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How to File a Dog Bite Claim in Orange County

How to File a Dog Bite Claim in Orange County

If you’ve been injured after being nipped, bitten, or viciously attacked by a dog, there are several things you need to know about filing a dog bite claim in California. By taking certain steps, you can ensure your medical safety, potentially prevent other unsuspecting people from being bitten by the same dog, and preserve your right to seek financial compensation.

Most animal bites reported in the United States are from dogs. The American Veterinary Medical Association reports an estimated 4.7 million people are bitten by dogs each year, with about 800,000 requiring medical attention. Children — especially those under 10 years old — are 2 to 3 times more likely than adults to be bitten by dogs. Bites to children are most often on the face and neck. A dog may bite to keep people or other animals at a distance if it feels threatened, scared, hurt, or wants to protect its food, puppies, or toys. Here are important steps to take after being bitten by a dog:

1. Seek Medical Attention Right Away

Dog bites can be very serious, particularly if they get infected or if the dog has rabies or another transmittable disease. Even if the puncture wound seems small or doesn’t bleed that much, it’s still critical to get checked out by a medical professional and sometimes take a regimen of antibiotics.

2. Report the Incident to Authorities

  • Contact Orange County Animal Control at 714-935-6848 or at 714-259-1122 after business hours.
  • Report the bite to your local health department, as required by California law.
  • File a police report for documentation purposes.

3. Gather Evidence

  • Take photos of your injuries and the incident scene.
  • Collect the dog owner’s contact information.
  • Get contact details from any witnesses.
  • Take photos of the dog from different angles.

4. Contact a Dog Bite Injury Attorney

A dog bite lawyer can explain your legal rights and give you an initial assessment of your case. You may be urged by the dog owner or a homeowner’s insurance representative to accept a small sum of money quickly or take no action at all. But dog bites and attacks can result in significant medical bills and lost wages.  You should be compensated for these as well as any PTSD, emotional distress, and physical pain you suffered because of the attack.

If you’ve suffered an injury after being bitten by a dog, call Orange County Animal Control at 714-935-6848 or at 714-259-1122 after business hours. Then call Neale & Fhima to speak to a dog bite injury lawyer to find out about your legal rights and the compensation you may be entitled to.

Filing a Dog Bite Claim in California

A dog bite lawyer can help you handle the legal paperwork and negotiations that are part of a dog bite lawsuit in Orange County.  While you focus on your physical and emotional recovery, let you lawyer fight aggressively on your behalf with insurance companies. Some of the things your personal injury attorney will likely do include:

1. Notify the dog owner in writing about your intention to seek compensation.

2. Submit a claim to the owner’s homeowner’s insurance company if applicable.

3. Include a detailed demand letter outlining:

  • Incident description
  • Injuries sustained
  • Medical expenses
  • Other damages.

4. If negotiations with insurance representatives fail to reach a settlement, your attorney may need to file a lawsuit in court.

5. Under California’s strict liability laws, you only need to prove:

  • The defendant owned the dog.
  • The bite occurred while lawfully on private property or in a public place.
  • You suffered harm that was caused by the dog.

Reporting Dog Bites to California Health Departments

California regulation (17 California Code of Regulations [CCR] §2606) mandates that all bites from animals susceptible to rabies (in essence, all mammals) be reported to the local health officer.  Reporting a dog bite is crucial to both your health and the health of other individuals who may come into contact with the animal. Dogs in California are required to be vaccinated. Official vaccination certificates must show:

  • the name, address and telephone number of the dog’s owner
  • the description of the dog, including breed, color, age, and sex
  • the date of immunization
  • the type of rabies vaccine administered
  • the name of the manufacturer
  • the lot number of the vaccine used.

More information can be found in the publication titled Investigation, Management, and Prevention of Animal Bites in California.

Classification of Dogs in Dog Bite Lawsuits

Many California dog bites and attacks are by animals that have bitten individuals before. In these cases, the bite or attack could lead to the owner’s facing criminal liability, particularly if there is a public record of the previous biting incidents. California statutes state that dogs fall into at least two classifications:

“Potentially Dangerous”

A dog classified as “potentially dangerous” is one that has attacked another animal or person twice within a three-year period.  This classification also applies if a dog has bitten a person once and caused injuries.

“Vicious”

A dog classified as “vicious” is one that has severely injured or killed a person even once.  The dog is also classified as vicious if it attacked a person or another animal more than twice during the previous three years.

Statute of Limitations for Filing a Dog Bite Case

In Orange County, you have two (2) years from the date of the dog bite incident to file a legal claim. This two-year statute of limitations applies to all personal injury claims, including dog bites, and failing to file within this time frame will likely result in a court’s dismissing your case.

There are some limited exceptions to this timeline:

  • If the victim was a minor when the bite occurred, the statute of limitations tolls until their 18th birthday, giving the victim until age 20 to file.
  • If the dog owner leaves California, the statute of limitations is paused until they return to the state.
  • If the actual injury (for example, infection) or emotional distress from the bite wasn’t immediately apparent, the time limit may begin from when the injury/distress was discovered.

The court system can be overwhelming, and insurance companies can be difficult to deal with in a timely manner. Your attorney can explain the role of insurance companies in personal injury cases in California.

Animal Bite Care

Wound care is critical in the minutes and hours after being bitten by an animal. Veterinary professionals offer this guidance about what to do if you’re bitten by a dog:

  • If the dog’s owner is present, request proof of vaccination, particularly for rabies.
  • Thoroughly clean the bite wound with soap and water as soon as possible, washing and rinsing under running water for five minutes to flush out bacteria.
  • Consult your doctor immediately or go to the emergency room.
  • Contact the dog’s veterinarian to get updated vaccination records.
  • If you develop redness, pain, swelling, or discharge (pus or fluid) at the wound site, get emergency care immediately.

The California Department of Public Health explains the danger that dog bites pose if they are left untreated and infection spreads:

Our skin provides a barrier against bacteria and other microbes. But if the skin is broken by an animal bite, bacteria that normally live in an animal’s mouth (for example, Pasteurella) or on the surface of our skin (Staphylococcus, Streptococcus) can enter the body and cause infection in the skin and surrounding tissues. These infections can lead to serious illness if the bacteria spread throughout the body. Children, older adults, and people with weakened immune systems are especially at risk of developing severe infections if they are bitten by an animal.

It’s critical that you seek medical attention right away and hire a dog bite injury attorney to represent your interests.

Neale & Fhima Will Fight to Get Compensation for Your Dog Bite Injury

If you’ve suffered an injury due to a dog owner’s negligence, a dog bite lawyer at Neale & Fhima will fight to get the financial compensation you deserve. Our skilled attorneys and top-notch legal team have an outstanding record of recovering more than $50 million in rightful compensation for victims throughout Southern California. We treat clients like family.  For a free consultation about your case, call us at 888-407-2955.

Attorney Aaron Fhima

Aaron Fhima, California attorneyAaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]

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