Dog bites can be frightening and traumatic experiences, especially when they result in injuries. In New Hampshire, dog bite cases are taken seriously because of the potential harm they can cause to victims. Understanding the process of filing a personal injury claim for a dog bite can be very helpful if you or someone you love has been bitten by a dog. By knowing what steps to take, you can make sure you protect your rights and seek compensation for the injuries you have suffered. This guide explains what you need to know about filing a claim for a dog bite injury in New Hampshire. At, Tenn And Tenn, PA, we are here to guide you through the legal process and help you navigate the complexities of your case.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Understanding Dog Bite Laws in New Hampshire
New Hampshire has laws in place to protect people from dog bites and hold dog owners responsible for their pets’ behavior. One of the key laws is known as the “strict liability” rule. Under this rule, dog owners are held liable if their dog bites someone, regardless of whether the dog has a history of aggression or not. This means that even if the dog has never bitten anyone before or shown any signs of aggression, the owner can still be held responsible if their dog bites and injures someone. The law is designed this way to make sure that victims of dog bites have the chance to recover damages without having to prove that the owner was negligent.
Steps to Take After a Dog Bite Injury
When a dog bite occurs, it is important to take immediate action to protect your health and legal rights. The first thing you should do is seek medical attention. Dog bites can lead to serious injuries, including deep cuts, infections, and even nerve damage. Getting prompt medical care is crucial, not only for your health but also to document your injuries. Medical records can play a vital role in your personal injury claim as they provide evidence of the harm caused by the bite.
After getting medical care, it is important to gather information about the incident. This includes identifying the dog and its owner, taking photos of your injuries, and speaking with any witnesses who saw what happened. Gathering this evidence can strengthen your claim and help prove what occurred. You should also report the dog bite to local animal control or law enforcement authorities. This report can serve as another piece of evidence to support your claim.
Filing a Personal Injury Claim
Filing a personal injury claim for a dog bite in New Hampshire involves several steps. The first step is to notify the dog owner that you plan to seek compensation for your injuries. This can be done by sending a demand letter outlining the details of the incident, your injuries, and the compensation you are seeking. It is important to include medical bills, lost wages, and other expenses you have incurred because of the dog bite.
The next step is to file the claim with the appropriate court if the dog owner or their insurance company does not offer a fair settlement. In New Hampshire, you may need to file the claim in a small claims court or a higher court, depending on the amount of compensation you are seeking. The process can be complicated, and having legal representation can make it easier to navigate the legal system and ensure that your rights are protected.
Determining Liability in Dog Bite Cases
Determining who is liable in a dog bite case is crucial for your claim. In most cases, the dog owner is the person held responsible. However, there are situations where other parties might also be liable. For example, if the dog was under the care of someone else, such as a dog sitter or a dog walker, that person could potentially be held responsible if their negligence led to the bite. Additionally, if the dog bite occurred on someone else’s property, the property owner might also share some liability, especially if they failed to keep the area safe.
In New Hampshire, the strict liability law simplifies the process of proving the dog owner’s responsibility. You do not have to prove that the owner was negligent or that the dog was known to be dangerous. Instead, you only need to show that the dog bit you and that you were not trespassing or provoking the dog at the time of the incident. This law provides strong protection for victims and makes it easier to pursue a personal injury claim.
Types of Compensation You Can Seek
When you file a personal injury claim for a dog bite in New Hampshire, you can seek several types of compensation. One of the most common forms of compensation is for medical expenses. This includes costs for emergency room visits, surgeries, medications, and any follow-up care needed to treat the injuries caused by the dog bite. If you have suffered serious injuries, you may also be entitled to compensation for future medical expenses, especially if ongoing treatment or physical therapy is needed.
Another type of compensation is for lost wages. If the dog bite injuries caused you to miss work, you could be compensated for the income you lost during your recovery period. In some cases, if the injuries are severe and affect your ability to work in the future, you may also be entitled to compensation for lost earning capacity. Additionally, you can seek compensation for pain and suffering, which covers the physical pain and emotional distress caused by the dog bite. Pain and suffering compensation can vary based on the severity of the injuries and the impact they have had on your daily life.
Statute of Limitations for Dog Bite Claims
In New Hampshire, there is a time limit for filing a personal injury claim for a dog bite, known as the statute of limitations. The statute of limitations for dog bite cases is generally three years from the date of the incident. This means you have three years to file a claim seeking compensation for your injuries. If you do not file within this timeframe, you may lose your right to seek compensation. It is important to start the legal process as soon as possible after the incident to ensure that you meet this deadline and have enough time to gather all the necessary evidence.
Waiting too long to file a claim can make it harder to prove your case, as evidence can be lost and memories can fade. By taking action early, you can strengthen your claim and increase your chances of receiving fair compensation. Consulting with a lawyer soon after the incident can help you understand your legal options and ensure that you file your claim on time.
Defenses Used by Dog Owners in Dog Bite Claims
In dog bite cases, dog owners may try to defend themselves to avoid paying compensation. One common defense is that the victim was trespassing on the property at the time of the bite. Under New Hampshire law, if you were on the dog owner’s property without permission, the owner might not be held liable for the bite. Another defense is that the victim provoked the dog. If the dog owner can prove that you were teasing, hitting, or otherwise provoking the dog, they may argue that you are partly or fully responsible for the bite.
It is important to be prepared for these defenses when filing your claim. Having strong evidence, such as photos, medical records, and witness statements, can help counter these arguments and support your case. Working with a lawyer can also help you build a strong claim and address any defenses the dog owner might raise.
Why Legal Representation Is Important
Filing a personal injury claim for a dog bite can be complex, especially when dealing with insurance companies and legal procedures. Having legal representation can make a significant difference in the outcome of your case. A lawyer can help you understand your rights, gather evidence, and negotiate with the dog owner’s insurance company on your behalf. They can also represent you in court if a fair settlement cannot be reached.
Having a lawyer on your side can also help ensure that you receive fair compensation for your injuries. Insurance companies often try to offer low settlements to avoid paying the full amount of compensation you deserve. A lawyer can help you negotiate a fair settlement and make sure that all your damages are accounted for, including medical expenses, lost wages, and pain and suffering.
If you or a loved one has been bitten by a dog in New Hampshire, it is important to take action quickly to protect your rights. Filing a personal injury claim can help you recover the compensation you need to cover medical bills, lost wages, and other expenses related to the incident. Tenn And Tenn, PA is here to assist you throughout the legal process. Our experienced team understands the challenges that come with dog bite cases and is ready to help you pursue the compensation you deserve. Contact us today to discuss your case and learn how we can help you get the justice you need.