Dog Bite Claim Basics
To begin, it’s important to understand how dog bite claims work in the State of New Jersey.Strict Liability
In New Jersey, dog owners are not allowed a so-called free bite when it comes to their pets. While some states do employ a one-bite policy that does not place responsibility on the dog owner unless the dog has already exhibited aggression in the form of a bite – or the dog owner has good reason to believe it might. Instead, New Jersey employs strict liability in relation to dog bites, which means that – unless one of the following applies – the dog owner is responsible for any injuries their pet’s bite causes, including a first bite:- The injured victim was trespassing on the dog owner’s property at the time of the attack.
- The injured victim was provoking the dog in some way at the time of the attack.
Necessary Elements
In order for your dog bite claim to be successfully resolved, you’ll need to prove that four basic elements are present, including:- The dog owner owed you a duty of care – or had a responsibility to keep you safe from their pet’s bite – which, in New Jersey, is true in all but very rare circumstances.
- The dog owner failed to live up to this responsibility.
- The dog owner’s breached duty of care – or lapse in responsibility – was the direct cause of the dog bite incident.
- You suffered covered losses as a result.
Compensation Sought
Dog attacks are terrifying, dangerous events that often come out of nowhere. As a result, the law allows claimants to seek compensation for all the following related losses – or legal damages:- Your current and ongoing medical expenses
- Your current and ongoing losses related to income
- Your physical and emotional pain and suffering
A Note about the Insurance Company Handling Your Claim
Generally, dog bite claims are filed through the dog owner’s homeowners’ or renters’ insurance policy. While the insurance company is paid to cover your losses fairly, it will employ whatever tactics it can get away with in its quest to keep your settlement as low as possible, which can include any of the following:- Offering you an early settlement that does not begin to approach your total physical, financial, and emotional losses
- Questioning the role you played in the incident, which generally means intimating that you provoked the dog in question
- Calling their policyholder’s negligence into doubt
- Calling the extent of your claimed losses into doubt
- Prolonging and overly complicating the claims process
Understanding the Legal Process of Filing a Dog Bite Claim in Newark
When it comes to filing a dog bite claim in Newark, you’ll move through several basic important steps, including:- You’ll file your claim through the at-fault pet owner’s homeowners or renters insurance provider, which begins the claims process.
- Your focused injury lawyer will gather all the available evidence in the creation of your strongest claim.
- Your injury lawyer will enter into skilled negotiations with the involved insurance provider.
- If a fair settlement that adequately addresses your complete losses in their entirety is ultimately reached, the matter is settled.
- If the insurance company is not interested in engaging in fair settlement negotiations, your injury lawyer will very likely advise you to file a lawsuit against them.
- Your savvy injury lawyer will be well prepared to move forward toward trial, where they will fiercely advocate for your case’s most advantageous conclusion.
Protecting Your Claim
Your dog bite claim will include circumstances that are unique to your situation and will follow its own path, but there are steps that it’s beneficial for every claimant to take.Seek Immediate Medical Attention
Dog bites are serious injuries that are highly prone to infection. The gnashing motion that dogs employ helps to ensure that their bites are more like tears, which take longer to heal, are more susceptible to complications, and often lead to serious scarring. Further, a dog bite can be exceptionally deep, and because dogs are more likely to go for a victim’s hands or face are more likely to be exceptionally serious.Consult with a Seasoned Injury Lawyer Early in the Process
The most important step you can take toward achieving fair compensation after a dog bite is consulting with a savvy injury lawyer as early in the process as possible. Dog bite claims are legally challenging, and any misstep on your part can seriously hinder the strength of yours, which can directly affect your ability to achieve your most complete recovery. Having a distinguished injury lawyer in your corner is always to your advantage.Follow Your Doctor’s Instructions Carefully
It’s not enough to seek medical care – you’ll also need to carefully adhere to your doctor’s medical instructions and guidance. This is the surest means of supporting your health and well-being and the best way of demonstrating to the involved insurance company that your dog bite injury is as exactly as serious as you claim it is.Let Your Injury Lawyer Communicate with the Insurance Company on Your Behalf
Insurance companies sink significant resources into tripping claimants up, which includes eliciting statements from them that ultimately prove claim damaging. You are not required to make a statement about the dog bite incident – regardless of what the insurance rep tells you – and you’re well advised to leave this task in the capable hands of your trusted injury lawyer.Take a Break from Social Media While Your Claim Is Pending
As mentioned, the insurance company handling your claim is very interested in anything you have to say – for the purpose of twisting your comments’ meanings to its own benefit. This applies not only to any statements you make to it but also to anything you post on social media. Because it’s impossible to know how the insurance company will interpret your words, it’s best not to give them the opportunity to do so.Importance of Hiring a Dog Bite Injury Lawyer for Your Case
Dog bite claims face complex legal challenges, and without a practiced dog bite injury lawyer guiding you, your ability to obtain just compensation can be jeopardized. In addition to ably handling the insurance company on your behalf, your lawyer will engage in all the following:- Your injury lawyer will help to ensure that all the available evidence is compiled and skillfully crafted into a powerful claim that clearly represents the dog owner’s negligence and the extent of your resulting losses.
- Your injury lawyer will help to ensure that the insurance company adheres to good faith practices, including addressing your claim in a fair and timely manner.
- If any legal obstacles arise, your injury lawyer will help to ensure that they are smoothly navigated around.
- If there is any question regarding the dog owner’s negligence or the extent of your damages, your injury lawyer will help to ensure that they are effectively and efficiently resolved in your favor.
The Benefits of Working with an Experienced Injury Lawyer for Your Newark Dog Bite Case
The benefits of working closely with an experienced injury lawyer for your Newark dog bite case are difficult to overstate. Some primary examples include:- You can rest assured that your claim and your best interests are in good hands from the start.
- There is no need to fear the insurance company taking advantage of your vulnerability in this extremely difficult situation – your injury lawyer is on it.
- You can rely upon your injury lawyer to zealously advocate for your claim’s best possible conclusion, which includes proceeding to court if it’s in your best interest to do so.
- While you focus on your physical and emotional recovery, you can count on your injury lawyer to earnestly fight for your legal rights and for your claim’s optimal outcome.
