New Orleans Dog Bite Attorney

Being attacked by a dog can be traumatic, and even small dogs can cause serious bite wounds or disfiguring scars. Yet many dog bite victims are reluctant to seek compensation because they do not know their rights or because they don’t want to sue a friend, relative or neighbor.

Dog owners are liable under Louisiana law for any injuries inflicted by their pets. Also, dog bite compensation is typically paid from the pet owner’s homeowners insurance. The New Orleans dog bite attorneys at the Law Office of John W. Redmann, L.L.C., can explain your legal remedies in a free consultation. Our personal injury lawyers serve clients in New Orleans, Metairie, Gretna, and throughout Jefferson Parish!

New Orleans Dog Bite Resources:

• Do you need a lawyer?
• Louisiana Dog Bite Laws
• How bad does a dog bite need to be for a lawsuit?
• Dog bite liability
• Do I need a Tetanus shot?
• Dog bite settlements
• “One-Bite” Rule
• Dog Bite Statute of Limitations

Do I Need a Lawyer for a Dog Bite?

If you are the victim of a dog bite attack, you are likely suffering from horrific injuries that require significant medical treatment and recovery time. In addition, you may face serious emotional trauma, chronic pain, and lifelong consequences to your daily routine – and you could claim compensation for these losses through a personal injury lawsuit or insurance claim. However, navigating these legal processes alone can be overwhelming and confusing, especially in the wake of a severe injury.

When you contact Redmann Law to assist with your claim, you can rest assured that your case is in capable hands. You will receive access to an attorney who is familiar with the law surrounding dog bite cases in Louisiana and who knows how to approach your claim. In addition, you receive access to resources and other benefits so that you can focus on recovery, not filing paperwork.

• Your New Orleans dog bite attorney will be able to launch an in-depth investigation into the dog bite on your behalf. He or she will review your medical records, interview key witnesses, and consult experts who can provide testimony on your behalf.
• A good majority of personal injury cases, including dog bites, settle outside the courtroom through negotiation. However, insurance companies can offer you a lower settlement than you need if you do not have an attorney. Your lawyer will be able to bring his or her negotiation skills to the table, evaluating offers from the insurance company and making the case for a higher payout if necessary.
• You may not know how to prepare for the courtroom or what paperwork you need to file in Louisiana civil court. Your attorney will have significant experience doing so, helping you file your case as soon as possible and without unnecessary errors.

Louisiana Dog Bite Laws

Louisiana has a strict liability dog bite statute. This means that victims can recover compensation without having to prove that the owner was negligent or that the dog had a history of vicious behavior. Dog owners are responsible for any bite or injury, on or off their property, even if the animal had never attacked before.

However, you should still contact a dog bite lawyer to protect your interests. The dog owner can claim that the victim was trespassing or that the dog was provoked. Also, our injury attorneys know how to document your injuries and secure full compensation, which might include:

• • Costs of medical treatment
  • Reconstructive surgery
  • Permanent scarring or disfigurement
  • Nerve damage or physical impairment
  • Pain and suffering
  • Emotional trauma
  • Lost wages

Children are especially vulnerable to serious bites on the face, head and hands and are often traumatized by the experience and become fearful of all dogs.

How Bad Does a Dog Bite Have to Be to Sue?

To file a lawsuit against a dog owner whose animal bit and caused injury to you, you will need to prove that you suffered damages as a result of the attack. These damages can range from economic losses, such as medical treatment and property damage, to non-economic losses, like pain and suffering or post-traumatic stress disorder. You may wonder if your damages are severe enough to file a lawsuit.

You have two avenues you can pursue if you want to file a lawsuit against a dog owner: you can file a claim in small claims court, or you can pursue a larger lawsuit in Louisiana civil court. The difference between these two types of lawsuits is the amount of damages you are claiming.

In the state of Louisiana, you can claim up to $5,000 in small claims court. Through this avenue, you do not have to go through as lengthy or as formal of a process as filing in civil court. However, you do have a restriction on how much you could receive. You should only go through small claims if you only have a small amount of damages.

If your injuries or damages total more than $5,000, pursue your claim through Louisiana civil court. Your attorney from Redmann Law will guide you along every step of the way. As a result, you have a greater chance of recovering the compensation you need to heal from the dog bite.

Who Is Liable If a Dog Bites Someone?

Under the Louisiana Civil Code, dog owners are liable for any damage that their pets cause to another person or property. However, a dog owner is not liable for a bite under all circumstances – Section 2321 of the Civil Code goes on to specify that a pet owner is responsible for damage when he or she knew or should have known that the dog could cause damage.

In addition, a dog owner is not liable for a dog bite if you provoked the attack in some way. Even if your actions did not lead to the dog attacking you, the owner may claim that you did to reduce his or her liability. You and your attorney from Redmann Law will work together to disprove these claims and to build a compelling case in your favor.

To prove the dog owner’s liability for the bite, you and your attorney will need to establish the following four elements.

1. First, you will need to prove that the owner owed you a duty of care to control his or her animal and to take steps to protect other people from the animal.
2. Next, you will need to prove that the owner breached his or her duty of care in some way, such as not properly watching or restraining a dangerous dog.
3. Then, you will need to prove that you suffered injuries as a result of the dog owner’s breach of care.
4. And finally, you will need to prove that you can collect damages as a result of the injuries you suffered from the dog bite.

Do I Need a Tetanus Shot After a Dog Bite?

Dog bites can be incredibly damaging, leading to open, jagged wounds that can carry a risk of infection. If you are immunocompromised or have a disease such as diabetes, you may be at a higher risk of infection. As soon as possible following the attack, seek medical attention to treat the wound and reduce your risk of contracting further diseases.

When you visit a doctor to treat your dog bite, he or she will clean the wound and give you antibiotics. Depending on the severity of the attack, you may need to stay in the hospital and undergo reconstructive surgery. If you are not up to date on your tetanus shots, the doctor will likely give you one to reduce your risk of infection.

What Is the Average Settlement for a Dog Bite Case?

Settlement amounts for dog bites vary from case to case. As such, it is difficult for an attorney to provide an estimate or average amount for these cases. Depending on the circumstances of the attack, you could see a small award under $1,000, or a large award in the tens of thousands of higher.

Although it is difficult to provide a number for the average dog bite settlement, the following factors will likely increase your overall award amount.

• • The more severe the attack, the higher the award amount will likely be. This is because your damages are most likely higher – more medical bills, longer periods of lost wages, and greater pain and suffering.

• If the owner acted in extreme negligence or recklessness, you could see a higher amount as well. This is because the court may award you punitive damages to punish the at-fault party in addition to the damages you claim for your losses.
• If the dog attack impacted your daily life, such as the development of post-traumatic stress disorder, you could claim a higher amount of non-economic, emotional damages.

What Is the One Bite Rule for Dogs?

The state of Louisiana imposes the one-bite rule in order to establish negligence in dog bite claims. Under Louisiana state law, a dog owner can only be negligent for his or her dog’s behavior if he or she knew or should have known that his or her dog would bite someone. If the dog does not have a history of aggressive behavior, it may be difficult to pursue a claim against the owner.

However, the one-bite rule can help you establish your claim. If the dog bit someone in the past or has a history of threatening behavior, you could hold the owner responsible for your losses. Under the one-bite rule, the owner must take reasonable steps to keep the dog from harming other people if it bit someone in the past. Failure to do so can lead to liability for future damages.

What Is the Statute of Limitations on Dog Bites in Louisiana?

Under Louisiana state law, you must adhere to the statute of limitations to file a lawsuit against a negligent dog owner. If you do not file your lawsuit within one year from the date of the attack, the court will likely not hear your case.

If you are suffering from the aftermath of a dog bite, it is important to contact Redmann Law as soon as possible. We will listen to your story and provide guidance on how to proceed with your claim. In addition, we will file your lawsuit in Louisiana civil court to help you meet the one-year deadline.

Dog Bite Claims Are Insurance Claims

Even if the pet owner is a family member or friend, you should not have to absorb the medical bills or forgo other personal injury damages. Compensation for a dog attack is paid from homeowners insurance, not out of that person’s bank account. If you or your child was attacked by a stranger’s dog, we will pursue damages from the owner’s personal assets if he or she does not have insurance.

For a free consultation with a New Orleans dog bite injury lawyer, contact us online or call (504) 500-5000 today.

Se habla español. En parle François.