There is a “one free bite” law in many states. According to this regulation, a dog owner is only responsible for injuries if their dog bit or attacked someone in the past. But the “one bite law” doesn’t exist in Pocatello, Idaho. This means that even if it was an animal’s first time acting aggressively, you can still claim compensation if the bite or attack resulted in damages. Usually, the dog owner or their landlord is the responsible party.
An attorney who specializes in dog bite cases can assist you with your claim and improve your chances of receiving a fair settlement.
No matter how severe your injuries are, insurance firms want to pay as little as possible. When a claim first arises, insurance adjusters rarely approve a fair settlement. In an effort to pay a lower settlement amount, they will try to delay payment, contest claims, or even offer a quick but small payment.
Our dog bite attorneys at The Advocates will write letters of demand to the defendant and their insurer. These letters include the incident facts, details of any injuries, property losses, other damages the victim suffered, and the demanded compensation.
In addition to the direct economic impacts, these letters also address non-economic damages. These include “pain and suffering” and other emotional or non-physical effects. Without a knowledgeable attorney, the value of these types of losses is challenging to estimate. The dog bite and animal attack lawyers at The Advocates will examine all the information and evidence to determine the appropriate settlement amount for your losses.
Every animal attack claim must establish the victim’s innocence and show that their injuries were caused by the person at fault. One of a dog bite attorney’s most crucial tasks is to prove negligence or carelessness — this is the basis of any claim.
An animal attack victim’s attorney must demonstrate that the negligent party was responsible for caring for the animal and that their negligence caused the victim’s injuries. This means it is the owner’s responsibility to restrain and prevent aggressive behavior in dogs and other animals.
Each claim involving an animal attack will have a different compensation amount. The amount is determined by many factors. The following are some of the variables that influence settlement amounts for animal attacks:
An animal attack victim may be entitled to financial compensation for their pain and suffering. Both short-term and long-term trauma can result in anxiety and other emotional strain. Since pain and suffering are considered non-physical damages, assigning a monetary value depends on how severe the attack was.
Medical treatments for treating a dog bite injury can have a substantial financial impact. These medical costs include all physical and mental health procedures required for your recovery.
Animal owners are responsible for all losses associated with an animal’s aggressive behavior. This includes any damaged property such as broken jewels, a damaged watch, torn clothing, a shattered phone, etc.
Your claim should also cover any lost wages resulting from your inability to work due to a dog bite or other animal attack. This means any time you are unable to work due to the injury, including both short-term and long-term disability or the inability to continue to work in your current capacity.
There is no requirement to show that a dog has previously attacked someone because Idaho does not have a “one free bite” law. This means your attorney can focus exclusively on your incident and not worry about establishing a history of aggressive behavior for the animal in question.
Idaho law states that every report of a dangerous dog to the authorities results in the dog owner being notified about their pet. A vicious dog is one that, even when not provoked, is likely to attack, bite, or cause harm.
A dangerous or vicious dog must be secured in a confined space by its owner. If the dog isn’t kept in an enclosure, a chain must be used to restrain it. Without assistance from the owner, the dog must not be able to exit the enclosure.
The complexity of each claim will determine how long it takes to resolve a dog or other animal attack claim. This could take between 4 and 12 months if negligence is apparent.
However, it can take years to resolve a complicated dog bite or animal attack claim, especially if the matter ends up in court. Just the discovery or investigation phase after filing a claim can take six to twelve months. However, trials in personal injury claims, especially those involving dog bites, are not typical.
The law offers several defenses that can reduce the liability of the at-fault party.
According to dog bite laws, if an attack occurs while a dog is working for the military, police, or another governmental agency, the victims cannot file a lawsuit.
When a dog bite victim intentionally engages in behaviors that increase their risk of suffering harm or injury from a dog bite, they might not be able to sue the owner of the animal in that situation. This is because the injury occurs due to the victim’s “assumption of risk.”
The most typical situation is that of veterinarians. They are unable to file a dog bite claim because they deliberately expose themselves to the risk of harm from dogs and other animals. Since dog bites frequently occur in this line of work, it is their obligation to be aware of how to prevent injury.
A dog can be angered if someone hits it, steps on its tail, antagonizes the animal, etc. These actions are considered provocation, and the victim is to blame for the dog’s behavior. In these cases, a victim may be unable to hold the owner responsible for their injuries and damages because they provoked the animal.
However, a dog owner may still be liable if a claim involves children under five. It is the animal owner’s responsibility to keep their dog away from children, and kids this young probably don’t know the significance their behaviors may have on an animal’s actions.
Any injury from an animal’s aggressive behavior should be included in a claim, even if a bite does not occur. An individual may still experience harm if a dog jumps up or knocks them over when acting violently. The responsibility to control a dog rests with the owner.
The first thing you should do after being harmed by an animal is to wash the wounds with soap and water. To protect the wound, use sterile bandages. Apply pressure to the affected area when you encounter deeper cuts or active bleeding.
You should always seek medical assistance after being attacked by an animal. The infection of even small wounds can spread swiftly. You might require medicine, special dressings, or sutures depending on the extent of your wounds. As an additional safety measure, your doctor may suggest specific shots or vaccinations.
It is also helpful to have a medical professional document your injuries. Your medical record connects your injuries to the incident and is valuable evidence supporting your claim.
Report the dog bite or animal attack by dialing 911 or a non-emergency dispatch line. An officer will file a report and involve animal control if necessary. A police report is also helpful in filing your claim.
Always get the personal information of the dog owner, including their full name, contact information, address, and homeowner or renter insurance. Additionally, ask for the name and number of the dog’s veterinarian and get the rabies vaccination info and license number of the dog. Ask for the names, phone numbers, and email addresses of any witnesses to the incident.
Photograph your injuries, broken items, clothing, and other possible evidence.
Contact The Advocates. Our skilled attorneys will assist you in gathering the information and proof required to support your claim. They are familiar with dog bite and animal attack laws in Idaho.
Your initial consultation is free, and you don’t pay for our services unless we are successful in winning your settlement.