A dog bite can be a traumatic and life-altering event that is far more serious than many people realize. Beyond the immediate pain, these incidents can result in severe physical injuries, disfigurement, and dangerous infections. The emotional and psychological toll can be equally devastating. If you or a loved one has suffered a dog bite in White Plains, you have legal rights and deserve justice for your injuries.
The Law Offices of Jason B. Kessler understands the profound impact a dog attack can have on victims and their families. We are dedicated to providing compassionate legal representation to help you with your dog bite claim. Our experienced White Plains dog bite lawyer is here to advocate for your best interests, ensuring your voice is heard and that negligent dog owners are held accountable.
Why Choose the Law Offices of Jason B. Kessler for Your Dog Bite Claim?
Jason B. Kessler brings extensive experience to the table, having successfully represented accident victims in White Plains and throughout New York for many years. He possesses a deep understanding of personal injury law, including the nuanced area of animal liability, and has a proven track record of securing favorable outcomes for his clients. Our firm maintains a dedicated focus on representing accident victims. This specialized approach ensures that we are always current with the latest legal developments and strategies relevant to your case. Our mission is to fight for injured individuals.
We offer aggressive advocacy in our relentless pursuit of justice for our clients. We will tirelessly investigate the circumstances of the dog attack, gather crucial evidence, and negotiate with insurance companies and opposing counsel. If a fair settlement cannot be reached through negotiation, we are prepared to take your case to trial. Our client-centered approach means your well-being is our paramount concern. We provide personalized attention, keeping you fully informed at every stage of your case. We are consistently available to answer your questions, address your concerns, and offer the comprehensive support you need during this challenging time. You will always feel valued and heard.
Our team conducts a thorough investigation, leaving no stone unturned in building your case. This involves collecting evidence of the dog's history (if any), gathering witness statements, and meticulously documenting your injuries and ongoing medical needs. We understand that financial stress can be immense after a serious injury, which is why we operate on a no upfront fees basis. We work on a contingency fee, meaning you pay nothing for our legal services unless we successfully recover compensation for you. This arrangement ensures that you have access to high-quality legal representation.
Understanding New York's Dog Bite Laws
New York's dog bite laws can be intricate, often requiring proof that the dog owner knew or should have known their dog had vicious propensities – meaning a history of biting or aggressive behavior. This is often referred to as the "one bite rule." However, it's crucial to understand that even without a prior bite history, an owner can still be held liable for medical expenses if their dog causes injury.
Here's a breakdown:
- Strict Liability for Medical Expenses: Under New York Agriculture and Markets Law, dog owners are held strictly liable for medical and veterinary costs if their dog bites or causes injury to another person, regardless of whether the owner knew of the dog's vicious propensities. This means you typically don't have to prove negligence to recover for your immediate medical bills.
- "One Bite Rule" for Other Damages: To recover for non-medical damages you generally must prove that the dog owner knew or should have known their dog had vicious propensities. This often involves demonstrating a prior bite history, a history of aggressive behavior, or that the dog belonged to a breed commonly associated with aggression although this alone is usually not sufficient.
- Negligence Beyond the "One Bite Rule": Even if the "one bite rule" cannot be definitively proven, a dog owner might still be held liable for damages if their negligence contributed to the attack.
Types of Compensation You May Be Entitled To
If you've been injured in a dog attack, you have the right to pursue compensation for a wide range of damages. This compensation is crucial for your recovery and for your wellbeing.
You may be entitled to recover medical expenses, which encompasses all past, present, and future medical costs directly related to your injuries. If your injuries prevent you from working, you can seek compensation for lost wages, covering both current lost income, bonuses, and commissions. This also extends to future lost earning capacity if your injuries result in a permanent disability or significantly reduce your ability to work.
Pain and suffering is a significant non-economic damage that compensates you for the physical discomfort, emotional distress, and mental anguish caused by the attack and your injuries. Dog attacks can leave lasting psychological scars, and you may be compensated for emotional distress. This can include conditions like PTSD, severe anxiety, and other mental health challenges directly stemming from the traumatic experience.
You can also seek compensation for property damage, covering the cost of repairing or replacing any personal property damaged during the attack. In rare cases where the dog owner exhibited extreme negligence or reckless disregard for safety, the court may award punitive damages. Unlike other damages, punitive damages are not intended to compensate the victim for a loss but rather to punish the at-fault party and deter similar behavior in the future.
The value of your claim will depend on various factors, including the severity of your injuries, the impact on your daily life, the specifics of the incident, and the extent of the owner's liability. Skilled White Plains dog bite lawyers like us can accurately assess your damages and strategically fight for what you deserve.
The Legal Process: What to Expect in a Dog Bite Claim
Pursuing a dog bite claim involves specific legal steps and requires attention to detail. Our team will carefully handle each step of the process, allowing you to focus on your recovery.
1. Initial Consultation and Case Evaluation:
Your journey begins with a free, no-obligation consultation. We will listen to your account of the attack, review the initial details of your case, and provide an honest assessment of your legal options. This initial meeting is your first opportunity to ask questions and gain a clear understanding of how our firm can assist you.
2. Immediate Investigation and Evidence Gathering:
Once you retain our services, we immediately launch a comprehensive investigation. This includes: promptly obtaining all relevant animal control records, identifying and interviewing all witnesses to the attack, collecting all your medical records and bills, and securing photographic evidence of your injuries. We may also consult with medical experts to fully understand the long-term impact of your injuries.
3. Identifying the Responsible Parties:
In most dog bite cases, the primary responsible party is the dog owner. However, depending on the circumstances, other parties might also bear some responsibility, such as a property owner or landlord if they knew of a dangerous dog on their premises and failed to take action, or even a dog sitter or walker who was negligent in their care of the dog. Our team will thoroughly investigate to identify every potential party that could be held liable.
4. Proving "Vicious Propensities" or Negligence (if applicable):
This is often the most critical aspect of a New York dog bite claim beyond medical expenses. Our firm excels at gathering the necessary evidence to demonstrate that the dog owner knew or should have known their dog was dangerous. This can involve obtaining past incident reports, neighbor testimonies about the dog's behavior, veterinary records that show aggression, or even social media posts by the owner acknowledging their dog's temperament. If a prior incident isn't readily apparent, we will explore arguments of general negligence by the owner, such as failure to properly leash, contain, or control the dog.
5. Negotiating with Insurance Companies:
Most dog bite claims are covered by the dog owner's homeowners' or renters' insurance policy. Once we have an understanding of your damages and all liable parties, we will prepare and submit a detailed demand package to the insurance companies. We will then engage in negotiations to try and secure a settlement that compensates you for your losses. We are keenly aware that insurance companies will often try to minimize payouts, and we will protect you from lowball offers.
6. Filing a Lawsuit and Litigation (If Necessary):
If the insurance companies or responsible parties refuse to offer a fair settlement that reflects the true value of your claim, we can file a lawsuit on your behalf. This initiates the litigation process, which can involve extensive discovery, potentially mediation or arbitration to resolve the dispute outside of court, and if necessary, a full trial before a judge or jury. Throughout this trying and often lengthy process, we will be your steadfast advocate.
Important Steps to Take After a Dog Bite
The actions you take immediately following a dog bite can significantly impact your health and the strength of your claim.
1. Prioritize Safety and Seek Immediate Medical Attention:
Prioritize your safety and seek immediate medical attention. Dog bites carry a high risk of infection, and some serious injuries, like nerve damage or deep tissue wounds, may not be immediately apparent. Clean the wound thoroughly with water if possible, then go to an emergency room or urgent care clinic right away. This creates a medical record linking your injuries directly to the dog attack. Follow all doctor's orders and attend all follow-up appointments.
2. Identify the Dog and Owner:
Identify the dog and its owner. If possible and safe, get the owner's name, address, phone number, and any relevant details about the dog. Do not confront an aggressive owner or put yourself in further danger. If the owner is unknown, note any distinctive features of the dog or the location where the attack occurred.
3. Report the Bite:
Report the dog bite to local animal control or police. This creates an official record of the incident, which can be invaluable for your claim. They will often investigate the dog's history and ensure proper quarantine procedures are followed if necessary.
4. Gather Information and Evidence:
Gather as much information and evidence as safely possible. Take extensive photos and videos of your injuries immediately after the bite, and continue to document their progression as they heal. If there were any witnesses, get their names and contact information. Note the exact location and time of the attack.
5. Do Not Provide Statements to Insurance Companies:
Do not provide recorded statements or extensive details to any insurance companies, especially the dog owner's homeowners' or renters' insurance, without first consulting with an attorney. Insurance adjusters are trained to minimize payouts, and anything you say can be used against you to devalue your claim. Direct all communication from insurance companies to your counsel.
6. Contact a White Plains Dog Bite Lawyer Promptly:
Contact a White Plains dog bite lawyer promptly. The sooner you retain legal counsel, the better. An experienced attorney can immediately begin investigating your case, preserving crucial evidence, and protecting your rights from the very outset. Moreover, be extremely cautious about posting any details about your attack or injuries on social media, as anything you share online could potentially be used to undermine your case.
Contact a Compassionate White Plains Dog Bite Lawyer Today
A dog bite can inflict severe physical wounds and deep emotional scars. While no amount of money can truly undo the trauma you've endured, securing fair and just compensation can provide the vital resources you need for your medical care or lost income. Additionally, holding the responsible party accountable can contribute towards your peace of mind.
We are committed to holding negligent dog owners accountable for their actions and fighting tirelessly for the rights of dog bite victims in White Plains, Westchester County, and throughout New York. Don't face the difficulties of a dog bite claim and the insurance companies alone. Let our experienced White Plains personal injury lawyer legal team champion your cause and pursue the justice you deserve.
Call (914) 220-1088 to schedule your free consultation.
Law Offices of Jason B. Kessler
55 Church St Suite 201, White Plains, NY 10601,