Carmen Gallardo
In many households, dogs are more than just pets; they are beloved, loyal, and loving members. However, under certain circumstances, even the most docile dog can act aggressively and cause, with its powerful bite, extremely severe physical injuries, especially if the victim is a little child.
In such a challenging situation, turning to a Miami dog bite attorney with expertise in local laws can make all the difference. In South Florida, a total of 600 people are bitten each year, resulting in fatalities or long-term injuries. Statistics also show that during the initial months of 2023, there was an increase of 11% compared to the same period in 2022.
The lawyers of Gallardo Law Firm are the ideal choice if you were attacked by a dog and decided to file a claim for compensation against the pet owner. From your very first free consultation, you can count on us to support your financial and emotional recovery. More than just a client, you will become part of our family.
In these cases, the harshness of the injuries can change according to the size of the animal and the physical characteristics of the person attacked. Some of the most frequent injuries are:
Of course, some of these injuries are fatal. For example, if the dog transmits the rabies virus and the victim does not receive immediate medical attention, there is an increased chance that they won´t survive, leaving their loved ones with psychological scars that cannot be erased.
Under Florida state law, the pet owner is directly at fault for the pet's aggressive behavior as long as the person attacked is in a public place or on private property, including the owner's own home. For example, suppose a neighbor visits one of the homes in their vicinity for a social gathering and is bitten by the host's dog. In that case, the host is ultimately responsible for the legal repercussions of the assault, including compensation.
Section 767.04 of the Florida Statute indicates that this obligation arises automatically if the criteria of the law are met, so it is not necessary to present evidence of prior aggressive behavior as is the case in other states in the country where there is a “one bite rule” that protects the owner unless they knew that his dog was dangerous.
A victim of a dog attack may claim for past or future medical expenses, loss of financial capacity, pain, and suffering, among other forms of damages. The person is protected in every full capacity by the law on his side, which might even cover the trauma resulting from such an incident.
The owner must confirm that the pet is under control at all times to prevent it from feeling threatened and attacking anyone nearby, both on and off the property. It is also important that if the dog has already shown signs of aggression, dog owners place some warning signs within the visible boundaries of the property.
Unless you can prove that the victim provoked the animal or acted negligently, the owner will be responsible for covering the benefits claimed by the victim through a lawsuit.
Retaining the assistance of a dog bite injury lawyer can make all the difference in the success of any dog bite injury claim. At Gallardo, we have the experience and resources necessary to help you through this complex process.
Our attorneys understand every detail of the law, including the legal differences between bite and non-bite cases. The non-bite claims apply when, for example, injuries occur because the dog jumps on a person and knocks them down, causing bone fractures.
Another scenario occurs when the animal inflicts deep scratches with the claws of its paws, when it runs loose in front of a cyclist or driver, causing a severe collision, and when it chases someone and causes them to trip or fall.
As we have already mentioned, in cases of bites, the owners are automatically responsible for the incident. In contrast, if the dog did not bite, the victim must prove that the owner did not keep the dog under control, did not keep it properly secured with a leash, or did not warn in time about a known dangerous behavior.
The emotional and legal implications of these proceedings can be complex, so it is imperative to consult with a Miami dog attack accident lawyer to get the compensation you deserve. At our firm, we understand in detail the specifics of the law for these cases, which allows us to navigate each claim with efficiency and precision.
Filing Claims Against Dog Owners and Insurers
These strategies include, in the first instance, documenting the physical and emotional damage suffered by the victim. Secondly, it is essential to establish the owner's liability for the attack based on the principle of strict liability established by Florida Statutes, which ensures that the injured person is not left unprotected in the presence of, for example, large insurance companies that, once involved, seek to pay the least amount of money possible.
Incident Investigation and Evidence Collection
The value of such cases is pegged in the statements presented and the evidence to support such statements, which our legal team will discover in the preliminary investigation. This is achieved by photographing the injuries sustained, the scene of the incident, and whether or not warning signs were present.
We also gather statements from potential witnesses, delve into the dog's history to determine if it has a record of aggressive behavior, and obtain medical and police reports of the aggression to understand the extent of the aggression and the circumstances that led to it.
Developing Customized Legal Strategies
Filing a dog bite lawsuit can be even more difficult if you know the pet owner. However, it is important to remember your right to fair compensation that will allow you to regain the financial and emotional stability lost after the incident. To ensure the success of your dog injury claim, Gallardo's team will work with you to create a case strategy focused on your story and your specific needs.
It is vital that we evaluate the impact of the event on your life and whether or not the owner took reasonable steps to prevent the incident. Our detailed knowledge of local laws will also allow us to understand all the types of compensation that may be available to you, and we’ll be prepared to take the case to court if negotiations with insurers do not offer satisfactory settlements.
After a dog bite, the most important thing is to protect your health, even if the initial wound appears to be superficial because one of the most dangerous diseases produced by the canine mouth is rabies, which does not show symptoms immediately, but is fatal if not treated urgently. It is essential to keep all the medical records derived from your treatment and present them as material evidence of the case.
Once your protection is assured, we recommend you follow the next steps:
As in any case involving multiple parties, proving the occurrence of negligent acts is a difficult task that can only be completed with the help of an attorney. If you decide to work with us, we will handle this part of the process based on the material evidence and the specific circumstances of your case.
To prove that the animal's owner was reckless, we must prove that the owner did not attempt to control the pet to avoid possible aggression to people who come into contact with the pet in public spaces such as parks or sidewalks or within the confines of the owner's home.
If the owner did not use a leash to restrain the animal, allowed the dog to run loose in public areas, or failed to place warning signs on the fences of his home, he may also be found guilty. For this reason, it is crucial to establish that there is a causal relationship between these reckless attitudes and aggression.
If you were the victim of a dog bite, you are entitled to compensation for the damage suffered. The amount and type depend on the severity of the injuries sustained and the circumstances of the accident, but in general they may cover:
In some cases, it is also possible to obtain compensation for punitive damages, which applies when the pet owner acted with gross negligence or intentionally. To prove this type of behavior, you must have the support of a dog bite injury lawyer.
In any legal situation, it is always best to move as quickly as possible to preserve the evidence collected and enhance the strength of a case before it falls outside of Florida's statute of limitations, which is only two years for dog bite cases.
Strict local regulations state that this time limit can only be modified when the injured person dies as a result of the injuries received or when the victim is a minor.
If you, your young children, or another family member were attacked and bitten by a dog, having the advice of an attorney can help you establish your claim and obtain justice, as well as compensation to you for the emotional, physical, and financial damages suffered.
We offer you a free initial consultation, and we guarantee that you will not have to worry about anything other than recovering from your injuries. We work on a contingency fee basis, which means that you will only pay us if we win the case. Please don't wait any longer. Contact us today at the Gallardo Law Firm offices located in Miami and Hialeah.
