Being bitten by a dog can be a traumatic and overwhelming experience. It leaves victims dealing with physical injuries, emotional scars, and mounting medical bills. If you’re in California and have been the victim of a dog bite, you should know that you have support. California law is clear about protecting victims of dog-related injuries, and insurance coverage can help you recover the financial compensation you deserve.
Here are the key steps to handle a dog bite insurance claim in California.
Understanding the Legal Framework for Dog Bites in California
California operates under strict liability when it comes to dog bites. This means that dog owners are legally responsible for injuries caused by their dogs, regardless of whether the animal has a history of aggression. If a dog bite occurs, you have the right to seek compensation under California Civil Code Section 3342.
It’s important to note that this protection applies as long as you weren’t trespassing, provoking the dog, or performing an unlawful act at the time of the incident.
Steps to Take Immediately After a Dog Bite
Taking the right steps immediately following a dog bite can help protect your health, preserve evidence, and strengthen your claim. Here’s what you should do:
1. Seek Medical Attention
Your health should be your top priority. Even minor-looking bites can lead to serious infections or complications. Receiving prompt medical care ensures your injuries are properly treated and creates a medical record, which is crucial for your claim.
2. Report the Incident
Notify your local animal control agency or police department about the incident. Filing an official report helps document the attack and ensures the dog’s behavior is recorded, potentially preventing future incidents.
3. Identify the Dog and Its Owner
Gather as much information as possible about the dog and its owner. This includes the owner’s contact details, the location of the attack, and any vaccination information about the dog.
4. Document Everything
Take photos of your injuries, torn clothing, and the location of the incident. Keep a journal detailing your pain, emotional distress, and any impact on your daily life. Collect contact information from witnesses who can corroborate your account.
5. Speak with an Attorney
Consulting a personal injury attorney experienced in dog bite cases can help you understand your legal options and guide you through the claims process.
Navigating Dog Bite Insurance Claims
California dog owners typically carry one of the following insurance policies that can provide coverage for dog bite injuries:
- Homeowners Insurance
Most homeowner insurance policies include liability coverage for dog bites.
- Renters Insurance
If the dog owner rents their home, renters insurance may offer similar liability coverage.
- Pet Liability Insurance
Some dog owners purchase additional pet liability policies, especially if they own breeds considered high-risk.
Filing the Claim
To file an insurance claim, follow these steps to maximize your chances of success:
- Contact the Dog Owner's Insurance Provider
Once you determine the dog owner’s insurance policy, file a claim with their insurer. You may need the owner’s consent to do this, which is another reason to collect their contact information promptly after the incident.
- Provide Documentation and Evidence
The insurer will likely request documentation to support your claim. This includes medical records, photos of your injuries, witness statements, police/animal control reports, and proof of related expenses (e.g., medical bills, lost wages, etc.).
- Work with Your Attorney
An experienced personal injury attorney can negotiate with the insurance company on your behalf, ensuring you receive fair compensation for your injuries and other losses.
What Damages Can You Recover?
Dog bite victims in California may be entitled to compensation for the following damages:
- Medical Expenses - Covers emergency treatment, ongoing care, and any future medical needs related to the injury.
- Lost Wages - Compensation for income lost while recovering from the injury.
- Pain and Suffering - Monetary compensation for physical pain and emotional distress caused by the dog bite.
- Scarring and Disfigurement - Additional compensation for permanent scars or disfigurement resulting from the attack.
- Property Damage - If personal property, such as clothing or accessories, was damaged during the incident, you may be reimbursed.
Get Help From an Agoura Hills Dog Bite Lawyer
The aftermath of a dog bite can feel isolating, but we're here to help. Here at Effres & Effres, we understand California dog bite laws, and we can strategize the best way to ensure your claim is handled professionally and fairly. With our support, you’ll feel more confident advocating for the compensation you deserve, allowing you to focus on healing and moving forward.
If you or a loved one has been bitten by a dog in California, don’t wait to seek help. The sooner you act, the stronger your case will be.
Contact us at (818) 222-9720 for a free consultation.