The Gutierrez Law Firm represents injury victims in Bellaire. Regardless of a dog’s behavior or training, certain situations can lead to bites causing injury to you or a loved one. To explore your legal options, contact us today for a free, no-obligation consultation.
Should You Work With a Lawyer?
While every dog bite situation is unfortunate, whether you need to work with a lawyer depends on your circumstances. Minor dog bites may not require legal action, but more severe incidents often do. In these cases, our team is here to assist you. Typically, we handle dog bite cases by:
- Investigating the incident and explaining your legal options
- Assisting in gathering crucial evidence and reviewing insurance policies to determine liability
- Guiding you through the claims process
Our primary goal is to simplify the process for you and your family. While no one wants to experience a dog bite, it’s important to understand that any dog can react aggressively in certain situations. Being prepared and informed can make a significant difference in how your claim plays out.
Who’s Responsible When There’s a Dog Bite in Bellaire?
In Bellaire (and throughout Texas), the responsibility for covering your damages after a dog bite follows Texas’ “one bite” rule. This means that, even though there’s no specific law in place:
- A dog’s first bite might not hold the owner liable unless they knew the dog was dangerous.
This doesn’t mean that you’re out of options if you get bitten by a dog in Bellaire. Generally speaking, the dog’s owner is going to be the one that’s primarily responsible for covering your damages. However, you’re going to need to show “negligence,” which in this context means showing the following:
- The other person owned or had control over the dog.
- The dog bit you, attacked you, or hurt you in some way.
- You were in a public place or legally on someone’s property.
- The bite caused you harm.
- You didn’t provoke the dog to attack.
Obviously, there’s a lot of different circumstances where this type of thing can happen, and it can lead to situations where liability might not be as straightforward. So, the circumstances of your incident are very important. So, any of the following can share liability in a dog bite incident:
- Dog owners
- Property owners
- Businesses
- Bellaire city or Harris county government
You can also share some of the liability in the incident, especially if you were judged to have provoked the dog or were trespassing. This is known as “comparative negligence”, and reduces whatever amount of damages you can get in a claim.
What Are Your Potential Damages in a Dog Bite Claim?
Once you’ve decided to take legal action after a dog bite in Bellaire, it’s incredibly important to understand the process. Basically, a dog bite is the same as any other injury claim, such as those filed after a car accident or a slip and fall. So, once you’re bitten by a dog, you can file a claim for damages to help you recover financial support for things like your:
- Medical expenses
- Ongoing care needs
- Scarring and disfigurement
- Pain and suffering
- Emotional distress
- Lost income or earning potential
- Loss of companionship or quality of life
In terms of your options, you can either file:
- An insurance claim outside of court
- A personal injury lawsuit
Remember, you have a two-year time limit in Texas to file a claim from the date of the bite. Missing this deadline could jeopardize your ability to recover these much-needed damages. But there’s another important part of the process, and that’s strengthening your claim.
What Can You Do to Strengthen Your Dog Bite Claim?
When filing a dog bite claim, the responsibility falls on you to prove your case, which means taking certain steps to safeguard it. Insurance companies will seize any opportunity to minimize their liability and diminish your claim’s value. Therefore, it’s crucial to do the following to protect your dog bite claim:
- Get medical attention – Dog bites can lead to serious infections if not promptly treated. Make sure to get immediate medical care at an emergency room or urgent care to prevent complications.
- Find the dog’s owner – Do what you can to track down the dog’s owner and get their information. If you can’t find the owner or they won’t cooperate, call the police and animal control.
- Report the bite – You need to report the bite to Bellaire Animal Control or the local police so they can respond. They can locate the dog and assess its history of aggression.
- Document what happened – Take pictures of your injuries and the location of the bite. Also, take down pertinent details like when and where the bite happened.
By taking these actions, you not only protect your health but also preserve your legal rights. Sometimes, this is easier said than done, especially if the bite happens out in public. Still, these things need to be done to protect not only your health, but your claim.
Where Do Dog Bites Usually Happen in Bellaire?
While dog owners typically bear most of the responsibility after a dog bite, the location of the incident also matters. This doesn’t absolve the owner of responsibility, but it may involve other parties. In Monterey, dog bites often happen in the following locations:
- Residences – Dog bites are most common within the owner’s home or at the homes of friends or family. This also includes apartments and common areas.
- Neighborhoods – Walking or jogging in neighborhoods can lead to dog bites, particularly if dogs are unsupervised and allowed to roam freely.
- Parks – Despite being designed for socializing and exercise, interactions between unfamiliar dogs can sometimes result in aggression and bites at both regular parks and dog parks.
- Public areas – Certain parts of Bellaire like sidewalks, streets, and other public areas are common sites for dog bites, especially when dogs are not properly leashed or restrained.
- Places of employment – Some workplaces may have dogs present, especially service dogs or those brought by visitors or customers. These can be high-stress situations for some dogs, and can lead to bites.
A dog bite isn’t just about the physical injury; it also brings emotional trauma. Whether you’re familiar with dogs or not, the experience is frightening. When considering legal action, your specific injuries matter. Common dog bite injuries can include cuts and bruises, infections, facial and eye wounds, rabies risk, broken bones, nerve damage, and psychological distress. Dealing with multiple injuries can be overwhelming, but prioritizing your health is key. Once you’ve stabilized, our team is here to support you through the process.
Frequently Asked Questions
How long do I have to file a dog bite claim?
In Texas, you have two years from the date of the bite incident to file your claim.
How much is my dog bite claim worth?
This depends on how serious your injuries are and how liable the owner and others are. We can help you put together a case that maximizes your claim’s value.
What do I do if I can’t find the dog’s owner?
If you can’t find the dog’s owner, it’s crucial to contact the police and animal control services. Provide them with all the details you have, and they will take over the search for the owner, providing you with assistance. Our team of dog bite lawyers is also available to support you in this situation.
Contact the Gutierrez Law Firm After a Bellaire Dog Bite
If a dog has bitten you and you need legal help, the Gutierrez Law Firm is here to support you. We know that dealing with injuries and stress from a dog bite can be hard, but we’re experienced in handling these situations. Our team of Bellaire dog bite lawyers can offer you the advice and guidance you need to get better. Contact us today for a free consultation to get started.
