Because dog bite is a bodily injury, legal expertise is required to quantify the damage suffered by the bite victim. In the case of dog bites, cosmetic damages can be significant and could require extensive medical procedures such as skin grafts or reconstructive surgery. It is therefore important that assessment of the damages is precise and thorough. An attorney will be able to assess both temporary and permanent damage.
Access to an Unbiased Medical Doctor
In this regard, having access to an expert doctor for dog bite victims will be essential especially if the medical professional is independent of the insurance company of the owner of the dog. A Personal Injury Lawyer such as Krasney Law will be able to provide useful advice to the victim and be able to recommend an independent medical practitioner capable of preparing the expert opinion for the benefit of the victim.
The Legal Recourse
If you are a mailman or delivery person, there is a possibility that you would be injured or become a dog bite victim at some point in your working life. You need to know your rights. If the bite occurred on the dog owner’s property, you have legal recourse to consider so you can get the highest form of compensation for loss of work, pain and suffering, and medical cost.
The Dog Owner
The owner of the dog has certain responsibilities to keep service professionals like you safe. By law, the dog should be securely tied up in a kennel or kept inside the house. If the dog owner does not maintain a safe environment for the delivery person or mailman, then the law protects the latter and the dog owner can be sued for damages if there is an assault by the said dog.
It should be noted that the plaintiff of a personal injury lawsuit against the owner of an animal does not have to prove the fault of the latter. For example, it is not necessary to prove that the defendant was negligent in not putting a dog on a leash or that the dog was aggressively bred. Therefore, the defendant will not be able to evoke the absence of fault as a defense. Indeed, the law provides for a presumption of liability without regard to a fault: the mere fact of owning the animal that caused the injuries is sufficient for the owner of the animal to be held liable.
Here are the elements necessary to have the right to legal action against the owner of the animal:
- Establish who is the owner of the animal or the user of the animal;
- Explain the details of the incident
- Get a medical expert to explain details of the injuries
Please note that the amount of non-pecuniary loss that may be awarded to you as compensation for injury may vary greatly from case to case. Hiring a lawyer who is well-versed in dog bite and other similar personal injury cases is a smart idea because they know how to navigate complex cases and guide you in the right direction.
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