If a dog bit you, you need to prove the liability and negligence of the dog owner. Since every state has its own laws regarding a dog bite, you need to hire a personal injury attorney in Kentucky to help you prove your dog bite injury claim. Some states do not have a dog bite law in place. In these cases, the dog owner is liable for the injury, but only if they knew or should have known beforehand that their dog possessed aggressive traits.
You Will Need to Prove the Dog's Aggressive Behavior
Your personal injury attorney will help you prove your claim that the dog acted aggressively towards you by proving they have bit another person before. However, it is not necessary for you to prove that the dog has bitten another person before. You do need to prove that the dog owner had prior inclination of their dog exhibiting aggressive behavior.
For instance, the dog recently underwent injury, which caused a change in their behavior, making them more irritable and snappy after an operation. In that case, the dog owner is responsible for ensuring that their dog does not pose a threat to others, keeping it inside the house and away from people for a while.
Additionally, your personal injury attorney can use circumstantial evidence to prove the liability of the dog owner in the dog bite injury claim. An example of this would be a dog that is known for its aggressive traits. You should know that a dog bite statute may remove the requirement that dog owner knew or should have known beforehand of their dog's aggressive tendencies.
Overview of Dog Bite Statutes
Several states in the country have dog bite statues in place, but their context differs from each other. Some dog bite statues completely remove the factors that may help you prove the dog owner's liability, in the case where the dog owner knows their dog's aggressive traits. Your personal injury attorney in Kentucky will build your case against the dog owner by looking at the state's dog bite statue.
In the instance of Kentucky, the state has a strict liability dog bite law, which states that the dog owner is responsible for any damage their dog causes a person, property, or livestock. Your personal injury attorney will need to prove the liability of the dog owner and help you obtain a fair compensation for the injuries, emotional distress, and damages you experienced due to the dog bite.
If the dog bite causes actual harm to you, resulting in serious injuries, the likelihood of you receiving desired compensation is higher. Since a dog bite includes the emotional pain and suffering you experienced, causing you to become traumatized, your personal injury attorney can also help you get compensated for that, even if the injuries you received were not visible.
The 5 Elements that Make Up a Dog Bite Injury Claim
Here are five elements that your personal injury attorney will use to build and present your dog bite injury claim to the court in front of the judge, jury or the insurance company in private to settle a case outside for court:
1. Medical Expenses
A dog bite injury claim includes medical expenses such as hospital and doctor bills, medications, and diagnostic tests. Your personal injury attorney will request the doctor to provide a written or recorded statement or ask to come to court and obtain all the necessary medical bills needed to prove the amount of money it cost you to treat a dog bite.
2. Lost Income or Wages
A dog bite injury may force you to take time off work, thus costing you lost income or wages. If you run your own business, taking time off work may cost you. In both cases, you require a skilled and experienced personal injury attorney to collect information required to prove your dog bite injury claim. If you have a note from a physician, stating that you are unable to work due to your injuries, it will make your dog bite injury claim stronger.
3. Poor Quality of Life
The dog bite can cause a temporary or permanent disability. In return, this affects your quality of life. Your personal injury attorney will enlist the help of a doctor who will give expert medical testimony, either verbally or written, to prove that after the dog bite your quality of life declined.
4. Loss of Services and Companionship
When you suffer from a dog bite injury, it might make it difficult for you to carry out your responsibilities, especially if you are the primary breadwinner, homemaker, or caretaker. Your personal injury attorney will help you receive fair compensation by proving loss of companionship and services.
5. Pain and Suffering
Special damages include pain and suffering caused by a dog bite. Your personal injury attorney will prepare an argument that offers an insight on your inability to carry out everyday tasks due to the pain and suffering you experienced after a dog bite.
Proving the Dog Bite Injury Claim in Kentucky
Your personal injury attorney in Kentucky will help you reach a fair settlement in your dog bite injury claim by stating that their client received a specific injury after the dog attacked them, the liable party owns the dog, they did not do anything to provoke the dog to bite them, while they were not behaving in a violent manner and did not trespass property. Once they establish the liability of the dog owner, they will list the compensatory damages their client should receive due to a dog bite. In the event a client dies due to a dog bite, family members of the deceased can sue the dog owner by filing a wrongful death lawsuit through their personal injury attorney.
Contact Christopher Jackson Law by calling us at 859-261-1111 to schedule a free consultation with a seasoned personal injury attorney in Kentucky.