability claims, which requires the victim to prove that the dog has previously bitten someone before the owner of that dog becomes liable. California, fortunately, isn't one of those states.

In dog bite litigation, regardless of whether or not you are in a state that has the "one bite" law, investigating the dog's history will be a crucial step in preparing your case. A dog's history of aggressive behavior and previous biting incidents can contribute significantly to the value of a claim, and lead to the possibility of punitive damages. A skilled, California dog bite attorney will know the types of dog bite incidents where the dog's history will make a difference in the value of a claim, and how to go about collecting information on the dog's history. In some cases, gathering information on the dog's history will help disprove any allegation from the dog's owner that the bite victim was the provocateur in the dog bite incident.

Some of the people your dog bite attorney will most likely question include the dog's breeder, veterinarian, boarding facility or kennel, any delivery drivers who might have encountered the dog, the dog owner's neighbors, the person responsible for mail delivery, meter readers, and other utility company personnel. Anyone who has come into contact with the dog could be a potential witness to the demeanor of the dog and its possibly violent disposition.

If you live in a state that has the "one bite" law, your dog bite attorney will necessarily conduct a thorough investigation to find out if the dog has previously bitten someone, including those who never filed a report. Such evidence could mean the difference between winning and losing your dog bite claim. While a previous victim might not have taken the case to court, a paper trail could exist showing that a previous bite occurred. This could be in the form of homeowner association records, medical bills, police reports, or animal control petitions.

In California, in a less serious dog bite claim, it is relatively easy to settle your claim with an insurance company, if you understand the law, understand the way insurance companies adjust claims, and are a decent negotiator. Less serious dog bite claims are easily resolved in small claims court if you cannot come to terms with the dog's owner or his/her insurance company.

In cases of serious injures, scaring, reconstructive surgery, or cosmetic surgery, employing a highly skilled dog bite attorney is the only logical choice for someone who seeks to recover their damages and is not skilled in the investigation, evaluation, negotiation, and litigation of personal injury claims. An insurance company is not going to take a claim seriously if the claimant does not have the ability to effectively move a lawsuit through the court system. If a claimant does not know how to effectively present their claim, the insurance company is likely to take advantage of the claimant in any settlement negotiations.

Having an experienced dog bite lawyer on your side can make all of the difference in the outcome of your case. The best dog bite lawyers will provide you a free consultation and will explain to you your rights and options. They will also explain to you the economics of your particular case and point out when you are better off handling a claim yourself and when you are better off employing an attorney skilled in dog bite cases.

Most attorneys who handle personal injury and dog bite claims charge just about the same fees, regardless of their experience litigating such claims, so why not choose an attorney with more experience? Dog bite litigation can be a complicated process, but a qualified dog bite attorney can counsel you regarding your claim to assure that you are taking the best possible steps toward winning your case in court.