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Every year in the United States, there are 4.7 million dog bites, and, of those, some 800,000 require medical treatment. While it's tempting to think all dogs are docile companions, these numbers illustrate the reality that not every canine is safe to be around. If you've been the victim of a dog bite, you may be able to pursue compensation by filing a personal injury claim. Here’s what you need to know before filing.

When You Can File a Personal Injury Claim

When it comes to dog bites, different states have different laws as to what constitutes a valid civil violation or a personal injury claim. In Nevada, one of four conditions must be met for a victim to file a claim. The dog must have previously bitten someone—known as the one-bite rule; the dog must be classified as a dangerous or aggressive animal by animal control; the owner must have been clearly negligent in monitoring or restraining their dog; the owner must have been in violation of specific laws regarding dog ownership, such as a citywide ban on certain dog breeds.

How to Prove Liability

personal injury claimThe success of any personal injury claim depends on proving liability, such as establishing that the owner is responsible for their dog's actions. In general, you need to prove that the dog owner had a duty to protect their dog from others, that they breached that duty, that their response or lack of response directly resulted in the injury and that you have experienced verifiable damages.

There are several ways to go about establishing liability. Always receive prompt medical care and detail the extent of your injuries to the attending doctor and nurses; be sure to request copies of your medical records. Take photos of the wounds and of the scene where the bite occurred. Talk to witnesses and ask them to write signed statements about their memories of the event. If the police were called to the scene of the incident, request a copy of the police report. All of this information will substantiate your position and strengthen your claim.

 

The law firm of Kidwell & Gallagher can help you file a personal injury claim in the wake of a dog bite. For over 20 years, they have been representing clients throughout Elko, NV, in personal and work injury cases. They offer proactive legal counsel, decades of experience, and significant peace of mind as you navigate the justice system. Call (775) 738-1000 or visit them online to schedule a consultation.

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