Understanding New Jersey’s Dog Bite Laws
According to New Jersey law section 4:19-16, dog owners are responsible for the activities and behaviors of their dogs. The law states: “The owner of any dog which shall bite a person…shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.” In a nutshell, anyone attacked by their dog can sue the owner for damages. It can be harder to establish a dog bite claim if the person who got bit was trespassing onto the dog’s property or somehow provoked the dog (say, by throwing rocks at it). These dog bite lawsuits may include pain and suffering, medical bills, loss of income, nursing care, physical therapy, and even injuries sustained in trying to escape the dog in question (say, breaking your leg while trying to jump a fence). The dog’s history has no real bearing on the settlement. Since most dog attacks are completely unprovoked by dogs with no history of aggression, the case focuses on the incident in question.The New Jersey Legal Process After Reporting a Dog Bite
In New Jersey, any dog that bites (or even scratches) someone must be placed in quarantine for a ten-day period. This happens at a county shelter facility and is at the owner’s expense. This quarantine is to control the spread of diseases like rabies. After the ten-day period, an animal control officer checks the dog’s health and recommends how to proceed if there are any concerns. It is possible for the dog to return to his or her owner at that time, but the animal control officer may require that the owner keeps the dog locked up, keeps the dog in a muzzle, or places warning signs around the property. In extreme circumstances, the officer can mandate that the dog be euthanized, particularly if it carries diseases.Importance of Hiring Skilled and Experienced Dog Bite Lawyer
The insurance company is Goliath, and you are David, to put it in simple terms. You need an experienced New Jersey dog bite attorney in your corner to make this a fair fight. These mega-corporations have highly-skilled negotiators that send out lowball offers to accident victims around the clock. Dealing with insurance companies is a serious time suck of the most stressful nature. After an injury, you don’t have the capacity to jump through a bunch of hoops while trying to focus on recovering. Without a skilled attorney on your side, you are undoubtedly going to end up leaving money on the table.Factors In Choosing a Dog Bite Lawyer in New Jersey
Here are four things to look for when hiring a New Jersey dog bite attorney to help you fight Goliath:- Customer Service – Did you get the office voicemail even though you called during business hours? Is the law firm willing to communicate via your choice of text message, email, or phone call? How long did you wait to hear back when you left a message? With dozens and dozens of local attorneys in your area competing to be your representative, there is no reason to settle.
- Experience – In some industries, you’d expect a recent graduate, with his or her up-to-date skills and most current knowledge, would be your best bet. In this case, though, law school can’t teach you how to leverage and negotiate. Only experience can do that. A “seasoned” lawyer will certainly not be out of touch here, if that is your concern. Lawyers are actually required by law to complete “continuing education” activities every year to stay licensed. So any lawyer, regardless of his or her graduation date, has up-to-date and current training.
- Test Drive – Don’t skip over the vetting process with the lawyer you choose. Pick your top 2-3 injury attorneys and then schedule consultations with them before you make your decision. There are certain things you can’t feel out over the phone, like maybe the lawyer’s office is disorganized and overcrowded. Maybe the attorney was amazing over the phone, but his or her staff is overworked, impatient, and less than friendly. Take the lawyer for a test drive before you hire.
- Results – If you truly want to get the best settlement offer possible, it is of the utmost importance that you hire someone whose legal practice focuses on dog bite cases, not a “jack-of-all-trades.” Be sure to research the lawyers’ reviews, weighing the good and bad.
Dog Bite Lawyers Pay for Themselves
The Insurance Research Council conducted a study of insurance claims recently. The IRC discovered that accident victims with professional legal representation received 3.3 times as much in settlement payments. Even taking into consideration the legal contingency fee for your attorney, you still walk away with more money in your pocket (about double, to be exact). Not having a lawyer is a huge gamble, and you have nothing to lose by hiring legal representation since you do not pay anything out of pocket. The point is that there are only benefits – and no drawbacks – to fighting your dog bite case with the help of an experienced, knowledgeable lawyer. But you need to find the right lawyer who has experience with dog bite claims.If You Decide to DIY Your Dog Bite Claim
Many people are still tempted to forge ahead with an injury claim alone. Accident victims who handle their cases experience difficulties like these:- They may not realize that critical evidence is being mishandled. Often laypeople don’t understand what kind of proof they will require to fight their cases. For example, immediately after the dog bite, the right lawyer might have encouraged the victim to keep a journal that clearly described his or her suffering, medical expenses, painful recovery, lost income, nightmares, and related issues. This journal is 100% admissible as evidence and is a free and easy bolster for your claim. But, without a lawyer, the average person would most likely skip this simple solution. Later, if a judge or mediator asks precisely how much weight you lost from being depressed or exactly how many nightmares you had, that information is just a page away. These are the factors considered in determining your settlement amount. A rock-solid answer like, ”I’ve had seventeen panic attacks,” is most likely going to result in a bigger offer than an uncertain answer like, “I don’t know…a few panic attacks.”
- Because laypeople don’t know the ins and outs of the legal negotiation process, many feel compelled to accept the first settlement offer. They are desperate, worn out, and overwhelmed. All too often, they don’t know what they don’t know.
- They simply approach the case wrong, and this prevents them from getting a better settlement. The Lemon Law is a great example. If you were injured because of a “lemon,” the car manufacturer will almost certainly ask you to participate in mediation. A win-win, right? Cheaper, faster, and more casual. No, this is actually a trick that gets the car manufacturer out of having to pay for your attorney’s fees. The Lemon Law requires car manufacturers to pay your attorney’s fees if you go to court. Worse yet, lawyers are not allowed in mediation procedures at all. This is a clear victory for the car company, as they strip you of your potential for legal representation and then skirt the bill. If you had brought a lawyer on board, he or she would have advised you to go to court.
