08 Mar 2008 12:28:38 | Tony Merlino
Dog Bites /Animal Attack - Overview
In New Jersey there are thousands of people bitten by animals
every single year. Dogs are responsible for most attacks that
result in injury. In nearly all cases, in New Jersey, a person
bitten by an animal has a legal right to recover damages.
Usually it is from the animal's owner, however there are others
that may be found equally accountable.
What To Do If You Have Been Bitten
Seek medical attention immediately. Dog bites can cause serious
injury, especially if the skin has been broken. An untreated
animal bite can quickly cause severe infection if the animal was
carrying disease.
I'm assuming you have already received medical attention. If
not, do it now. Then, it would be wise to think about consulting
with an attorney to discover the best course of action.
At this point you will need to determine two things.
1. Do you have a legal claim?
And
2. What damages are you able to recover as a result of your
injury?
Your Case Evaluation
To determine whether you have a claim, our New Jersey dog bite
lawyers consider whether the animal's owner was negligent and
indirectly caused your injury.
How Much Compensation Can You Expect?
The circumstances surrounding the attack are obviously different
in every case. It is therefore important to accurately determine
who is responsible for an animal bite.
This is why it is essential for you to speak with a lawyer in
order to determine the severity of the attack. The amount of
compensation you receive will be determined largely by which
parties are responsible and the resources available to cover
your damages.
You may be entitled to compensation for a variety of different
reasons. For instance:
Medical Bills · Pain and Suffering · Lost Wages · Mental Anguish
· Emotional Distress · Psychological Injuries · Disfigurement
and many more!
There have been cases where the victim is awarded punitive
damages in order to actually punish an animal owner for reckless
or intentional behavior.
For instance, a case where the owner is fully aware of an
aggressive animals behavior and recklessly allows the animal run
loose demonstrating total disregard for the welfare of others.
Should This Case Be Pursued? and Is It Worth The Time And Effort?
Let's face it. Lawsuits are expensive, time consuming and
require a tremendous amount of effort. Unlike other forms of
personal injury cases in New Jersey, animal bites are fairly
straightforward.
New Jersey is a " Strict Liability State." What does this mean
to you if you are a victim?
It means the owner "shall be liable."
That is a direct quote from the New Jersey State Statute
4:19-16.and leaves little room for interpretation.
Notice the statute did not say, "could be", "might be" or
"should be." It is emphatic. It says, "SHALL BE LIABLE."
It is even unnecessary to prove the owner negligent. If the dog
bites in New Jersey, the owner is flat out liable.
How much compensation you receive is largely dependant upon the
severity of the injury and even more importantly how
articulately your attorney approaches and presents the case.
There are however a few circumstances where the owner of the
animal is not liable. For instance, if the dog was intentionally
provoked, taunted or teased causing an attack or bite.
Another possible reason an owner will not be found culpable is
that the incident occurred while the victim was trespassing on a
properly posted property.
In the "perfect world" any amount of injury caused by an animal
deserves to be addressed. However, in the "real world" you and
your attorney must decide if the claim will actually result in a
favorable outcome.
At the end of the day, does it have sufficient value? Is it
worth suing a family member, friend or neighbor, considering the
social ramifications?
This is a question that can only be answered by careful
evaluation and is one of the first things you should consider
and discuss with your attorney.
Be sure your attorney is expert at uncovering possible sources
of compensation for animal attacks that you may never have
considered.
About Author :
Tony Merlino is webmaster and legal marketing consultant at
http://www.JerseyJustice.com ,a legal information and marketing
portal for clients and their lawyers in New Jersey.