So many homes in Texas have a dog, whether it’s for security purposes or just as a pet for companionship. While most of them are friendly and are only vicious to intruders, there are cases where these dogs cause serious harm to innocent people. Sadly, dog bites can be painful and often leave a trail of trauma to victims, especially children. What most homeowners forget is that these animals act on instinct.
If you or your loved one has been injured in a dog attack on someone else’s property, you may be wondering what your rights are. Just because you suffered harm doesn’t mean that the owner is liable, or that you automatically qualify for compensation. The best way to determine this is to retain a Katy dog bite lawyer who is well-experienced in handling dog bite claims. The skilled attorneys at our firm are aware of the emotional and financial implications that follow a serious injury. Because we care, we dedicate our skills and resources to aggressively fighting for your rights.
In any personal injury case, your rights to compensation are largely dependent on the state where you suffered harm. In most states, including Texas, you need to prove that the defendant was at fault for your injuries, either through their actions or inactions. As long as they bear at least 51% liability, they become accountable for your injuries and the damages that follow. A knowledgeable Katy dog bite lawyer will need to prove the four basic elements of negligence which are:
Proving the above-mentioned elements is crucial to winning your case. Without doing so, your quest for compensation may be in limbo. A good personal injury attorney knows what it takes to prove negligence, and you should hire the best for your case.
If a dog attacks and injures someone, the owner may be subjected to criminal and civil charges. The only difference is that criminal action does not yield any compensation to the injured party, and is spearheaded by a state attorney. To recover damages, you must file civil charges in a court of law or settle with insurance companies.
The Texas Health and Safety Code Section 822.005 lays out the scenarios under which the dog owner may be charged with a felony. They are:
Understanding how different laws apply in your case may be difficult. You need a seasoned Katy dog bite lawyer who specializes in such claims.
For many personal injury victims, determining whether to sue or settle is probably the biggest concern. Some prefer settling with insurance companies out of court due to a lack of legal knowledge. Others give up on their legal rights altogether without consulting with a lawyer. Retaining an understanding dog bite attorney allows you to weigh your legal options for your case.
The first and most popular way of recovering damages in any personal injury case is by negotiating with insurance companies. Most cases settle here. Your attorney spearheads the process to protect your rights against insurance adjusters. Although you can negotiate on your own, many insurance adjusters persuade victims representing themselves into accepting lowball settlement offers. A dog bite lawyer will always have your best interests at heart and will do everything possible to get you full justice for your injuries.
If negotiations fail, and you don’t reach an agreement with insurance companies, you may proceed to trial. Unfortunately, this process is more complex compared to an out-of-court setting. There is a lot of paperwork to file and fees to pay. You will also need to take depositions and table evidence before a judge or jury. The good thing about going to court is that compensation is determined by a jury of your peers.
At Lone Star injury Attorneys, our legal teams have handled dog bite claims and helped victims like you get their deserved compensation through negotiations and litigation. We are knowledgeable in state and federal statutes regarding such claims. To retain one of our Katy dog bite lawyers, please contact us today to set up a free consultation.