Wednesday, October 10, 2012

How to File an Animal Attack Injury Claim

animal attack


Animal attack is a common type of personal injury claim. Injuries from dog attack or from other domesticated or non-domesticated animals can be your basis to seek compensation from the personal injuries and emotional damages you incurred because of the violent encounter.

The liability of an animal attack defendant may vary from state to state, so it is important to ask assistance from a personal injury lawyer when you file your claim. Here are some financial losses and non-financial damages that you can cite in your claim:

  • Medical expenses – An animal attack will almost always need medical attention. Hospital stay and doctor consultations are not cheap, not to mention the surgeries and rabies vaccines you will probably need. If the injury is severe you will probably have future medical expenses like physical therapy and rehabilitation costs.
  • Lost wages and diminished earnings – While recuperating from your dog attack injuries, you cannot earn your living. You have the right to be compensated for your lost wages while you are incapacitated. If the injury is serious enough to hamper your ability to do your work prior to the attack, you can include diminished earnings to your claim.
  • Emotional distress – An animal attack is a violent and traumatic experience. The anguish and emotional distress you suffered can be included in your personal injury claim.
  • Punitive damages – If you can prove that the owner ordered his dog to attack you or acted in malice, you can ask for punitive damages. A personal injury lawyer can help you build evidence to prove it.
 There are certain things you have to prove to make your personal injury compensation successful:

  • Defendant Responsibility – You have to establish that the defendant is responsible for the animal that attacked you. Responsibility can mean ownership or that the animal is under his or her care.
  • Culpable knowledge of animal disposition and negligence – You have to prove in your claim that the defendant knows that the animal is prone to aggressive behavior and has a tendency to attack and that the defendant is negligent of his care of the animal such as if he failed to have it leashed or enclosed safely to prevent it from attacking anyone.
  • Lack of your own liability – Ultimately, you must prove that you did nothing to provoke the animal or that you placed yourself in danger.

Consulting an attorney because of a dog attack may seem harsh, but it is well within your right to get personal injury compensation for all your troubles.

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