What You Need to Know If You Have Suffered a Dog Bite Injury in San Diego, California
The frequency of dog bites is on the rise in San Diego and across the nation. Dog ownership has steadily increased for decades, and with the onset of the pandemic, more people started working from home, resulting in a surge in the number of households with canine companions. With more dogs in your neighborhood than ever before, your chances of being bitten or otherwise injured because of a dog are higher than ever.
Injuries from dog bites and other canine encounters can result in major expenses. But before you let the dog owner or their insurance company simply write you a check to cover your doctor or emergency room visit, think twice. Further complications from your injury may arise down the road along with additional medical bills, lost wages, and more. Your best option is to talk to an experienced dog bite lawyer like those at Mova Law Group – Personal Injury Attorneys. We know what to watch out for and how to negotiate the best deal to ensure all your damages are covered.
Dog Bite Injury Statistics for San Diego and Beyond
Every year, 4.7 million dog bite injuries are reported across the United States, and likely many more go unreported. Not all injuries from dog bites are serious, but many are, and this can be especially true for children who make up more than 50% of dog bite victims. Nearly 1 in 5 dog bites becomes infected, requiring additional medical care beyond the initial visit with a doctor. According to the Centers for Disease Control, deadly canine attacks have doubled over the past decade. Disfigurement is also a risk; in 2018 alone, 27,000 people required reconstructive surgery because of dog bites.
Emergency rooms in California serve 60,000 patients every year due to injuries caused by encounters with dogs and 87% of those are dog bites. In San Diego county, where there are an estimated 500,000 dogs, about 2,500 dog bites are reported annually to the California Department of Public Health, but given that not all cities meet reporting requirements, the true number of bites is certainly much higher.
How Much Money Could I Get for My Dog Bite Injury?
The cost to dog owners and their insurers has been steadily climbing. In 2010, the cost of a dog bite related hospital stay exceeded $18,000 on average, fully 50% higher than the average cost for other injury related stays. According to the Insurance Information Institute, the average payout on claims for dog-related incidents rose 82.5% from 2014 to 2023. This increase is the result of rising medical costs as well as larger settlements, awards, and judgments given to plaintiffs in dog-related injury cases, resulting in a staggering $1.12 billion in payouts by homeowners insurers for these claims in 2023.
The monetary losses for dog attack victims is massive, with a reported $2 billion in monetary losses annually. If you or a loved one has been the victim of a dog bite, the losses you experience could include medical bills, lost wages, and reduced earning capacity. Non-monetary costs may include things like pain and suffering and loss of self-esteem due to disfigurement or impaired physical ability. And in the unfortunate case that a dog bite causes death, the costs are truly catastrophic.
Every dog bite and dog-related injury is unique, and the circumstances of the accident determine liability and the potential for compensation. Whether or not you have a case for monetary damages will depend on several factors, which is why you should speak with a personal injury lawyer who specializes in dog bites to find out what your legal options are.
Should I Accept a Cash Settlement from the Dog Owner’s Insurance Company?
Many homeowners and renters insurance policies cover damage caused by the policy holder’s dog even if the incident occurs away from their home. If you are injured by a dog, you may very well be contacted by the insurance company with a settlement offer. One very important thing for you to know is that settlements are offered with the intention of making future lawsuits go away. Their offer may provide some initial financial relief and you may be tempted to take the quick money.
But remember this: some injuries that seem relatively minor at first can become more painful and costly down the road as additional symptoms and complications become apparent. When you accept a settlement, you are forfeiting your right to any further compensation later, even if later you need surgery, physical therapy, medication, or have other expenses related to your injury.
If you’re being offered money, it’s because the insurance company doesn’t want to be on the hook for future expenses you may incur. If you are contacted by an insurer, the best course of action is to let a knowledgeable dog bite lawyer like those at Mova Law Group – Personal Injury Attorneys speak with them. Injury victims sometimes inadvertently say things that make it harder for us to get them the compensation they deserve. Don’t accept a settlement. Don’t even take the phone call. We are experienced in negotiating with insurers on behalf of our clients and we think long-term about the expenses you may have to deal with months and even years after an injury occurs.
Is the Owner Always Liable for Damages Caused by Their Dog?
To prove to the insurance company or the court that you are entitled to money for your damages, you will need to prove that your injuries were caused by the dog. Unlike with other personal injury cases which require you to prove negligence, in California dog bites fall under something called “strict liability.” This means the dog owner is responsible for injuries caused by the dog bite, regardless of whether there was negligence or the owner knew or should have known their dog was aggressive.
Note, however, that strict liability does not automatically apply if you are hurt because a dog ran into you and knocked you over or its leash wrapped around your legs causing you to twist or fall. Similarly, if you were trespassing or you intentionally provoked the dog, the owner may not be liable. Whatever the circumstances, consult with an experienced personal injury attorney for guidance on how to proceed with your case.
How Can I Make Sure I Receive Fair Compensation for My Dog Related Injury?
There are several important steps you should take immediately after an encounter with a dog that has caused injury, no matter how minor.
First, ensure everyone’s safety by getting away from the dog. Once the dog is secure, exchange contact information with the dog owner and get the contact information of any witnesses as well.
If the injury is severe, call 911. Seek immediate medical attention, even if you think you feel fine or the skin isn’t broken. Some injuries take a few hours or days to appear such as bruises and pulled muscles and ligaments. There could be secondary injuries such as a blow to the head, and symptoms of a concussion don’t always manifest right away. Sometimes going into shock can keep you from realizing you’ve been injured and the pain comes later, so see a doctor as soon as possible after the incident.
After you have received medical care, contact animal control or the police department to make a report. You’ll be asked to provide medical documentation for your injuries. The San Diego dog bite report form also collects information about when and where the incident took place, contact information for the dog’s owner, and various details about the dog such as size, breed, color, age, and whether or not it was on a leash, so be prepared to provide this information.
When Should I Call a Personal Injury Attorney After a Dog Bite?
Contact a personal injury lawyer as soon as possible, even before you file an official report with the city or county. Everything you say about the incident will be seen by the insurance company (or a jury if it goes that far), and you never know what you will say that might unintentionally undermine your case. And again, it is advisable that you let your attorney speak to any insurance company that reaches out to you regarding the incident.
The lawyers at Mova Law Group – Personal Injury Attorneys are very experienced in negotiating with insurance companies to help our clients get the compensation they deserve, keeping in mind that medical and other expenses can unexpectedly snowball weeks and months after an accident. Please call us before you attempt to talk to an insurer on your own. We can help you get the money you need to make you whole after a serious dog bite injury.