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DO I NEED AN ATTORNEY TO HELP WITH COMMON DOG BITE INJURIES?

Nina Zade • January 25, 2022

There is a saying, of course, that “dogs are man’s best friend,” but sometimes even the gentlest dog can bite others or damage property. Dog bites, unfortunately, are not all that rare. According to the Centers for Disease Control (CDC), there are nearly 4.5 million dog bites each year in the United States alone, and, of those, nearly 800,000 victims require medical attention. This means that roughly 1 in 70 Americans is bitten by a dog each year. While some dog bites are just a minor nip or a scratch, the majority that require medical attention are serious. Dog bites can lead to damage in a nerve, can cause permanent scarring (which can lead to disfigurement) and some unfortunate individuals may be left with a permanent disability if the bite resulted in the loss of muscle mass or a serious nerve injury. Sometimes it may be that your dog has bitten another person, and other times, that you have been bitten by a dog belonging to someone else. Should you contact a Phoenix dog bite attorney if you have been bitten by a dog resulting in common dog bite injuries? In short–yes.

ARIZONA LAWS REGARDING DOG BITES

In the USA, dog bite laws vary from state to state, and the only way to know your legal liability is to speak to an experienced Phoenix dog bite attorney. The lawyer can also suggest some type of defense that may be held up in court and what type of monetary and legal consequences you may face if your dog has bitten someone else. If you have been bitten by someone else's dog, the lawyer can tell if you have a legal claim, the potential extent of your liability, how much compensation you may be able to receive, and for how long. In Arizona, the law is clear; if another dog bites you, the dog owner is 100 percent responsible for all the injuries and damages.

What Should I Do If I Am Bitten By Someone Else's Dog?

1. First, it all depends on your injury. If the injury is minor, like a scratch, and you have not suffered any property damage following the dog bite, there is no point in making a claim. Just speak to the owner of the dog to make sure he understands the legal repercussions if it happens again.

2. If the injury is moderate to severe, first you need to seek medical assistance, of course. Make sure the dog bite injuries are fully documented by the healthcare provider and that you have many images that can help support your claim.

3. The third step is to contact the dog owner's insurance company and file a claim. In the majority of states, most homeowners' insurance policies will cover a dog bite claim if it occurs on the insured’s property. In some cases, the policy may also cover a dog bite that occurs away from the dog owner's property, as long as the dog has been kept on the property. But the insurer may play hardball, offer a minimal amount of compensation, and may also mandate that you cannot sue in the future if there is an injury.

Contacting a Dog Bite Attorney

By seeking help from a Phoenix dog bite attorney, you will learn your legal rights, and, more importantly, the attorney can communicate with the insurer on your behalf and help you get a fair settlement. If that fails, a dog bite lawyer can also file a lawsuit against the owner of the dog for damages. Most importantly, a dog bite attorney will know the latest laws, be able to total your damages, and effectively present the evidence.

Proving Liability

First, check the local district laws about pet owners and their responsibilities. Determine if they are responsible for minor as well as major injuries. Minor injuries like scratches and abrasions may not be enough to warrant a case but anything like a serious bite to the face, groin, hand, eyes, or ears are typically compensated.

Diverting Blame and Liability

In many cases of dog bite injuries, the owner will divert the blame onto the victim by claiming that the victim instigated the attack, thus reducing his or her liability.

Finding a dog owner liable depends on the strength of the case and state laws. In some states, there is the one-bite rule and imposes liability only if the owner had reason to know or knew that his or her dog was dangerous. For example, the dog may have bitten someone else in the past.
In general, dog owners have a responsibility to the public to ensure their animal can’t hurt someone if the victim is in a public place.
Some jurisdictions will hold an owner liable if the dog has bitten someone before or has an aggressive history. In rare cases, you may have a claim against multiple parties, including a business owner, dog owner, or even a security guard.

However, in most states, including Arizona, the laws have imposed strict liability on dog owners. The victim only has to prove that the injury was caused by the dog bite while he or she was in a public place legally, regardless of what precautions the dog owner had undertaken.

What Type of Defense Can You Face?

The dog owner may hire an attorney to defend the allegations about the dog bite injuries and some of the common defense arguments you may face include:

You provoked the dog. In most cases, if you provoked the dog and subsequently got bitten, you will not be compensated.
You were trespassing on the owner’s property. If you enter the owner's property uninvited and get bitten, then you generally cannot sue for any injuries.
You failed to assume the risk. For example, the owner may claim he or she was walking with a leashed dog in a public place, and you did not assume the risk of a dog bite, even though the owner's dog was big. Instead of walking on the opposite side of the street, you continued to walk near his dog and because of that, you got bitten. Exposing yourself to risk and then getting bitten often can result in no compensation. If you believe the other dog is big, dangerous, or aggressive, the prudent thing is to walk away or on the other side of the street.

How to Win Compensation

The most effective way to win compensation following a dog bite is to hire an experienced Phoenix dog bite attorney. Seek someone who has dealt with dog bites before. You want someone who can represent you with your negotiations with the insurer, and, if that fails, a lawyer who is not afraid to file a lawsuit.

CONCLUSION

We offer a free initial consultation and no money down. At the first consultation, our lawyers can advise you of your rights and also deem the validity of your case. There is no money down and the lawyer only gets paid when he or she wins your case. Contact a Phoenix dog bite attorney today because Arizona has a one-year statute of limitations on common dog bite injuries. If you are late by even a day, the court can refuse to hear your case. Call the Law Offices of Richard A. Gullette at 1-602-230-2916 today.

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WHAT HAPPENS WHEN I GET BIT BY A DOG?

By Nina Zade • January 25, 2022

What happens when you are bitten by a dog? What are the dog bite laws in Arizona? You may need a dog bite attorney. Read more here.

WHAT HAPPENS IF MY DOG BITES ANOTHER DOG?

By Nina Zade • January 25, 2022

What happens if my dog bites another dog? What happens if my dog is bitten by another dog? Let's look at the legal ramifications.

How Do You Prevent a Wrongful Death?

By Nina Zade • December 27, 2021

How do you prevent a wrongful death? Of course there's no way to prevent any and all bad things from happening, but let's take a look at how your workplace can ensure you have your bases covered.

What Should I Look for in a Wrongful Death Attorney?

By Nina Zade • December 23, 2021

Suddenly losing a loved member of a family because of the negligent or careless actions of another person can be devastating. Further, it can also deprive the family of income if the deceased individual was the sole breadwinner. In some cases, one aid for the survivors is to file a wrongful death lawsuit. There are many lawyers in Arizona from whom to choose; what are the best characteristics to look for? Below are tips on a few things to note when searching to find the best wrongful death attorney. Empathy and Compassion: When a family has lost a loved one, grief is a common emotion. Therefore, you want to select a professional who understands your grief and is sensitive to your tragedy. A lawyer who understands what survivors go through or has even gone through the same experience himself/herself will be better able to fight for your case and your legal rights. Experience: Wrongful death cases are not a given to win; in all cases, the defendant will have his or her lawyers who will deny all the allegations. Thus, you need a lawyer who has experience not only in court matters, but also one who knows how to negotiate and undertake the investigation to determine who was at fault and negligent. Not all personal injury lawyers have the experience to win wrongful death cases and you should always ask how much experience the lawyer has and his success rate. You need someone who can argue your case with confidence and be able to back it up with evidence. Ability to Communicate: There are many good wrongful death lawyers but not all of them can communicate effectively. They often use legal terminology without explaining what it means. Also, many lawyers are very busy and often have very little time to communicate with the client. Sometimes the client is never given an update on the case or only hears from the junior staff. You preferably want someone who knows the importance of communicating with you, who is able to patiently explain to you all the legal terminology and the steps involved in a wrongful death case and update you frequently as to how the case is progressing. At all times, the best wrongful death attorney should keep you fully informed about the next steps in the case. Amicability/Approachability: Even though there are some outstanding lawyers who have won wrongful death cases, some do not come across as friendly or approachable. Some may make you feel nervous, anxious, or you may feel afraid of asking questions . This is not the type of lawyer you want. You should select someone who is warm, approachable, and easy to talk to. You should never be afraid to ask or speak to your lawyer. In general, lawyers that work for large firms are often busy and are hard to get hold of. You are more likely to find personable and friendly lawyers in smaller or solo firms. Most of the time, you will find these down-to-earth lawyers will take ample time to sit and explain the whole process involved in a wrongful death lawsuit to you. Integrity: Like in all professions, there are some lawyers who have good morals, are ethical, and have excellent character, and then there are others who may not be trustworthy. Before you even step into the lawyer’s office, you should have scanned the internet and read the reviews . You need to select a lawyer who is honest, transparent, and trustworthy. You should be able to tell that during the first consultation if this is the lawyer you want. An honest and the best wrongful death attorney will answer all your questions, be upfront about the fees, and will explain everything to you in detail. If you are ever unsure about a wrongful death lawyer, seek a second opinion. Recommendations: Always speak to friends and families who have dealt with a wrongful death lawyer and learn about their experiences. In many cases, this is perhaps the best way to find a good lawyer. Strong recommendations from family and friends are a good indication that this is the best wrongful death attorney with whom you should consult. Do not make a final decision until you actually speak with the lawyer. Time: You also want to know how much time the lawyer will devote to your case . With large firms, the case is usually assigned to junior staff, but in smaller or solo firms, the lawyer will himself be involved in your case from start to finish. The Right Rapport: Sometimes when talking with someone, you will instantly develop a good rapport. Both of you will just “sync” and this is what you want in a lawyer. You want someone with whom you have a good relationship because, remember, you will be working together for many months. When you first consult with the lawyer, assess his/her demeanor, patience, and use of words; if he or she is on the mobile phone every other minute, this is the last person you want as your lawyer because obviously they have no time for your case. Conclusion Finding a good Arizona wrongful death lawyer to handle wrongful death cases is not difficult as long as you do your homework. Before walking into the lawyer’s office, you should know something about his or her education, training, and what online reviews have said. In most cases, you will be able to tell at the first consultation if this is the lawyer you want. Besides amiability and a good personality, you also want someone who has good experience and excellent communication. If you have had a sudden death in your family due to the negligent actions of another person, call the Law Offices of Richard A. Gullette at 1-602-230-2916. Rick Gullette has the motto that he offers “Personal Attention that puts you and your family first.” That’s the kind of lawyer you want.

What Should I Know Before Visiting a Wrongful Death Attorney?

By Nina Zade • December 23, 2021

Injuries and deaths frequently occur in the workplace, on the road, at the ballpark, recreational park, etc., and, in some cases, the fault is due to the negligence or carelessness of a person or persons. For example, you may be waiting at a crosswalk for the light to turn green, and suddenly a driver who is texting crashes into you causing injuries that prove fatal. Or your father was given the wrong dose of a medication by the pharmacist which resulted in a fatal stroke. In such scenarios, the survivor(s) may suffer significant financial loss if the deceased was the only breadwinner. In addition, if the deceased had small children and/or had bills to pay, the survivors would probably end up homeless if they didn’t have any financial resources . In such cases, the opposing party/individual may offer compensation, but, more often than not, the amount is small and will not cover long-term expenses. In the majority of cases, the survivors have little idea how much compensation is adequate and if it comes with any restrictions. For this reason, many people turn to lawyers and file a wrongful death lawsuit. But many people are not sure how to file a wrongful death lawsuit and/or what legal rights they have. Therefore, if you are not sure about the process, the first step is to consult an Arizona wrongful death attorney. Before you visit the wrongful death attorney, here are a few things you should know. CHOOSING A WRONGFUL DEATH ATTORNEY Selecting a wrongful death attorney for your case can be a challenge because there are so many lawyers in Arizona. Many lawyers frequently advertise their services on the radio, TV, internet, and billboards, but how is an ordinary citizen supposed to know who will be the best choice and who is the most experienced? The fact is that not all lawyers have experience in court and some are just in the beginning phase of their career. Sometimes you may have to consult with a few lawyers before you can pick one. In any case, when consulting with a wrongful death lawyer for the first time, here are a few things to ask: Today, there is no excuse for not knowing a few details about an attorney you are selecting. If you don’t own a computer or smartphone, visit your local library. Perform a Google search and read the reviews. In addition, visit the attorney’s website and get a glimpse of his education, training, and expertise. Read what others have to say in reviews about past experiences with the attorney. Finally, speak to friends and family if they know or have heard anything about the lawyer that you want to hire. The more you know about the attorney, the better you will be able to make an informed decision about the selection process. What does the attorney specialize in? Preferably you would want an attorney with wrongful death experience. Dealing with a wrongful death case is much different than dealing with a dog bite injury. Has the attorney undertaken a similar case before and how much experience does the lawyer have? Does the attorney have resources to undertake the case? For example, some wrongful death cases require an enormous amount of documentation, and, in some cases, discussion with expert witnesses. You want an attorney for wrongful death who has both the financial resources and a team of expert witnesses (doctors, knowledgeable medical personnel) to whom he or she can call upon to determine the causation and negligence in the case. Working with an Arizona wrongful death attorney sends a signal to the insurer of the defendant that you are serious about getting the compensation you are owed. Once an insurer receives a demand letter from an attorney, they immediately realize that this is serious and most likely are willing to come to the negotiating table. But you need to select an attorney for wrongful death who is not only skilled at negotiations but also not afraid to go to trial in case the negotiations fail. The attorney must send the signal to the insurer that he or she will do whatever it takes to get just compensation for his client. Does the attorney work alone or does he work with a team of lawyers? In general, consulting with an attorney who works with a team of other lawyers can be beneficial if he or she seeks expertise in other areas so that the client gets the maximum benefit. What are the costs associated with hiring a wrongful death attorney? This is a very important question; in general, the majority of wrongful death attorneys are paid on a contingency basis. This means that they get paid if they win the case and recover damages. The contingency fee varies from 30-35 percent. For example, if you are awarded $1 million in compensation, the attorney will get $350K as part of the contingency fee. You should also clarify with the lawyer if there will be any other “hidden” fees, like administrative costs, photocopying fees, etc. In most cases, the contingency fee is inclusive, but, in any case, it is vital to get all the costs in writing so that there are no disputes at the end of the case. How will the attorney initiate your wrongful death case? You should have some idea about the steps involved in filing a wrongful death lawsuit. Once you hire an attorney for wrongful death, he or she will obtain all the documents, speak to witnesses, review the medical records, and, with the help of experts, reconstruct the fatal scene. In addition, the attorney may also ask you to submit any paperwork from the opposing party that you have in your possession (defendant/company/insurer). Once your Arizona wrongful death attorney receives all the paperwork and documents, he or she will contact the individual or company at fault or their insurer. In Arizona, the law requires that both parties must start some type of mediation to come to a settlement before going to trial. Hence, your attorney will contact the other party and try to negotiate a fair settlement first. If the two sides are not able to come to a settlement , your attorney will file a lawsuit in the appropriate county. A trial usually requires more extensive investigations, including depositions and consulting with expert witnesses. The case is usually heard in front of a judge and decided by a jury who will determine the amount of compensation. How Much Compensation Can You Expect? The amount of compensation usually depends on the case and is hard to predict ahead of time because many factors are involved in determining the final award. Your attorney will generally include the following when arguing for your compensation: Lost wages Medical bills Pain and suffering Loss of companionship If the jury decides the case in your favor , you will receive some type of compensation for all the injuries and death that your loved one suffered. In general, high six-figure awards are not uncommon in Arizona. Conclusion It is important to be aware that in Arizona, there is a statute of limitations for filing a wrongful death case. The case has to be filed within two years from the time of death. Because there is an enormous amount of documentation and investigation required, it is important to seek an experienced Arizona wrongful death attorney as soon as possible. While no amount of compensation can bring back your loved one, an attorney for wrongful death can at least try to get you compensation for all the pain and suffering that you have been through. Reach out to us today , and let's start a conversation.