Dog bites can be distressing and, in some cases, life-altering. If you’ve been bitten by a dog in Kansas City, Missouri, or anywhere in the surrounding areas of Missouri and Kansas, understanding your rights and taking appropriate action is crucial.
Dog bites are not only physically painful but also emotionally challenging. Victims may face extended recovery periods, medical expenses, and psychological impacts that affect their daily lives. Knowing the correct steps to take immediately after a dog bite can make a significant difference in your ability to recover both physically and financially.
At The Tourigny Law Firm LLC, we are here to help. We serve Kansas City, Missouri. Taking legal action supports your recovery and contributes to holding dog owners accountable for their responsibilities, promoting safer neighborhoods for everyone.
Immediate Steps to Take After a Dog Bite
The moments following a dog bite are critical for your health and your legal case. Follow these steps to protect yourself:
Seek medical attention immediately: Even if the wound appears minor, it’s essential to have it examined by a medical professional. Dog bites can lead to infections, including rabies and tetanus, which require prompt treatment. Documenting your injuries with medical records can also strengthen your case.
Identify the dog and its owner: If possible, gather information about the dog’s owner. Note the owner’s name, address, and contact details, as well as any information about the dog’s vaccination history. This information is crucial for both your health and any legal claims you may pursue.
Report the incident: File a report with local animal control or law enforcement. In Kansas City, this step makes sure that the incident is documented, and that the dog’s behavior is investigated.
Document the scene and your injuries: Take photos of your injuries, the location where the bite occurred, and the dog, if possible. Keep records of medical bills, lost wages, and any other expenses related to the bite.
Avoid discussing the incident: Refrain from making statements about fault or accepting responsibility. Anything you say could be used against you in a legal context.
Consult a personal injury attorney: Speaking with a qualified personal injury attorney as soon as possible can help you understand your rights and options. Early legal advice assures that you take the necessary steps to protect your case.
Understanding Dog Bite Laws in Missouri and Kansas
Dog bite laws vary by state, and it’s important to know how they apply to your case.
Missouri’s Dog Bite Laws
Missouri follows a “strict liability” rule for dog bites. This means that a dog owner can be held liable if their dog bites someone, regardless of whether the dog has shown aggressive behavior in the past. To file a claim under Missouri law, you must prove:
The dog bite caused your injuries.
The incident occurred while you were lawfully on private property or in a public space.
Strict liability laws make sure that victims are protected and can pursue compensation without needing to prove the owner’s negligence. This approach emphasizes the responsibility of dog owners to manage their pets appropriately.
Kansas’ Dog Bite Laws
Kansas operates under a “one-bite rule,” which means a dog owner may be held liable if they knew or should have known about their dog’s dangerous tendencies. Proving negligence is key in Kansas cases, and a personal injury attorney can help gather evidence to support your claim.
Under the one-bite rule, the history of the dog’s behavior becomes critical. Evidence such as prior complaints, incidents, or even the owner’s failure to restrain the dog properly can significantly influence the outcome of your case.
Common Injuries from Dog Bites
Dog bites can cause a wide range of injuries, some of which may require extensive treatment. Puncture wounds and lacerations are common, and these injuries may lead to scarring or disfigurement. Infections, such as cellulitis and sepsis, can develop if a bite isn’t properly treated.
Severe bites can also cause nerve damage, leading to long-term complications. Additionally, many dog bite victims experience emotional trauma, including anxiety, fear, or post-traumatic stress disorder (PTSD).
In severe cases, victims may require reconstructive surgery or ongoing physical therapy. The financial burden of these treatments can be overwhelming, underscoring the importance of pursuing fair compensation. Moreover, psychological effects, particularly in children, may require counseling or therapy to address fears and anxiety related to the incident.
Compensation for Dog Bite Victims
If a dog has bitten you, you may be entitled to compensation for several types of damages. Medical expenses, including emergency care, surgeries, medications, and therapy, are often recoverable. Lost wages for time missed from work due to your injuries can also be included in your claim.
Additionally, compensation for pain and suffering accounts for the physical and emotional distress caused by the incident. If the attack caused damage to personal belongings, you may also be able to recover property damage costs. A personal injury attorney can help calculate the full extent of your damages and ensure you pursue a fair settlement.
Compensation may also include future expenses, such as ongoing medical treatments or therapy. Calculating these costs requires analysis, which your attorney can coordinate. In cases of extreme negligence, punitive damages may also be pursued to hold the responsible party accountable and discourage similar behavior in the future.
Preventing Dog Bites
While dog owners are responsible for controlling their pets, there are steps you can take to reduce the risk of being bitten:
Avoid approaching unfamiliar dogs, especially if they’re off-leash.
Do not attempt to pet a dog without the owner’s permission.
Remain calm and still if approached by an unfamiliar dog. Avoid making sudden movements or direct eye contact.
Teach children how to interact safely with dogs and supervise them around pets.
Understanding dog behavior can also help prevent bites. Recognizing signs of aggression, fear, or discomfort in a dog allows you to respond appropriately and avoid potentially dangerous situations.
Taking Legal Action
If you decide to pursue legal action after a dog bite, your personal injury attorney will guide you through the process, which typically includes:
Filing a claim: This involves notifying the dog owner and their insurance company of your intent to seek compensation.
Negotiating a settlement: Your attorney will negotiate on your behalf to secure a fair settlement.
Litigation: If a settlement can’t be reached, your attorney may file a lawsuit and represent you in court.
Litigation can be a lengthy process, but it may be necessary to make sure that you receive adequate compensation. Your attorney will prepare you for each stage of the legal process, from depositions to court appearances, ensuring you’re confident and informed.
Common Questions About Dog Bite Cases
What should I do if the dog’s owner denies responsibility?
If the owner denies responsibility, gather as much evidence as possible, including photos of your injuries, witness statements, and medical records. A personal injury attorney can help build a strong case to establish liability.
Can I still file a claim if the dog was provoked?
In some cases, provocation can complicate claims, but it doesn’t always bar you from seeking compensation. An attorney can evaluate the specifics of your situation to determine your options.
How long do I have to file a dog bite lawsuit?
In Missouri, the statute of limitations for personal injury cases is five years, while in Kansas, it’s two years. It’s crucial to act quickly to avoid losing your right to file a claim.
What if the dog owner doesn’t have insurance?
If the dog owner lacks insurance, other options may be available, such as pursuing compensation through your own insurance policy or filing a lawsuit against the owner personally.
Will I have to go to court?
Most dog bite cases are settled out of court. However, if a fair settlement can’t be reached, your attorney may recommend litigation.
What is the average settlement for a dog bite case?
Settlement amounts vary based on the severity of injuries, medical expenses, and other factors. An attorney can provide an estimate based on the specifics of your case.
Get in Touch Today
Being bitten by a dog is a serious matter that can have lasting consequences. We serve clients in Kansas City, Missouri, and throughout Missouri and Kansas. If you or a loved one has been injured in a dog bite incident, seeking guidance from a knowledgeable personal injury attorney is essential.
Contact Greg Tourigny at The Tourigny Law Firm, LLC today.
