Are you a victim of a dog bite injury in New Jersey?
Dog owners can and should be held accountable for the actions of their dogs, especially when they bite or injure an innocent party. If you have been the victim of a dog attack, allow our team of experienced New Jersey Dog Bite Attorneys to fight for the compensation you deserve.
Regardless of whether you are a dog lover or not, the simple fact of the matter is not every dog is friendly, never mind safe to be in public. According to statistics released by the CDC (Centers for Disease Control and Prevention), there are over 4.5 million dog bites in the US every single year. If left untreated, 20% of these bites become infected.
Dog bites are never something that you should take lightly. Injuries or infections can and do lead to lifelong problems. Thankfully you have the right to pursue compensation for your injuries.
Dog Bite Cases in New Jersey and Liability
New Jersey, like most other US states, holds the owner of a dog legally liable when their animal bites or injures another individual. Two criteria that have to be met to receive compensation are as follows:
- The responsible party’s dog will indeed have to have bitten the injured party.
- The injury must have taken place at either a private venue or a public space where are the wounded party was authorized to have been at the time.
As with any law, some exceptions exist, such as injuries caused because of the actions of specific law enforcement, government personnel, or military dogs, which may not result in compensation.
If the injured party is found to have either harassed, provoked, or annoyed the dog to encourage it to attack, then the dog’s owner will not be found liable.
No One-Bite rule in New Jersey
The state of New Jersey no longer uses the “one bite rule” to determine liability. In the past, as with other states, a dog’s owner could only be held responsible if they had prior knowledge of their dog being aggressive.
A “strict liability state” has now replaced this statute; this means that all dog owners will be held responsible for the actions of their dogs from their very first bite.
New Jersey Dog Bites Statute of Limitations
Dog bite cases in New Jersey have a statute of limitations of two years. If you have injuries that showed up later as a consequence of the dog bite, you have one year from the date of discovery with which to file a claim.
In our experience, you do not want to wait too long before pursuing compensation. Visibility to any injuries as well as how recent the event is can impact the level of compensation you receive.
Damages From a dog bite
Unfortunately, many dog bite cases result in injuries that stretch far beyond scrapes and cuts. In many cases, people suffer emotional, financial, as well as physical impacts on their lives.
Historically, we have been able to seek damages for people in New Jersey who have suffered dog attacks, which include the following.
- Loss of earnings due to the inability to work
- Medical expenses and bills
- Suffering and pain
- Psychological and emotional distress
- Loss of ability to enjoy life
If the canine attack was particularly egregious, there might be a case for you to sue for punitive damages, which can cause the awarded compensation to increase significantly. While it is difficult to win such cases, if you can prove the dog owner acted out of malice or restlessness, then you have a chance of receiving higher compensation.
How to receive the maximum level of compensation for your NJ Dog Bite Injury
There are a few factors that could impact your eligibility to receive compensation following a dog attack:
a) The most significant factor will be surrounding the doctrine known as comparative fault. If you are even slightly responsible for the dog biting you, this could potentially free the dog’s owner from some or any liability.
For example, if you were not entitled to be on the property at the time the dog attacked you you could well be found responsible for the dog attack which could result in the severe reduction in the compensation you might receive
b) Another factor is whether or not the dog’s owners have insurance. These companies are notorious for withholding compensation claims. But an experienced attorney can help expedite the case.
If you have been the victim of a dog attack, please do not hesitate to call The Law Offices of David A. DiBrigida at (800) 322-5529 to discuss further details.
Are You A NJ Dog Bite Accident Victim?
Every year there are hundred of thousands dog bites requiring medical attention. These are result of dog bites ranging from minor nips to serious dog mauling resulting in serious bodily injury and even death.
We help victims in bringing dog bite claims against homeowner insurance companies in New Jersey.
Sometimes, people even die due to dog attacks in the New Jersey. Unfortunately the majority of dog bite victims are generally children, and in approximately 75% of child dog bite cases, the dog belongs to a family member or friend.
In New Jersey, a dog’s behavior is always the responsibility of its owner. This means, that if a dog bites someone, the owner is liable regardless of the dog’s breed or the reason the attack. A dog’s owner cannot avoid his or her liability by attempting to prove that he or she did not anticipate that the dog could bite or even by claiming that the dog had never bitten anyone in the past. This argument does not matter. Liability is based upon ownership of the dog.
NJ Dog Bite Personal Injury Attorney
David A. DiBrigida, handles dog bite accident injury cases. He will evaluate the factors contributing to the value of your damages and personally handle your case from start to finish.
To protect your legal rights, call David today at 800-322-5529 for a FREE consultation.