Dog Bite Lawyer Columbia, SC
Most people think of dogs as man’s best friend, and it’s true that many dogs are well-trained, well-behaved, and wouldn’t harm anyone. However, some dogs may be poorly trained or just naturally vicious. If a dog has bitten you, you have more rights than you think. A dog bite or mauling can have serious long-term health consequences and may leave you permanently disabled or disfigured. You have the right to demand compensation for these injuries, and our Columbia, SC, dog bite lawyer from Woron and Dhillon, LLC, can help you get it.
Table of Contents
- Dog Bite Lawyer Columbia, SC
- Understanding Negligence and Insurance Coverage
- Common Dog Bite Injuries
- Columbia Dog Bite Infographic
- Columbia Dog Bite Statistics
- Columbia Dog Bite FAQs
- Woron & Dhillon, LLC, Columbia Dog Bite Lawyer
- Contact Our Columbia Dog Bite Lawyer Today
Your Rights After Being Bitten By A Dog
South Carolina law regards dogs as property; therefore, the dog owner is liable for any damage their dog does, including biting a person or pet. South Carolina laws are tough on aggressive dogs. The state, unlike some, does not follow a “one bite” rule for dog bite injuries. A one-bite rule means that the owner is only liable for injuries caused by their dog if the dog has demonstrated violence in the past by biting someone. If the dog has bitten once, then the owner could be held liable for the victim’s medical care and other losses. In South Carolina, the dog’s owner need not have been aware that the dog was vicious or would bite to be liable for injuries. You can hold an irresponsible dog owner liable on the dog’s first bite. A dog bite injury suit is a legal vehicle to help you seek compensation for the medical care you need after a dog bite and cover any other damages you suffered.
Types of Compensation in Dog Bite Cases
Victims of dog bites may be eligible for different types of compensation, each addressing various aspects of the harm suffered:
- Medical Expenses: This is the most immediate and often significant type of compensation. It covers all medical costs related to the dog bite, including hospital bills, medication, surgeries, and any future medical care or rehabilitation needed.
- Lost Wages: If the injury resulted in missing work, compensation for lost wages can be claimed. This includes not just the immediate loss of income but also potential future loss if the injury leads to long-term disability or an inability to return to the same line of work.
- Pain and Suffering: Dog bites can cause considerable physical pain and emotional distress. Victims can seek compensation for this suffering, which is a non-economic damage and can be subjective in nature.
- Property Damage: If personal property was damaged during the incident (like clothing or a smartphone), the victim might be compensated for these losses as well.
- Punitive Damages: In cases where the dog owner’s behavior was particularly reckless or egregious, punitive damages might be awarded. These are intended to punish the wrongdoer and deter similar conduct in the future.
Factors Affecting Compensation Amounts
The amount of compensation in dog bite cases varies based on several factors:
- Severity of the Injury: More severe injuries typically result in higher compensation, considering the increased medical costs and longer recovery periods.
- Impact on Quality of Life: If the injury results in long-term or permanent changes to the victim’s lifestyle or ability to work, this will significantly affect the compensation amount.
- Negligence or Fault: The degree of negligence or fault on the part of the dog owner can also influence the compensation. In some cases, comparative negligence may be considered if the victim had a role in provoking the dog.
- Insurance Coverage: The dog owner’s homeowner’s or renter’s insurance policy often plays a crucial role in determining the available compensation.
How Our Dog Bite Lawyer Can Help You
Dog bite lawsuits can be more contentious and emotional than many other types of personal injury claims. A dog owner may not want to admit that their beloved pet could cause grievous injury to someone else; victim-blaming in dog bite suits is common. However, you, as the victim, may have been severely traumatized. It’s not uncommon for victims to develop PTSD or phobias after the attack, which can impact every aspect of their everyday life. Dog bite physical injuries can also be grievous, leaving you with permanent muscle or nerve damage or disfigurement. An attorney helps you get the compensation you deserve to heal and move on. They can gather evidence for your case and provide a neutral layer of protection between you and the dog’s owner. A lawyer can negotiate a settlement with the insurance company or even argue your claim in court. If you’ve been bitten by a dog, don’t be afraid to assert your rights. This may be a traumatic experience for you, and your compensation can cover both the physical and emotional treatment you need to recover and move on with your life.
Understanding Negligence and Insurance Coverage
Negligence is a fundamental concept in personal injury law that determines the basis for holding someone legally responsible for the harm caused to another. It is essential to understand what constitutes negligence, especially in cases like dog bites, where the liability of the dog owner can significantly impact the outcome of a case.
Defining Negligence
Negligence occurs when someone fails to act with the level of care that a reasonable person would have exercised under similar circumstances. This breach of duty must be the direct cause of another person’s injuries. In legal terms, four elements must be established to prove negligence: duty, breach, causation, and damages.
Duty of Care and Breach
The first step in proving negligence is establishing that the defendant owed a duty of care to the plaintiff. In the context of dog ownership, this means the owner has a responsibility to control their pet and prevent it from harming others. A breach of this duty occurs if the owner fails to act responsibly, such as not leashing their dog in a public area, leading to a dog bite.
Causation and Damages
Causation links the breach of duty to the injuries suffered. It must be proven that the dog owner’s negligence directly resulted in the victim’s harm. Finally, the victim must have suffered actual damages, such as medical expenses, pain, and suffering, or lost wages, as a result of the dog bite. In Columbia, SC, cases involving dog bites can be complex, and proving negligence is crucial.
Homeowner’s and Renter’s Insurance Policies
Typically, homeowner’s and renter’s insurance policies provide some level of coverage for injuries inflicted by pets, including dog bites. This coverage usually extends to incidents that occur on the policyholder’s property or, in some cases, off the property if the dog is under the owner’s control when the bite happens. The insurance might cover medical expenses for the injured party, legal fees, and any settlements or judgments resulting from a lawsuit. However, the extent of coverage can vary significantly from one policy to another, with some policies having specific exclusions or limitations related to dog bites, especially for certain breeds considered to be more prone to aggressive behavior.
Liability Limits and Exclusions
It’s essential to understand the liability limits set forth in an insurance policy. These limits dictate the maximum amount the insurance company will pay in the event of a claim. Once this limit is reached, the dog owner may be personally responsible for any additional costs. Furthermore, some insurance policies may exclude dog bites altogether, particularly if the dog has a history of aggressive behavior or if the breed is listed as high risk. In such cases, additional liability insurance might be necessary to cover potential dog bite claims.
Common Dog Bite Injuries
Dogs may bite out of fear or stress and can cause a wide range of injuries. Some of these injuries are fairly minor while others are life-threatening. Here are the most common dog bite injuries that you should know about.
- Lacerations
Lacerations refer to deep cuts in the skin that reach the muscles, bones and nerves. They can cause intense pain and heavy bleeding. That is why it’s essential to get prompt medical attention. Lacerations often require stitches.
- Abrasions
Abrasions are much less severe than lacerations because they do not go past the epidermis. While these injuries can usually be treated at home, you may want to see a doctor just in case. You do not want to risk infection or other complications.
- Infection
When a dog bites you, there is always a risk of infection. The bacteria from the dog’s mouth can get into your body. Signs of infection include redness, pain and swelling. If you believe you have an infection, seek immediate medical care, as it can be life-threatening. Cleaning the wound immediately may help reduce your risk of infection.
- Crushing Injuries
As a Columbia dog bite attorney can confirm, larger dogs have a higher chance of causing crushing injuries in an attack. They have strong jaws that can crush or break the bones and harm the muscles and soft tissues.
- Rabies
After getting bitten by a dog, you also have a chance of contracting rabies, which can be deadly. Symptoms of a rabies infection include difficulty speaking, muscle spasms, confusion and paralysis. Find out if the dog that bit you has received a rabies shot. If it hasn’t, seek immediate emergency medical attention.
- Eye Injuries
Dog attacks can also inflict eye injuries, like orbital fractures, corneal abrasion, eye bleeding and avulsions. These injuries can be very painful and even lead to vision loss.
- Scars
If a dog bite was deep enough, it can leave behind permanent scars. These scars can be quite noticeable and lower your self-esteem. You may need to have plastic surgery to correct them.
- Nerve Damage
If the dog bite reaches the nerves, you may suffer nerve damage. This can cause temporary or permanent loss of function in that part of your body. Sometimes nerve damage can cause paralysis.
- Emotional Distress
Dog bites do not just cause physical injuries. They can also lead to emotional distress. You may become afraid of all the dogs after the incident or develop depression. It may be helpful to seek mental health counseling.
Columbia Dog Bite Infographic
Columbia Dog Bite Statistics
According to the U.S. Centers for Disease Control (CDC), more than four million people are bitten by dogs each year in this country. More than half of dog bite victims are children. The CDC also reports that at least one in five dog bite victims need to seek out medical treatment for the bites.
If you or a loved one has been bitten by a dog, contact our office to see what type of legal recourse you may have under South Carolina injury laws.
Columbia Dog Bite FAQs
What Should I Do Immediately After a Dog Bite?
If you are bitten by a dog in Columbia, SC, the first step is to seek medical attention, regardless of the severity of the bite. Documenting your injuries medically is crucial. Then, report the incident to local animal control or law enforcement, as this creates an official record. If possible, gather contact information from the dog owner and any witnesses. This information can be invaluable later if you decide to pursue a legal claim. It’s also advisable to take photos of your injuries and the location where the incident occurred. After addressing your immediate medical needs, consider consulting with a specialized attorney to understand your legal options.
Are Dog Owners Always Liable for Bites?
In Columbia, SC, the liability of dog owners in bite cases isn’t always straightforward. South Carolina generally follows a “strict liability” rule, meaning the owner of a dog can be held liable if their dog bites someone, regardless of the dog’s previous behavior. However, there are exceptions, such as if the victim was trespassing or provoking the dog. Determining liability can be complex, depending on the circumstances of the bite, and it’s often beneficial to seek legal counsel to navigate these nuances.
How Long Do I Have to File a Dog Bite Claim in Columbia?
In Columbia, SC, the statute of limitations for filing a dog bite claim is generally three years from the date of the incident. This means you have three years to initiate legal proceedings against the dog owner. It’s important to be aware of this time frame, as failing to file within this period can result in the loss of your right to seek compensation. However, the specifics can vary depending on the details of the case, so it’s advisable to consult with an attorney early to ensure your claim is filed in a timely manner.
Can I Get Compensation for Emotional Distress After a Dog Bite?
Yes, in Columbia, SC, you can seek compensation for emotional distress caused by a dog bite. Along with physical injuries, dog bites can result in significant psychological trauma, such as anxiety, fear, and post-traumatic stress disorder (PTSD). These emotional impacts are recognized as compensable damages. Documenting the emotional distress through medical or psychological treatment records can strengthen your claim. An experienced attorney can help you understand how to effectively present this aspect of your case.
What if the Dog That Bit Me Was a Stray?
If you are bitten by a stray dog in Columbia, SC, the process for seeking compensation can be more challenging since there is no owner to hold liable. However, you might have other options, such as filing a claim under homeowners’ insurance if the bite occurred on someone’s property, or seeking assistance from local government programs that may offer aid to victims of stray dog attacks. It’s also important to report the incident to animal control to help prevent future attacks and to seek legal advice to explore all potential avenues for compensation.
What if My Claim Was Denied?
When you’ve suffered a dog bite and your claim is denied, it can feel like a significant setback. However, this does not mark the end of your pursuit for justice and compensation. At Woron and Dhillon, LLC, we specialize in handling such scenarios and can guide you through the process of challenging a denied claim.
First, it’s crucial to understand why dog bite claims might be denied. Claims may be denied due to insufficient evidence, provocation of the dog, trespassing, and the expiration of the statute of limitations. When your dog bite claim is denied, there are several steps you should take, including reviewing the denial letter, gathering more evidence, and consulting with an attorney.
Woron & Dhillon, LLC, Dog Bite Lawyer
1328 Richland St, Columbia, SC 29201
Contact Our Columbia Dog Bite Lawyer Today
As experienced dog bite lawyers in Columbia, SC, we at Woron and Dhillon, LLC, understand the physical, emotional, and financial toll a dog bite can take on an individual and their family. Our dedicated team is committed to providing compassionate, expert legal representation to ensure that victims receive the justice and compensation they deserve. We navigate the complexities of dog bite laws with proficiency, always aiming to achieve the best possible outcome for our clients. If you’re facing the aftermath of a dog bite, trust us to stand by your side, offering our legal expertise and unwavering support throughout the entire process.
Client Review
"Mr Woron is the best attorney I've ever had. I was in an accident and my car was totaled and it messed up my back. He made sure we were all taken care of referring us to the specialists we needed to see. He's an attorney you feel actually cares for his clients and doesn't just see you as a paycheck. If you're ever in an accident I highly recommend this man because you will most definitely be taken care of. Even the doctors he refers you to are amazing and genuinely care for your well being."
L. Ruiz
Contact Us Today
New Clients: (803) 676-1900Existing Clients: (803) 626-1345