Texas Dog Bite Attorney
In order to safeguard your rights, you must immediately contact a lawyer if you were bitten by a dog in Texas. Texas dog bite lawyer – Lindsey McKay is available to assist.
You don’t pay us anything unless we obtain compensation for you in any of the dog bite cases we handle at our firm. For a free consultation and to learn how much your case is worth, contact us immediately: (903) INJURED / (903) 465-8733 or (903) ABOGADA / (903) 226-4232.
Texas Dog Bite Laws: Understanding Your Rights and Seeking Compensation
In the Lone Star State, it’s not just the cowboys you need to be aware of – there are also potential dangers lurking in the form of dog bites. If you’ve fallen victim to a dog attack in Texas, it’s important to understand your rights and know how to seek compensation for your injuries. Texas dog bite laws can be complex, but with the right knowledge, you can navigate them effectively.
Join us as we delve into the intricacies of Texas dog bite laws and provide you with essential information to protect your rights. We’ll discuss the legal responsibilities of dog owners, liability for dog bites, and the factors that can affect your ability to seek compensation. Whether you’re a dog owner yourself or someone who has suffered a dog attack, understanding these laws can make a significant difference in your case.
Don’t let a dog bite go without proper legal action – arm yourself with the knowledge you need to seek the compensation you deserve. We will uncover the ins and outs of Texas dog bite laws and empower you to take the next steps toward justice.
Understanding liability in dog bite cases
When it comes to dog bite cases in Texas, liability can be a complex issue. Unlike some states that have strict liability laws, Texas follows the “one bite” rule. This means that dog owners are generally not held liable for the first bite or attack by their dog, as long as they had no prior knowledge of the dog’s aggressive tendencies. However, if the owner is aware of their dog’s dangerous propensities, they can be held liable for any injuries caused by the dog.
It’s important to note that Texas does have certain exceptions to the one bite rule. For example, if the dog has previously attacked someone, the owner could be held strictly liable for any subsequent attacks. Additionally, if the attack occurred on the owner’s property or the dog was running loose in violation of leash laws, the owner may also be held liable. Understanding these exceptions is crucial when seeking compensation for a dog bite.
Proving negligence in a dog bite case can be challenging, but it’s not impossible. It often requires gathering evidence such as witness testimonies, medical records, and any past incidents involving the dog. Consulting with an experienced personal injury attorney can greatly increase your chances of establishing liability and pursuing a successful claim. Remember, even if strict liability doesn’t apply, negligence can still be a valid legal argument in your case.
Statute of limitations for filing a dog bite claim in Texas
Time is of the essence when it comes to filing a dog bite claim in Texas. The state has specific statutes of limitations that dictate the timeframe within which you must initiate legal action. In most cases, you have two years from the date of the incident to file a lawsuit for personal injury resulting from a dog bite. If you fail to file within this timeframe, you may lose your right to seek compensation.
It’s important to consult with a personal injury attorney as soon as possible after a dog bite incident. They can help you determine the appropriate course of action and ensure that you meet all necessary deadlines. Waiting too long to take legal action can significantly weaken your case and limit your options for seeking compensation. Don’t let the clock run out – act promptly to protect your rights.
Strict liability in Texas dog bite cases
Although Texas primarily follows the one-bite rule, there are situations where strict liability can apply in dog bite cases. If the dog in question is classified as a “dangerous dog” under Texas law, the owner can be held strictly liable for any injuries caused by the dog. A dangerous dog is one that has previously attacked or injured a person without provocation or has been trained for dog fighting.
In Texas, a dog may also be considered dangerous if it has attacked or killed a domestic animal on more than one occasion while off the owner’s property. Additionally, if the owner was aware of the dog’s aggressive tendencies and failed to take reasonable precautions to prevent an attack, strict liability may apply. It’s essential to consult with an attorney to determine if strict liability is applicable in your specific case.
In some dog bite cases, the injured person’s own actions or negligence may have contributed to the incident. Texas follows a modified comparative negligence system, which means that your ability to seek compensation can be affected if you are found partially at fault for the dog bite. If you are determined to be 51% or more responsible for the incident, you may be barred from recovering any damages.
For example, if you were trespassing on someone’s property or provoking the dog before the attack, your percentage of fault could be increased. However, even if you are partially at fault, you may still be able to recover damages. The amount of compensation you receive will be reduced based on your percentage of fault. Understanding how comparative negligence works is crucial when pursuing a dog bite claim in Texas.
When pursuing a dog bite claim in Texas, you can seek compensation for various damages, including medical expenses and emotional damages. Medical expenses may include hospital bills, surgeries, medications, physical therapy, and any other costs related to your treatment. It’s important to keep detailed records of all medical expenses incurred as a result of the dog bite.
In addition to medical expenses, you may also be entitled to compensation for emotional damages such as pain and suffering, mental anguish, and loss of enjoyment of life. These damages are more challenging to quantify but can significantly impact your quality of life. Consulting with a personal injury attorney can help ensure that you pursue the appropriate compensation for both your physical and emotional injuries.
Texas laws regarding dangerous dogs and owner responsibilities
Some of the responsibilities of a dangerous dog owner in Texas include:
1. Registering the dog with the local animal control authority and obtaining a dangerous dog certificate.
2. Keeping the dog securely confined indoors or in a securely enclosed and locked pen.
3. Display prominent signs warning others of the presence of a dangerous dog.
4. Taking appropriate measures to prevent the dog from escaping or harming others.
Failure to comply with these responsibilities can result in severe penalties, including fines, imprisonment, and the potential euthanization of the dog. If you have been attacked by a dangerous dog whose owner failed to meet these obligations, it’s essential to consult with an attorney to protect your rights and seek compensation.
Steps to take after a dog bite incident in Texas
If you’ve been bitten by a dog in Texas, it’s crucial to take specific steps immediately following the incident. These actions can help protect your health, gather evidence for your claim, and strengthen your case if you decide to pursue legal action. Here are the recommended steps to take after a dog bite incident:
1. Seek medical attention: Your health should be your top priority. Even if the bite seems minor, it’s important to have a medical professional assess your injuries and provide appropriate treatment. This will also establish a record of your injuries, which can be crucial when seeking compensation.
2. Identify the dog and its owner: If possible, try to identify the dog and its owner. Gather their contact information and any relevant details about the incident. If there were witnesses, obtain their contact information as well. This information will be invaluable when building your case.
3. Document the scene: Take photos of the location where the incident occurred, including any visible injuries. This visual evidence can help establish the circumstances surrounding the dog bite and support your claim.
4. Report the incident: Contact your local animal control agency or law enforcement to report the dog bite. They can investigate the incident and ensure that appropriate actions are taken to prevent future attacks.
5. Consult with a personal injury attorney: It’s essential to consult with an experienced personal injury attorney who specializes in dog bite cases. They can guide you through the legal process, help gather evidence, and ensure that your rights are protected.
Common injuries associated with dog bites and dog attacks
You might not realize how much damage a dog can do when it bites someone. They have strong jaws and sharp teeth that can tear through a person’s skin, tissue, nerves, and muscles. Some can even crush bones.
- Muscle/flesh getting ripped open
- Nerve damage
- Broken bones
- Finger amputations
- Facial lacerations
- Eye injuries
- Head and neck injuries
- Psychological injuries, such as post-traumatic stress disorder (PTSD)
Some people need limb amputation due to severe damage or an incurable infection. Others require painful treatment to recover. Physical scars, functional limitations, and even emotional trauma can last long after the attack. McKay Law TX will fight hard to ensure you receive the compensation you need to cover your damages so you can heal and move forward with your life.
What amount of money can I expect in Compensation?
The following are some examples of the variables that could affect how much money you get paid:
- The nature and extent of the assault or other injuries
- The availability of pertinent proof demonstrating error
- The length of time required for appropriate medical care
- The duration of the recuperation time
- Any psychological or emotional damage incurred following the assault
- The overall cost of the injuries-related medical care
- Any time lost from work as a result of illness, medical visits, or other circumstances
- How the event affected your quality of life
- An estimate of future medical expenses
McKay Law TX will examine the specifics of your case in order to calculate the amount of damages that we feel is just and appropriate. The entire amount spent and lost as a result of an injury is referred to as “damages.” You could file a lawsuit or file an insurance claim for the following damages:
- Suffering and agony
- Medical expenses
- Consortium loss
- Physical disability
- Pain in the mind
- Expenses paid out of pocket
- Damage to property
- Wage loss
If you file suit, you might also be able to get punitive damages. Unlike the damages mentioned above, punitive damages do not make up for your losses. Punitive damage awards, on the other hand, penalize the accountable party for the negligent acts that resulted in the harm suffered by the victim. A jury will award punitive damages to you if you can prove with clear and convincing evidence that the dog owner or another liable party acted with gross negligence, fraud, or malice.
Insurance claims process following a dog attack
Insurance claims can take anywhere from a few weeks to well over a year. It all depends on the factors associated with the case, such as whether there’s sufficient evidence proving fault and how severe the injury is.
The steps we follow in an insurance claim are these:
Step 1 – Determine who should be held liable and request a copy of their insurance policy.
Step 2 – File a claim
Step 3 – Gather crucial evidence and submit it to the insurance company.
Step 4 – Negotiate with the insurance adjuster for a settlement we believe is fair. If they agree, we will ensure they send the check promptly.
Step 5 – If the insurance company won’t provide an adequate settlement offer or denies the claim altogether, we will proceed with a lawsuit.
Contact a Texas Dog Bite Lawyer Today
At McKay Law, we offer a complimentary consultation in which we will examine the facts of your case and advise you on how to proceed. With 30 years of combined experience, Texas Bar Certified, a client-centered practice focused exclusively on personal injury law, the highest possible Expertise rating, more than 50 jury verdicts, and membership in the Multi-Million Dollar Advocates Forum.
As a McKay Law client, you will incur no attorney fees, court, or legal expenses unless you receive compensation. Time to file is limited by state law, so call today at (903) INJURED to speak with an experienced dog bite lawyer who can protect your rights to monetary recovery.
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Lindsey McKay is a dedicated trial attorney with experience and drives to get the best results for her clients. We handle personal injury cases that involve the following matters: drunk driving accidents, nursing home negligence, uninsured or underinsured motorists, motor vehicle accidents, sexual abuse, product liability, auto defects, animal bites, work-related injuries, medical negligence and fatalities.