Filing a dog bite lawsuit here in New Jersey allows you to recover compensation for your medical bills and lost income, as well as regain a sense of comfort and control over your own future. But the litigation process is rarely straightforward. To achieve a successful claim requires you to not only prove the dog was responsible for your bite injuries but also prove the extent of the injury damage and its impact on your life after the attack.
In helping you navigate the path forward after your claim, this post will delve into how the insurance companies and the justice system handles dog bite lawsuit evidence and the types of evidence you can use to secure fair compensation.
Injury-Related Medical Evidence
Medical evidence and proof of the extent of your injuries can enhance the value of your dog bite lawsuit. That’s why it’s essential to undergo a medical assessment as soon as you can after the attack. Your doctor’s notes from their physical analysis will highlight bite marks and puncture wounds resulting from the dog’s bite.
You may also undergo further treatment and diagnosis for more serious dog bite injuries. It’s common for larger breeds, such as Rottweilers and Mastiffs, to break bones and damage ligaments and tendons. Your doctor may recommend an x-ray or ultrasound to help identify the full extent of the physical damage and build a comprehensive treatment approach.
Psychologists’ Reports
The mental health impact of dog attacks is still under analysis as we learn more about how the brain develops after traumatic events. The data suggest that children, in particular, experience significant traumatic stress after dog attacks. For example, a recent Contemporary Pediatrics study found most child dog bite victims suffer PTSD symptoms, including decreased school performance, anxiety, trouble sleeping, and irritability.
Often, the sudden nature of the attack, as well as the lasting damage the attack causes, leads to severe anxiety and may impact your ability to take on everyday activities, such as spending time with friends and family. According to the UK Centre for Medico-Legal Studies, Cynaphobia and agoraphobia are two mental challenges often experienced by dog bite victims.
Mental health professionals help provide clear clinical evidence of dog bite mental health damage and help link damage to treatment costs.
Witness Testimony
Many dog attacks occur in the home and at family gatherings. Having a number of people on the property in a confined space can make the animal more anxious, leading to them biting home visitors. Often, this means there are multiple witnesses to dog attacks.
New Jersey is a strict liability state, which means the dog owner is liable for the bite injuries regardless of their level of negligence. As a result, witness testimony may not be as valuable as in other states and for other types of personal injury cases. However, witness testimony can help prove that you, as the victim, did not provoke the dog and that you were not trespassing on the property at the time of the event.
Under New Jersey’s comparative negligence law, you may receive a lower settlement amount if it’s proven by the other party you provoked the dog before the attack. Witness testimony can help show there was no provocation or other mitigating factors.
Vocational Experts
The role of vocational experts in dog bite cases is invaluable as they can help prove the impact your injuries have had on your current employment status and the impact the injuries could have on your future employment. The expert can testify, for example, whether you’ll require additional training for a role that accommodates your injury-related physical restrictions.
Please read our recent blog post for more details on non-economic and economic damages.
Build Your Dog Bite Lawsuit on Four Decades of Litigation Experience
Bringing together all required experts and evidence to support your dog bite lawsuit claim, a skilled and battle-ready dog bite lawyer is central to lawsuit success.
David Cowhey has over 40 years of direct experience negotiating with insurance companies, fighting for dog bite victims, and achieving exceptional results in challenging cases throughout New Jersey. His expertise brings unparalleled value to your dog bite claim, and he can help guide you during your recovery as you begin your post-verdict life. David is available 24/7 to answer your dog bite lawsuit questions based on his decades of experience.
Begin your lawsuit today with a free, no-obligation consultation.
