What To Do After You Were Bitten? | Florida Dog Bite Attorney
Dog bites can be traumatic, both physically and emotionally. In Florida, a state renowned for its warm weather and pet-friendly environment, dog bites are more common than expected. Understanding your rights and the proper steps after a dog bite is crucial for ensuring you receive the compensation you deserve. The attorneys at Paul | Knopf | Bigger will guide you through the essential actions to take after suffering a dog bite injury in Florida and highlight the importance of consulting a Florida dog bite attorney. If you have immediate questions, contact us at (800) 434-4327.
Dog Bite Laws in Florida
Florida is a “strict liability” state regarding dog bites, which means that dog owners are held responsible for their dog’s actions, regardless of whether the dog has shown previous signs of aggression. Here’s what you need to know:
- Strict Liability: Under Florida Statute Section 767.04, dog owners are liable if their dog bites someone who is lawfully on public or private property. The injured party does not need to prove negligence; the owner’s liability is automatic.
- Exceptions to Liability: There are specific defenses available to dog owners:
- Trespassing: If the victim was trespassing at the time of the bite, the owner might not be liable.
- Victim’s Fault: If the victim provoked the dog, the owner’s liability might be reduced.
- “Bad Dog” Sign: If the owner displayed a clear sign warning of a “Bad Dog,” they might not be liable unless the victim is under six years old.
Steps to Take After a Dog Bite Injury in Florida
Taking immediate and appropriate action is vital if a dog has bitten you or a loved one. Here are the steps you should follow:
1. Document the Incident
- Take Photos: Before leaving the scene, if it’s safe to do so, take pictures of your injuries, the dog, and the surroundings.
- Write Down Details: As soon as possible, jot down everything you remember about the incident. This includes the dog’s behavior, the location, and any interactions you had with the owner.
2. Exchange Information
- With the Dog’s Owner: Get the owner’s name, address, phone number, and insurance details.
- With Witnesses: If there were witnesses, collect their contact information. Their testimony could be crucial if the case goes to court.
3. Seek Immediate Medical Attention
- Prompt Medical Care: Go to the nearest emergency room or see your primary care physician immediately. Dog bites can lead to infections, especially if the dog is unvaccinated.
- Documentation of Injuries: Early medical evaluation helps document the extent of your injuries, making it easier to claim compensation. Delaying treatment could weaken your case.
4. Report the Incident to Animal Control
- Filing a Report: Contact your local animal control agency to report the bite. Their investigation may help your case and prevent future incidents.
5. Consult a Florida Dog Bite Attorney
- Legal Advice: Even if the bite doesn’t seem serious, consulting with a Florida dog bite attorney is a wise move. An attorney can help you navigate the complexities of dealing with insurance companies and ensure you receive the compensation you deserve.
The Impact of a Dog Bite Injury
Dog bites can lead to severe physical and emotional consequences. Here’s what you might face after a dog bite:
- Medical Expenses: These can include costs for emergency care, surgeries (including plastic surgery or amputation), medications, physical therapy, and more.
- Permanent Injuries: Scarring, nerve damage, and other permanent injuries can affect your quality of life.
- Non-Economic Damages: You may also be entitled to compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Frequently Asked Questions About Dog Bite Claims in Florida
1. How Long Do I Have to File a Claim?
- Statute of Limitations: In Florida, you generally have four years from the date of the bite to file a personal injury lawsuit. However, consulting with an attorney as soon as possible is advisable.
2. Can I Sue If I Was Bitten by a Dog on Private Property?
- Lawful Presence: As long as you were legally on the property (e.g., as an invited guest), you can file a claim under Florida’s strict liability laws.
3. What If the Dog Owner Doesn’t Have Insurance?
- Uninsured Dog Owners: If the dog owner is uninsured, your attorney can explore other avenues for compensation, such as the owner’s personal assets.
4. Who is Liable for Dog Bites in Florida?
Florida operates under a strict liability law when it comes to dog bites. This means that if a dog bites someone, the owner is almost always held responsible, regardless of whether the dog has shown previous signs of aggression.
There are a few factors that can reduce the amount of compensation:
- Comparative Negligence: If the victim’s actions contributed to the dog bite, their compensation might be reduced. For example, if the victim was teasing the dog or trespassing on private property, these actions could be considered when determining the settlement.
- Lack of Supervision: In cases involving children, the compensation might be lessened if the parent or guardian failed to adequately supervise the child, leading to the attack.
- Adequate Warning: If the dog owner had posted clear warning signs about a dangerous dog, this might also affect the compensation awarded.
Given the complexities of liability in dog bite cases, it’s essential to have an experienced Florida dog bite attorney by your side. They can assess the details of your case, identify all liable parties, and help you secure the compensation you deserve. If you have more questions, give us a call at (800) 434-4327.
Understanding Florida’s Dangerous Dog Law
Under Florida law, a “dangerous dog” is defined as a dog that has aggressively bitten, attacked, or injured a person or another domestic animal. Once a dog is classified as dangerous, the owner must follow strict regulations, including:
- Registering the Dog: The owner must register the dangerous dog with local authorities within 14 days of the designation.
- Proper Enclosure: The dog must be kept in a secure enclosure that prevents it from escaping and potentially harming others.
- Reporting Incidents: The owner must notify animal control if the dog bites another person or animal, or if the dog escapes from its enclosure.
- Annual Registration: The owner must renew the dog’s registration annually to ensure compliance with the law.
- Use of Leash and Muzzle: When outside of its enclosure, the dog must be restrained with a strong leash and muzzle under the owner’s control.
Even if a dog has not been officially declared dangerous, the owner can still be held liable for any injuries the dog causes. This is why it’s critical to consult with a Florida dog bite attorney if you’ve been attacked.
Common Types of Dog Bite Injuries
Dog attacks happen more often than you’d believe and can result in a wide range of injuries, some of which can have long-term or even permanent effects. The most common types of injuries sustained in dog attacks include:
- Puncture Wounds: Deep wounds caused by the dog’s teeth can lead to significant blood loss and infection.
- Lacerations: Torn skin and muscle tissue can result in severe pain and may require stitches or surgery.
- Nerve Damage: Bites near nerves can cause permanent damage, leading to loss of sensation or movement.
- Scarring and Disfigurement: Dog bites often leave lasting scars, especially on the face, which can impact a victim’s self-esteem and quality of life.
- Infections: Dog bites can introduce bacteria into the body, leading to serious diseases such as cellulitis or rabies.
- Bone Fractures: In severe cases, a dog bite can break bones, particularly in the hands or arms.
- Emotional Trauma: The psychological impact of a dog attack can be profound, resulting in conditions like post-traumatic stress disorder (PTSD).
In the most tragic cases, dog attacks can be fatal. If you’ve lost a loved one due to a dog bite, a Florida dog bite attorney can help you file a wrongful death claim to seek compensation for funeral expenses, emotional suffering, and other related costs.
How Much Can You Sue for a Dog Bite in Florida?
The amount of compensation you can receive from a dog bite claim in Florida varies based on several factors, including the severity of your injuries and the long-term impact on your life. Common damages you may be entitled to include:
- Medical Expenses: This covers current and future medical costs, including surgeries, rehabilitation, and medication.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for lost income.
- Diminished Earning Capacity: If the dog bite has left you with a permanent disability, you may be entitled to compensation for the reduction in your ability to earn a living.
- Pain and Suffering: This refers to the physical pain and emotional distress caused by the attack.
- Disfigurement: If the dog bite has caused permanent scarring or disfigurement, you may be entitled to additional compensation.
- Loss of Enjoyment of Life: If the attack has impacted your ability to enjoy daily activities, you can seek compensation for this loss.
Before accepting any settlement offer from an insurance company, it’s crucial to consult with a Florida dog bite attorney. Insurance companies often offer settlements that are far less than what you deserve. Your attorney will ensure you receive a fair and comprehensive settlement covering all of your damages.
Why You Should Hire a Florida Dog Bite Attorney
Many dog bite victims hesitate to contact an attorney, especially if the dog’s owner is a friend, neighbor, or family member. However, attempting to handle the situation alone can lead to inadequate compensation for your injuries. A dog attack can be traumatic, causing lasting physical and emotional damage, and you shouldn’t have to bear these burdens alone.
An experienced Florida dog bite attorney can help you navigate the legal process, ensuring you receive the maximum compensation possible. Here’s what a skilled lawyer can do for you:
- Evaluate the Extent of Your Damages: A lawyer can accurately assess the full impact of the attack, including medical expenses, lost wages, pain and suffering, and emotional distress.
- Identify All Responsible Parties: In some cases, there may be multiple parties liable for your injuries, such as the dog owner, property owner, or even a landlord. Your attorney will thoroughly investigate to hold all responsible parties accountable.
- Collect Critical Evidence: Your attorney will gather evidence such as witness statements, medical records, and photographs to build a strong case on your behalf.
- Handle Insurance Companies: Dealing with insurance companies can be overwhelming. Your attorney will negotiate with them to ensure you receive a fair settlement.
- Represent You in Court: If a fair settlement cannot be reached, your attorney will be prepared to take your case to court and fight for your rights.
During your free initial consultation, your attorney will listen to your story, assess the merits of your case, and provide guidance on the best course of action.
Paul | Knopf | Bigger – Protecting Your Rights with a Florida Dog Bite Attorney
Dog bites are serious incidents that can lead to significant physical, emotional, and financial consequences. In Florida, where dog owners are held strictly liable, you have the right to seek compensation for your injuries. Taking the proper steps after a dog bite and consulting with an experienced Florida dog bite attorney can make all the difference in the outcome of your case.
If you or someone you know has been bitten by a dog in Florida, don’t hesitate to seek legal advice. A Florida dog bite attorney at Paul | Knopf | Bigger can guide you through the process, ensuring your rights are protected and you receive the compensation you deserve. Contact us now at (800) 434-4327.
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Sources:
- https://www.flsenate.gov/Laws/Statutes/2021/767.04
- http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0767/Sections/0767.04.html
- https://www.dogsbite.org/dog-bite-statistics.php
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6431755/
- http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0767/Sections/0767.11.html