Have You Been Injured by a Biting Dog?
More than 4 million people are bitten by dogs every year in the United States, and many receive help from dog bite lawyers. If you are one of those unfortunate people, you have rights. Let’s learn them about those rights today.
A dog bite can be one of the most painful and terrifying injuries imaginable. Not only do you experience the physical pain that comes from the bite, but you also face the emotional trauma of being attacked by something that most of us love and trust.
It can take months or years to recover from a dog bite and children can develop a lifelong fear of dogs. Victims commonly report emotional injuries with symptoms like nightmares, anxiety attacks, agoraphobia, and post-traumatic stress disorder.
Plus, you’re often facing a stack of medical bills. Dog bites often cause deep lacerations, especially to the face, hands, and arms. You may need plastic surgery, have ongoing doctor’s visits, and require physical therapy just to get back to normal. Why should you pay these bills when someone else’s dog is responsible for what happened?
McCoy & Sparks law firm can help you hold the right person accountable for your dog injuries. Under Kentucky law, you have the right to bring a claim and sue a dog’s owner to recover compensation for the harm you suffered as a result of their animal’s behavior. Call 1-844-4KY-WINS, the dog bite injury lawyers in Kentucky, to speak to an experienced personal injury lawyer who has a caring and compassionate approach to dog bite lawsuits.
McCoy & Sparks: In Your Town and On Your Team.
At McCoy & Sparks, PLLC, we’re committed to delivering exceptional legal representation to dog bite victims throughout Kentucky. Here’s what sets us apart:
- We’re located in Bardstown and represent people across Kentucky – from Pikeville to Paducah.
- We have extensive experience handling dog bite claims, plus many other types of cases.
- We get results for our clients, including multiple 6 figure settlements on dog bite claims.
- We truly care about our clients and have plenty of satisfied testimonials on Facebook, Google Reviews, and other review sites.
As one client put it: “The best attorneys you can possibly find. Very trustworthy, reliable and they put your needs above all else. I’ve trusted them for 20 years. They are very knowledgeable. I can’t imagine seeing anyone else. I highly recommend them.” – Martha Hardesty. When you choose McCoy & Sparks, you’re choosing a team that genuinely cares about your well-being and is dedicated to securing the best possible outcome for your case. Let us put our care and experience to work for you.
Why Do Dog Bites Happen?
Dog bites occur in a wide variety of everyday situations, from a child playing with her grandparents’ beloved pet to the pizza delivery guy getting bitten on a customer’s doorstep. In many of these cases, the dog owner says something like: “But my dog is so friendly!” and “He’s never done this before!”
Like it or not, “friendly” dogs bite. Although the news is filled with stories about random dog attacks, most dog bites don’t happen out in the streets. They come from family pets and other dogs we know and trust.
Dogs bite when they’re in stressful situations and sometimes lash out due to unknown causes we can’t quite understand as humans. Something that seems normal to us, like children running around playing tag, could seem threatening to a dog and cause them to bite.
Common triggers for dog bites include:
- Reacting to a stimulus, like being poked or teased;
- Feeling scared or cornered in a small area;
- Protecting their puppies, owners, or territory;
- Illness and injury, because the dog is in pain; and
- Overly rough playtime between dogs and humans.
Kentucky is a strict liability dog bite state, which means that you don’t have to prove the dog had a known dangerous propensity to bite. You simply have to prove that the dog was owned or being harbored by someone and that it bit you. Fault can be shared, and you too can share some of the blame. For instance, if you provoke the dog, or otherwise show up in a place you don’t have the right to be, you may be assigned some of the blame. When this happens, your recovery is reduced by the percentage of blame that is assigned to you. These are often difficult and complex decisions. It is important to seek legal advice regarding how to maximize your chances.
Are Dog Bites Really That Serious?
Dog bites can be extremely serious injuries. Don’t let anyone tell you it’s “just a nip” because a dog bite can easily become infected, involve rabies, and/or create a painful injury site that may require plastic surgery and physical therapy to fix. Scarring is a common reality.
Dog attacks are sometimes fatal, especially for a small child. About 42% of dog attack related deaths are in children under age six. During a 14-year study by the Centers for Disease Control (CDC), more than 400 people were killed by dogs and 800,000 required medical care for dog bites.
Dog injuries often include:
- Deep lacerations;
- Head/neck injuries, especially in children;
- Facial wounds, especially in children;
- Hand injuries;
- Arm injuries;
- Crushing injuries;
- Infections;
- Injuries from falling, like hip injuries; and
- In rare cases, rabies.
Given the potentially severe consequences of a dog bite, it’s crucial to take these injuries seriously and seek proper medical care and legal support. Whether the injuries are physical, emotional, or both, they can have a lasting impact on your life. Ensuring that you receive the appropriate treatment and legal guidance can help you recover more fully and secure the compensation you need to move forward. Remember, a dog bite is never just a minor incident—it’s a situation that deserves careful attention and a proactive approach to protect your well-being and legal rights.
How a Dog Bite Attorney Suggests You Respond After a Dog Bite
Taking these steps immediately after a dog bite is crucial not only for your health and safety but also for building a strong legal case. The aftermath of a dog attack can be chaotic, but following this checklist will help you stay focused and protect your rights.
- Seek medical care immediately. Call 911 after a dog attack and ensure you are somewhere safe, away from the dog. Convey a description of the dog and where it can be found because the police and animal control will likely become involved. Follow medical professionals’ recommendations for the treatment of your wounds.
- Locate the dog’s owner. Determine the dog owner’s name, address, and contact information. Avoid getting into an argument with them about what happened and say as little as possible until you speak to a personal injury attorney.
- Document the incident and your injuries. Take photos and videos of the scene, including where the bite occurred. Photograph your injuries. Save all medical paperwork and anything you receive from the police or animal control. The more documentation you have, the better.
- Refrain from sharing details. Don’t share what happened on social media, distribute photos of your injuries, or discuss it with other people until you have a legal consultation. Anything you say publicly about the situation could come back to haunt you later.
- Contact a Kentucky dog bite attorney. A Kentucky dog bite lawyer can review the details of your situation and help hold the dog’s owner responsible. With the help of an experienced attorney, you can seek compensation for your medical bills, lost wages, and pain and suffering.
In closing, remember that the steps you take immediately after a dog bite can significantly impact the outcome of your case and the amount of compensation you receive for your losses. By following the guidelines above and seeking legal representation from an experienced attorney, you can protect your rights and receive the compensation you deserve. Your health, safety, and legal recovery should be your top priorities in the aftermath of a dog attack.
Who Pays the Compensation for My Injury?
Although the ultimate responsibility lies with the person that owns or harbors the dog, the damages are usually paid by a Homeowner Liability Policy. Most people that own a own are required by the bank to have homeowner’s insurance coverage. Most of these policies provide coverage for dog bites. The companies typically work with experienced dog bite attorneys and will often seek to settle the case rather than have their insured get sued and taken to court. Having an attorney that understands the nuances of insurance law and the details of dog bite liability will greatly improve both your chance at a recovery and the amount of that recovery.
Kentucky’s Strict Liability Rule for Dog Bites
Under Kentucky’s previous law, dogs and their owners would be allowed one “free” bite before being found liable. Referred to as the “one-bite rule”, this rule gained popularity because dog owners could claim they were unaware of their dog’s danger until their first offense. The problem that arose from this rule was that even though no one was found liable, someone was still bitten, and dog bites can cause long-lasting injuries.
Because of this, Kentucky and other states have become strict liability states when it comes to dog bites. Under this statute, if an animal or person is bitten by a dog, the dog’s owner will be held liable for the damage.
Strict liability means that liability is not dependent on negligence or an intent to harm, so even if the dog’s owner showed reasonable care, had the dog on a leash, and did not intend for the dog to attack or bite, they will be held liable for the damages caused by their dog.
However, Kentucky is also a comparative fault state. This means that if the injured individual was provoking the dog, trespassing, or engaging in any behavior that caused the dog to bite, the jury may assign you a percentage of fault. Because of this, Kentucky has what is known as a modified strict liability statute.
The Importance of Timely Legal Action After a Dog Bite
After experiencing a dog bite, taking immediate legal action is critical for several reasons. First, Kentucky law has a statute of limitations that limits the amount of time you have to file a personal injury lawsuit related to a dog bite. If you miss this deadline, you could lose your right to seek compensation, no matter how severe your injuries are. Typically, the statute of limitations for personal injury claims in Kentucky is one year from the date of the injury. There are several exceptions to this rule but you don’t want to have to rely upon an exception to prosecute your case. Consulting with a dog bite attorney as soon as possible ensures that your case is filed within this time frame, preserving all of your legal rights.
Another important reason to act quickly is the collection and preservation of evidence. Over time, key evidence can be lost or become less reliable. Witnesses may forget important details and physical evidence can deteriorate or be lost. The sooner you engage an attorney, the sooner they can begin gathering and preserving this crucial evidence, strengthening your case.
Additionally, early legal action allows your attorney to start negotiations with the dog owner’s insurance company right away. Insurance companies often attempt to settle quickly and for as little money as possible. Without proper legal representation, the insurer might pressure you into accepting a lowball offer that doesn’t fully cover your medical expenses, lost wages, and other damages. A dog attack injury attorney can protect you from these tactics, ensuring that you receive fair compensation for all your losses.
What Will I Get if I Win My Case?
We can’t guarantee any particular outcome in your case, rest assured that Kentucky dog bite victims can seek high-dollar compensation for a wide range of costs including medical bills, lost wages, and pain and suffering. Your case also helps protect others in the community from a dangerous dog.
At McCoy & Sparks, we have represented injured people since 1997 and have secured millions of dollars for our clients . Before you accept any offer from the dog’s owner, talk to us about getting the level of financial payment you really need to fully recover.
You Deserve Excellent Legal Representation from a Dog Attack Lawyer
Nobody deserves to be attacked by a dog. Even if the dog’s owner tries to avoid responsibility for what happened, under Kentucky law you have the right to recover or sue the owner of a biting dog.
McCoy & Sparks can:
- Handle communication with a difficult dog owner;
- Investigate the dog’s background and biting history;
- Help you work with police and animal control;
- Help you gather photos, videos, and other evidence;
- Present and evaluate your legal options;
- Negotiate a settlement with the dog’s owner or, more often, their insurance carrier; and
- Take your dog bite case to court, if necessary.
Dog bite cases can often be resolved outside of court by negotiating a settlement with the dog owner’s Homeowner or Renter’s insurance company. This saves time and hassle for both sides, so the dog’s owner may see the wisdom in agreeing to pay for your medical bills and other costs.
The attorneys at the McCoy & Sparks Law Firm have great sympathy for victims of dog bites. We understand that you may feel conflicted about what happened or even feel sorry for the dog. Your case may involve a friend or family member, which is particularly difficult.
We will fight for your rights and support you in seeking compensation for your costs and suffering. You deserve the best representation from an experienced Kentucky dog attack lawyer.
Request a Free Consultation With McCoy & Spark Dog Bite Lawyers
If you’ve been injured by a dog, please contact the dog bite lawyers in Kentucky, McCoy & Sparks at 1-844-4KY-WINS for a free and confidential consultation. We’ll ask questions about your situation and help you understand what to do next.
Trust us with your case. We’ll work tirelessly to get you the result you deserve.