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When a dog bites someone, the victim is usually entitled to compensation for damages, like medical bills, scarring, and emotional distress. However, if he or she instigated the attack in some way, it could seriously limit the total payout—or bar recovery entirely. If you were bitten by a dog, here’s what personal injury lawyers want you to know about pursuing damages, especially if you played a role in the incident. 

Proving Your Case 

There are several scenarios in which dog bite victims could be considered at fault. If you came across the animal in a park, for example, but ignored the owner’s warnings to keep your distance, you might shoulder some blame. You could also be found liable if you provoked the dog prior to the bite or if you were trespassing at the time of the incident.

Fortunately, it may still be possible to secure at least some compensation if you’re found partially liable. If you’re not sure where to start, a resourceful personal injury lawyer can help. Your legal team may be able to gather eyewitness testimony, medical records, surveillance footage, and statements from experts, like animal behavioralists, to contribute to the claim. 

Recovering Compensation 

personal injury lawyerWhen it comes to personal injury payouts, Missouri follows a pure comparative fault system. Under this system, a plaintiff’s award is reduced by his or her own percentage of liability. In other words, if you incur $25,000 in damages and you’re found 50% responsible, you’re entitled to $12,500. There are 11 other states that follow this rule. 

Meanwhile, four states and Washington D.C. have a pure contributory negligence rule, which bars plaintiffs from recovering funds if they’re deemed even 1% responsible. And 33 states follow a modified comparative fault system, which essentially bars recovery if the plaintiff is found to be more liable than the defendant. Otherwise, the payout is reduced by his or her percentage of fault.

Finally, South Dakota has a slight/gross negligence comparative system, which inhibits claimants from recovering funds for anything unless their own negligence was considered “slight” while the defendant’s was considered “gross.”

 

If you were bitten by a dog, turn to the personal injury lawyers at Henry & Williams P.C. to determine how you should proceed. Located in West Plains, MO, this law firm is led by a strategic team that has more than 75 years of combined experience in the legal field. Despite having the resources of a massive practice, they provide the attentive counsel of a small firm. To see some of their recent victories, visit their website. To schedule a consultation with one of their compassionate personal injury lawyers, call (417) 256-8133. 

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