A frightening dog bite can cause debilitating injuries, leave victims with hospital bills, and leave them unable to work and earn a paycheck. In many cases, a North Carolina dog owner can be held fully liable for these and other hardships.
Melrose Law of Waynesville helps dog bite victims prove a dog owner’s liability and then demand the maximum in recovery support possible.
We are ready to talk to you in a free, no-obligation consultation. It’s time to focus on healing while allowing us to fight on your behalf.
Do I Need a Lawyer After a Dog Bite?
If you walk away from a dog bite with only minor scratches and bruising, you may not need a lawyer’s help to file a claim and get paid. However, when a dog bite results in a serious injury, like broken bones, deep cuts, or worse, it’s a good idea to go over your options with a skilled Waynesville dog bite attorney.
A dog owner’s insurer will fight harder when recoveries will take longer and hospital bills will be higher. They can resort to common insurance tactics to rob you of the support you need to recover.
These are just a few of the ways a Melrose Law attorney can protect your case and increase its value:
- Performs a full investigation into your dog bite. Investigates the dog’s record and the dog owner’s history.
- Collects all evidence and submits it with a dog bite claim.
- Handles the claims process while you are left alone to focus on recovery.
- Keeps in contact with you to update you on your case and to go over settlement offers with you.
- Helps you reject any “lowball” settlement offers that don’t cover all of your hardships and then demand more.
- Ready to file a lawsuit and take the dog owner and insurers to court if they don’t accept full blame for what happened to you.
- We can often secure much more on behalf of dog bite victims. More than they could win by handling their cases themselves.
The other benefit for mountain dog bite victims: We provide strong representation to victims without any upfront cost. Our lawyers work on a contingency basis. It means we don’t get paid unless we win your case. Then our attorney’s fee comes out of the dog bite settlement check that insurers must provide.
Dog Bite Accident Dangers in Waynesville
Residents in Haywood County love mountain life and the four seasons of beautiful weather. The nice weather draws locals and visitors outside for recreation and amazing events, and festivals.
But people out and about can find themselves at risk from dogs that may be on the loose or given too much freedom on a leash. A dog bite can bring an end to a great day and send people to Haywood Regional Medical Center or over to Asheville to care.
Victims may suffer a bite while walking the trail at Vance Street Park. Victims could be in their own yards when a dog on the loose rushes in. They may be downtown on the sidewalk when a dog owner allows too much leash to a pet, and a painful bite is inflicted. Victims may be at the Waynesville dog park when they are bitten.
These incidents can leave a negligent dog owner responsible for the recovery costs victims endure. Owners are especially liable if a dog has bitten before. Even victims injured at dog parks can seek support from the dog’s owner. A skilled Waynesville attorney from Melrose Law makes sure the blame stays with the careless dog owner. We also fight to see that victims get what they need to recover physically and financially.
Who is Responsible for Dog Bites in Waynesville?
In North Carolina, a dog owner might be liable for a dog bite in almost any situation. But the path to proving liability takes a different course depending on whether the dog had a history of biting and aggression or not.
Dog That’s Bitten Before: In North Carolina, if a dog has bitten before or has shown aggression, the dog owner is generally always found at fault. This falls under the “one bite” rule and “strict liability.” Strict liability applies to dogs that have a history of biting or aggressive behavior. The dog owner is responsible for recovery costs in most cases, and under strict liability, victims aren’t required to prove the dog owner was negligent. No matter how the bite occurred (except for some exceptions listed below), the dog owner is accountable. If a dog hasn’t bitten before, the “one bite” rule is in effect, and the dog owner could escape blame in some situations.
Dog That’s Been Deemed a Dangerous Dog: Strict liability is also applied if a dog has been ruled a dangerous pet. Dogs may meet certain criteria and be considered dangerous by North Carolina law. Haywood County Animal Control staff may deem some animals dangerous. (More on the dangerous dog criteria below.) If the dog had been noted as dangerous, then the dog owner may be held liable in almost any circumstances. Again, the victim doesn’t need to prove the dog owner was careless. It just needs to be shown that a bite occurred.
Dog Owner is Negligent: When a dog hasn’t bitten anyone before and isn’t known to be dangerous, strict liability doesn’t apply. But if someone is bitten, they could still seek support. The case would be handled as a normal personal injury case, meaning the victim would need to show the dog owner was negligent and allowed the bite to occur. This negligence might come from the dog owner violating local leash laws or failing to control a pet in a secure enclosure or fence. The negligence can be proven through state and local laws.
However, there are a few circumstances that might leave a victim unable to get support. Generally, a dog bite case would be rejected if one of these statements were true:
- The dog bite victim was trespassing at the time
- The dog bite victim provoked the dog; this can include threatening the dog owner
A dog owner and an insurer may not immediately accept fault and may try to make false claims about your behavior. A Dog Bite Attorney assists you in sorting out who may be held liable and collects the evidence to ensure the blame stays with the right party.
Frequently Asked Questions
What is included in a dog bite settlement check?
An insurance settlement check should include money to pay all of your current medical bills, and any healthcare expenses that are expected in the future. Victims should receive enough in medical support to pay for any surgeries that may be needed down the road and for all physical therapy to regain strength and mobility in a damaged limb. They should be reimbursed for any income they lose while forced to miss work due to injury. Patients should also seek additional money for the pain they’ve suffered and the emotional trauma a frightening dog attack and injury leave behind.
How long do I have to file a Waynesville dog bite claim?
North Carolina allows injured victims to wait up to three years before filing a claim. Dog bite victims shouldn’t wait years to act, though. After months of delay, evidence can disappear, and witnesses can become hard to locate. Explore your options with a lawyer as soon as possible.
Can I get support if I’m knocked down and injured by a dog, but no bite occurred?
Yes. Personal injury laws would still apply. No bite occurred, so strict liability could not be used as proof in the case. But a lawyer could help prove negligence on the part of the owner. The victim would need to demonstrate that the dog owner’s carelessness allowed the encounter and that the dog’s action caused an accident and injury. A knockdown incident can cause just as much harm as a bite. Victims might be pushed down stairs to suffer broken bones and Traumatic Brain Injuries (TBIs). They may be shoved to the ground, pushed into stationary objects, or knocked out into a street in front of traffic. The dog probably wasn’t trying to harm anyone, but the victim still should get help in recovery.
Contact a Waynesville Dog Bite Attorney As Soon As Possible
If you or a loved one has been injured in a dog bite attack in Haywood County or anywhere in Western North Carolina, please give us a call for a free case evaluation. This call is “no strings attached,” and there is no obligation to hire us if you decide to give our office a call.
Let’s find out if we can secure more for what you’ve been through. If we can’t, we can help you start the process of filing a claim yourself.
Remember that injury settlements aren’t set in stone. Victims with the same general injury can receive very different settlement amounts. A skilled and experienced lawyer is often the difference between dog bite victims getting everything they need to recover and receiving less, leaving them to pay for some of their own medical bills.
