When a dog bites someone, things can get complicated very quickly. The person who was bitten needs to take care of their wound. The owner of the dog is fearing the consequences. And the dog itself is likely very confused and emotional.
What happens next can depend on the severity of the dog bite. In situations involving a serious bite or where the victim was a child, there’s likely a question hanging in the air:
Do I need to file a dog bite lawsuit?
It might seem excessive, but even seemingly minor dog bites can have serious consequences. Dog bites can cause dangerous infections, nerve damage, emotional trauma, and more. As a dog bite lawyer office in Hamilton, Ohio, we’ve helped many people in the Greater Cincinnati area through this difficult situation.
Before we get to the matter of dog bite lawsuits, however, there are a few things we should make sure are taken care of.
First Things to Do After a Dog Bite
When it comes to dog bites, your first priority should always be your health. Even bites that appear minor can become serious if left untreated. Dog mouths can contain bacteria that is very harmful to humans. If the wound is infected, you might not know until it’s too late.
While you can clean and dress the wound yourself right after the bite takes place, it’s in your best interest to seek professional medical help as soon as you’re able to. In addition to properly treating the wound, medical professionals will likely prescribe some form of antibiotics to fight infection.
Additionally, seeking professional treatment creates a medical record that may become important if you later pursue a dog bite lawsuit. Waiting too long to see a doctor can make it more difficult to connect your injuries to the attack.
Beyond taking care of the wound, you should start gathering evidence as soon as you’re able to.
Take photographs of your injuries, the location where the bite occurred, and the dog that caused the bite if it is safe to do so. If anyone witnessed the incident, ask for their contact information. Report the bite to local animal control or the appropriate authorities so there is an official record of what happened.
You should also write down everything you remember. Details fade quickly, especially after a stressful event. Document when the attack happened, where it occurred, what the dog was doing beforehand, and anything the owner said afterward. Do not assume you will remember this all down the road. You will almost certainly forget key details.
Even if you’re unsure whether or not you will file a dog bite lawsuit, it’s a good idea to gather information and document what you can.
What Does the Law Say?
One of the biggest misconceptions about a dog bite lawsuit is that you have to prove the owner knew their dog was dangerous.
In Ohio, that generally is not the case.
Ohio follows a strict liability rule for dog bite injuries. In many situations, a dog owner may be legally responsible for injuries caused by their dog regardless of whether the dog has shown signs of aggression or bitten someone in the past.
However, being bitten by a dog does not automatically mean that you’ll win your dog bite lawsuit.
As with any legal matter, there’s a burden of proof that must be met. There are also certain circumstances that can hurt your claim. For example, if someone was trespassing, committing a crime, or provoking the dog, the owner’s liability may be reduced or eliminated. Every case depends on its specific facts.
While File a Dog Bite Lawsuit?
As with all civil law matters, you do not have to pursue legal action. The choice is yours. When it comes to dog bites, however, it’s often the right move to make.
The law exists because dog owners have a responsibility to properly control and supervise their animals. When they fail to do so and someone gets hurt, the injured person should not have to bear the financial burden alone. Additionally, if a dog bites someone, and nothing is done about it, there’s a likelihood it could bite someone again.
Your bite may not have been severe, but the next one could be.
In addition to making sure the dog and its owner are held accountable, a successful dog bite lawsuit allows you to recover compensation for medical bills, future treatment, lost income, pain and suffering, permanent scarring, emotional distress, and other damages related to the attack.
Will I Have to Go to Court?
The phrase dog bite lawsuit often makes people picture lengthy courtroom battles, dramatic witness testimony, and expensive legal proceedings.
The reality is usually much different.
Hiring an attorney or pursuing a dog bite lawsuit does not automatically mean you will spend days in court. After all, only 3% of civil cases ever go to trial. A dog bite lawsuit is typically settled through discussion and negotiation. It may even by covered by the owner’s insurance.
Where and how the case is settled depends on several factors, including the severity of your injuries, where the bite took place (geographically), the insurance company’s willingness to negotiate, and whether there are disputes about liability or damages.
The important thing to remember is that going to court is only one possible outcome. Filing a dog bite lawsuit gives you legal options, but it does not automatically commit you to a courtroom trial.
What If I Know the Dog’s Owner?
This is often the hardest question people face. Personal injury lawsuits against friends or family can get really messy.
This is especially true in the case of a bite caused by a dog that belongs to a friend, family member, neighbor, or coworker. You do not want to damage the relationship or be the cause of their family dog being put to sleep. On the other hand, you also have expensive medical bills, missed work, lasting injuries, emotional baggage, and more.
Fortunately, a dog bite lawsuit is usually not about taking money directly from someone you care about.
In many cases, compensation comes through the dog owner’s homeowners insurance or renters insurance policy rather than from their personal bank account. Insurance exists specifically to help cover situations like these.
That does not mean these situations are emotionally easy. They rarely are. However, you should not have to absorb thousands of dollars in medical expenses simply because you know the owner. Also, not confronting the situation head-on can result in greater tension and relational problems down the road.
It’s best to face the situation directly and as quickly as possible.
This is a situation where it’s especially helpful to have an attorney as well. They have been through these situations before, and they can give you expert advice on what to do (and not do), minimizing long-lasting damage in the grand scheme.
What Happens to the Dog?
Another reason people avoid filing a dog bite lawsuit is fear that the dog will automatically be euthanized. Does a dog have to be put down if it bites someone? What if it bites a child? These are valid questions.
Fortunately, a dog is not automatically put to sleep if it bites someone.
The aftermath of a dog bite depends on the circumstances of the attack, the history of the dog, and local laws. Authorities may investigate the incident, review the dog’s history, evaluate the severity of the injuries, and determine whether the animal presents an ongoing risk to the public.
Most dogs that bite are not automatically put down, especially if they haven’t done it before. Some may be required to complete quarantine periods, remain securely confined, wear a muzzle in public, or be subject to additional restrictions.
The purpose of a dog bite lawsuit is not to punish the animal. It is to help the injured person recover compensation for the physical, emotional, and financial losses caused by the attack, while holding the owner responsible. When a dog bite is properly reported and document, the owner is required to take steps towards preventing future occurrences.
This is good for the dog, its owner, and the general public.
Do I Need an Attorney to File a Dog Bite Lawsuit?
Technically, no.
You have the right to pursue a dog bite lawsuit without hiring an attorney. Even if the case goes to court, you don’t need an attorney. However, when it comes to legal matters (especially lawsuits), it’s almost always in your best interest to at least speak to an attorney.
Seemingly straightforward cases like a minor dog bite can become surprisingly complicated. Insurance companies may question the severity of your injuries, argue that you were partially responsible, dispute medical treatment, or offer a settlement that fails to account for future expenses.
An experienced attorney understands how to gather evidence, calculate damages, negotiate with insurance companies, and prepare a dog bite lawsuit if negotiations break down.
Just as importantly, having legal representation allows you to focus on your recovery instead of spending your time collecting records, answering adjusters, managing deadlines, and learning unfamiliar legal procedures.
Many personal injury attorneys also work on a contingency fee basis. That means you typically pay nothing upfront, and attorney fees are only collected if compensation is recovered on your behalf.
Even if you are not sure whether you want to move forward with a dog bite lawsuit, scheduling a free consultation can help you better understand your rights and the options available to you. Sometimes that conversation is enough to give you peace of mind. Other times, it helps you avoid mistakes that could affect your ability to recover fair compensation later.
The Richards Firm Knows How to Handle a Dog Bite Lawsuit
After a dog bite, it’s not always obvious what you should do next. You may know that you’ve been wronged and deserve compensation for your injuries, but that doesn’t necessarily mean you’re ready to file a dog bite lawsuit. You may have concerns about going to court, dealing with insurance, affecting your relationship with the dog’s owner, or even what could happen to the dog.
The good news is you don’t have to face this situation alone.
At The Richards Firm, we value justice with a personal approach. Our first priority is always understanding what you need. We’re here to listen first, learn about your unique circumstances, and help you understand the options available to you. Sometimes that means pursuing an insurance claim.
In other situations, filing a dog bite lawsuit may be the appropriate next step.
As a firm founded by someone who loves dogs, we understand how complicated these situations can be. Seeking compensation for your injuries does not mean you have anything against the dog, and if you know the owner, it does not necessarily mean you want them to suffer financially. It means you were injured, you have questions, and you deserve to understand your options.
If you or someone in your family has been bitten by a dog in Ohio or Northern Kentucky, contact The Richards Firm. Your initial consultation is always free, and you won’t owe us anything unless we recover compensation for you.
We can’t undo what happened, but we can help you figure out what comes next.
Click here to schedule your free consultation online or give us a call at 513-461-0084.
