After being bitten by a dog, victims often find themselves facing painful injuries, expensive medical bills, emotional trauma, and even permanent scarring. In some cases, a bite can give rise to a strong legal claim. In others, there may simply not be enough evidence, serious enough injuries, or insurance coverage to warrant a case. Because no two situations are the same, it’s important to speak with an experienced Virginia Beach dog bite lawyer from Shapiro, Washburn & Sharp as soon as possible after an attack.
Virginia dog bite cases are often more complicated than many people realize. The fact that a dog bit someone does not automatically mean the owner is legally responsible. There are certain legal elements that usually must be proven before an injured person can recover compensation.
Does Virginia Have a “One Bite Rule”?
Virginia generally follows what many people call the “one bite rule.” This signifies that a dog’s owner might not be liable the very first time the dog bites somebody unless, of course, they were aware, or should have been aware, that the dog had violent tendencies.
This is often referred to as “notice.” A victim usually needs to show that the owner had some reason to know the dog could be aggressive. That notice can come from several things, including prior bites, snapping, lunging, growling, or other aggressive behavior. Even if the dog hasn’t ever bitten anyone before, evidence of past dangerous behavior can still support a claim.
If the dog has chased people before, or the owner has been known to warn people that their dog is dangerous, this information could help to establish notice.
Can Violations of Local Laws Strengthen My Virginia Dog Bite Case?
Yes, of course they can. If the dog’s owner was breaking a state law or local ordinance when their dog bit you, they could be held liable. For example, the dog may have been allowed to escape from a yard or been running off-leash in public when the owner knew perfectly well it needed to be restrained. In some cases, the owner may have ignored restrictions placed by animal control or failed to properly control an aggressive dog.
If someone is injured because the owner violated a local law, that could support your legal claim. A Virginia Beach dog bite lawyer will look into what happened and determine whether any local laws were violated.
Does Injury Severity Play a Role?
Technically, a small bite that doesn’t require medical treatment can be a legal claim, but it might not make sense to go to court. A case is more likely to be justifiable if the injuries are more serious, such as lacerations, disfigurement, broken bones, damage to nerves, infections, permanent scars, or injuries that necessitate surgery and/or physical therapy.
Dog bites are a serious problem for kids. A bite to the face can leave permanent scars and cause emotional trauma that could last for years. Infections are also a concern, as dangerous bacteria can easily be passed to a human host via a dog bite.
In general, the more serious the injuries, the more likely the case is worth pursuing.
Why Is Insurance Coverage So Important?
Even with a good legal claim, there must be a practical way to recover compensation. In many dog bite cases, that means insurance coverage.
Depending on the situation, dog bite injuries may be covered by renters’ or homeowners’ insurance. Unfortunately, not all policies provide coverage. In fact, some companies don’t cover certain dog breeds or dogs with a history of aggression.
This creates a major issue in dog bite cases. Even with serious injuries and a technically valid claim, it may be difficult to recover compensation if there is no insurance coverage and the dog owner has limited assets.
The reverse can happen as well. Insurance coverage may be available, but the injuries are so minor that the case isn’t really worth pursuing.
There are also situations where the legal claim may be uncertain, but the injuries are serious, and insurance coverage exists. For example, the dog may not have a definitive history of aggression, but may have been off-leash in violation of a local ordinance and caused serious injuries. In that case, it may still be worth investigating the case in full.
How Can Evidence Help My Case?
The strength of the evidence can make or break a dog bite claim. After a dog attack, it is important to document as much as possible.
Useful evidence includes pictures of injuries, medical records, animal control reports, eyewitness statements, and prior records of complaints about the dog. Sometimes neighbors or delivery workers may know about prior aggressive behavior that was never officially reported.
The sooner an attorney becomes involved, the easier it may be to preserve evidence before it disappears.
Speak With a Lawyer About Your Virginia Dog Bite Case
Dog bite cases often involve a mix of legal and practical issues. Someone may have serious injuries, but weak evidence regarding the dog’s history. Another person may have a strong legal argument but minimal damages. Insurance coverage may also affect whether a case is worth pursuing.
That is why it is important to speak with an experienced Virginia Beach dog bite lawyer who can evaluate the entire situation and explain the available options.
The attorneys at Shapiro, Washburn & Sharp have decades of experience handling injury cases in Virginia and helping victims understand whether they may have a viable claim. In one case, our firm helped a young child who suffered serious facial injuries and scarring after being bitten by a neighbor’s dog recover a $1.5 million settlement.
If you were injured in a dog attack, you need to speak with an experienced attorney from Shapiro, Washburn & Sharp who can evaluate whether or not you have a viable claim.
We’re here to help you understand your legal options and fight for the compensation you deserve. Call (833) 997-1774 or complete our online contact form to schedule your free consultation today.