Dog Bites Frequently Asked Questions (FAQs)

Can an attorney arrange for me to see a doctor after I am injured by a dog if I don’t have insurance?

Sadly, many individuals do not have health insurance or health insurances that covers injuries caused by dogs and other domestic animals. A great benefit of working with a personal injury attorney is that they can connect you to the care you need, such as physicians, plastic surgeons, neurologists, and other medical professionals, who will treat you without immediate payment. Because of the relationship that the injury attorney has with these professionals, you can be assured that you will receive care immediately and the professionals will accept payment from the lawyer once damages have been paid.

What do I have to prove to make a claim for my injury if I am attacked by a dog?

Our laws protect the public from vicious dogs. If a dog owner has homeowner’s insurance, the insurance company covers the negligence of the homeowner if they don’t keep a dog under proper control. In Massachusetts, if a dog or other domestic animal bites you, the owner’s insurance company is responsible to compensate you if you suffer injuries from a dog attack.

What typical defenses does a dog owner’s insurance company have if I am attacked by a vicious dog?

The first defense is simply that this was the first time that the dog was aggressive. Again, in Massachusetts there is no “one-bite law,” so the owner is responsible even if the dog is a sweetheart and this attack was its first time biting. It’s up to your experienced personal injury attorney to investigate thoroughly and find evidence that the dog was not teased, taunted or hurt by you. Interviewing neighbors, researching animal control records and admissions by the dog owner themselves can help prove that the dog owner should have known that their dog was going to hurt someone. The second defense is that the dog owner did everything reasonable to restrain their vicious dog. They will say it was the first time the dog got out of the house or enclosed yard. Once again, the investigation of your attorney is essential in proving that control of the dog was lacking and led to your injuries.

Can a landlord be held liable for a tenant’s dog bite?

A landlord has an obligation to protect its tenants and their guests from unreasonably dangerous conditions that they knew existed or, in the exercise of proper care, should have known about. If a landlord knows of the dangerous propensities of a dog that they allow to be housed in their apartment complex, then the complex insurance company will be responsible to compensate a co-tenant or any guests for physical and emotional damages caused by dog attacks.

I was bitten by a dog and didn’t go to the emergency room. Can I still file a claim days after I was attacked?

Yes! You can still make an injury claim days, weeks and even months later. Some dog bite injuries are immediately evident: a puncture wound; a deep scratch; a broken bone. Other injuries reveal themselves over time once the swelling has decreased. Later in recovery you may experience symptoms you weren’t initially aware of, such as

• Mental anguish that causes you to worry constantly about the attack and being attacked again;
• Torn ligaments and tendons;
• Back injuries like herniated and bulging discs;
• Neck and shoulder injuries

When you discover these injuries that are impeding your quality of life, it’s time to contact a personal injury lawyer with deep experience in dog bit cases.

What is the process of filing a dog bite claim?

Like any personal injury case, a claim can be made for damages against a dog owner of a vicious dog. To make the claim an investigation must be conducted to determine if there is insurance coverage for the dog owner, usually homeowner’s insurance, the submission of any police reports, interviewing of witnesses to previous attacks, vicious propensities of the dog or the attack itself. There needs to be a collection of medical records and bills, documentation of any loss of earnings or earning capacity and photographs of the injuries as they heal. This investigation is best conducted by a personal injury lawyer experienced in handling dog bite cases while you or your loved one recovers from the physical injuries and emotional impact of the dog attack.

What types of damages can I claim if I am injured by vicious dog?

The owner of the vicious dog who bit you is responsible your injury. Many owners have insurance that can cover this unfortunate situation. After the claim has been won, they are responsible for compensating you for the following, considering affects from then, now and in the future:

• Physical injuries, including impairment, disfigurement, scarring
• Psychological impacts, such as anxiety and post-traumatic stress disorder
• Economic hardship, such as
  • Loss of wages and earning ability in the past and in the future
  • Medical expenses

What if I was partially at fault for the dog bite?

The law protects the dog owner if a person taunts the dog or scares it in a way that would justify the dog’s defensive action. If you are warned about the dog’s dangerous propensity and approach it anyway, that is an additional defense. There may be comparative negligence assessed against the victim which would reduce the compensation for injury by the percentage the victim is found at fault. But don’t give up on your claim. Be sure to check with a lawyer experienced in handling dog attacks to determine if your contributory neglect is enough to eliminate a recovery. The investigation of your attorney is essential in proving that it was control of the dog that was lacking, and not your neglect, that led to your injuries.

How much compensation can I get for a dog bite?

Dog bites often heal without a lot of medical treatment. However, soft tissue injuries and emotional trauma many times take a while to start to cause problems and more severe injuries may cause life-long significant physical and emotional damage. The greater your injury, the more compensation is needed to be paid by the homeowner’s insurance company of the dog owner. The injuries can range from untreated bite marks to permanent scaring, to even death. Compensation needed can even exceed the homeowner insurance policy limits that cover the dog owner even if those limits are one million dollars.

How long does it take to resolve a dog bite case?

Depending on the nature of the attack and injuries to the victim, the timing for recovery can vary greatly. More minor injuries can be resolved in a matter of weeks, whereas serious injuries might require a lawsuit, discovery and even a jury trial. If a trial is needed, that process can take 2-3 years. However, the vast majority of dog attack claims are resolved within a year, even if the injuries are serious. Call (413) 429-6400 now to discuss your case with an experienced dog bite lawyer in Berkshire County, MA.

What damages are recoverable in a dog bite lawsuit?

The owner of a vicious dog and their insurance carrier are responsible to compensate you for your physical pain, mental anguish, impairment and disfigurement in the past, as well as any of these elements of damage into the future. They are also responsible for your economic damages such as medical bills and loss of earning and capacity to earn in the past or future.

Do I have a dog bite case in Massachusetts if another person’s dog attacks my pet, service dog, or farm animal?

Unfortunately, unless you sustain an injury yourself, the only claim you have for injuries to another animal is the cost to treat or replace that animal or pet. The law does recognize pain and suffering to your pet caused by a vicious dog.