Spartanburg, like the rest of South Carolina, is a very dog-friendly place. Unfortunately, there are times when dogs become aggressive and violent. In these cases, they may bite and attack innocent bystanders, leaving them with very serious injuries. The good news is that South Carolina is also a very victim-friendly state when it comes to filing a claim. Even so, it is critical that you work with a Spartanburg dog bite lawyer who can help you through the process. Dog owners are likely to raise certain defenses in these claims, and that could put your compensation at risk.
The Dog Bite Law in South Carolina
South Carolina follows strict liability laws in dog bite claims. This means that when a person is bitten or attacked by a dog, the dog owner can be held liable for paying damages. The same liability applies to dog sitters and dog walkers if the animal was in their control at the time. Under strict liability law, you must only prove that you were bitten by a specific dog and that you incurred injuries as a result. You do not have to prove that the owner or other party was negligent, or that the dog had a history of violent or aggressive behavior.
There is one exception to the dog bite strict liability law. This exception applies when a person teased, tormented, or provoked a dog into biting or attacking them. Dog owners often use this exception as a defense, even when the accident victim did nothing to provoke the animal. For this reason, it is important to work with a Spartanburg dog bite attorney who can refute these claims so you obtain the full and fair compensation you deserve.
Common Dog Bite Injuries
Dog bites and attacks result in very serious injuries. The most common of these are as follows:
- Bone fractures
- Eye injuries
- Facial injuries
- Nerve damage
- Puncture wounds
- Head injuries
- Crushing injuries
- Amputations
- Lacerations
- Tissue damage
- Tendon damage
The injuries in dog bite claims vastly differ from other personal injury cases. A dog’s mouth is full of bacteria and when a bite punctures the skin, that bacteria can enter a person’s bloodstream. This can result in serious infections, including rabies. Dog bites can also cause permanent scarring and disfigurement, which can cause a victim to feel embarrassment and shame for the rest of their lives.
Lastly, after a dog bite, victims can feel a great deal of trauma, including post-traumatic stress disorder (PTSD). This is true even when dog bite victims loved the animals before the incident.
Compensation Available in Dog Bite Claims
It is natural to wonder how much compensation you may qualify for after a dog bite or attack. The damages you receive will depend largely on the severity of your injuries and the length of your recovery time. For example, if your injuries prevent you from returning to work for a few months, you can receive more damages than a dog bite victim who only missed work for a few weeks.
As in all personal injury cases, the compensation available in a dog bite claim is classified in terms of economic damages and non-economic damages. Economic damages are those that have a quantifiable dollar value and they may include:
- Medical expenses from hospital stays, emergency care, and surgeries
- Rehabilitation, including occupational and physical therapy
- The cost of therapy for managing trauma after the accident
- The cost of any medical equipment or medications required
- Lost income, including bonuses, benefits, vacation pay, and sick pay
- Loss of earning capacity, if you cannot return to the same line of work again
Not all damages incurred during a dog bite or attack have dollar amounts that are easy to calculate.
The non-economic damages available in these cases are meant to compensate you for these losses.
The most common non-economic damages awarded in dog bite cases include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent scarring
- Disability and disfigurement
How Can a Spartanburg Dog Bite Attorney Help with Your Case?
You are not required to work with a Spartanburg dog bite lawyer when filing a claim. However, working with a lawyer can ensure there are no mistakes made in your case and help you obtain the full and fair settlement you deserve. An attorney can help with many aspects of your case, including:
- Conduct a full investigation into the dog bite or attack
- Collect and analyze supporting evidence in your case, such as witness statements, a police report, and photographs of your injuries
- Accurately value the damages available in your case
- Prove that you did not provoke the animal into biting or attacking you
- Communicate with the insurance company representing the liable party on your behalf
- Negotiate a settlement that will cover all of your losses
- Prepare and file a lawsuit and represent you at trial, if necessary
When a Spartanburg dog bite attorney represents you throughout your claim, it can greatly relieve the stress you are feeling. Your lawyer will handle the legal details of your case so you can focus on your recovery and receive the medical treatment you require.
How Long to File a Dog Bite Claim?
Like all personal injury cases in Spartanburg, and throughout South Carolina, those involving dog bites are governed by a statute of limitations. The statute of limitations refers to the amount of time you have to file your claim. In South Carolina, you have three years from the date of the dog bite to file your claim. If you fail to file your claim before this period expires, you will forfeit any damages you had a legal right to.
Three years sounds like a long time to many dog bite victims. Unfortunately, it is not. Before filing your claim, your lawyer must conduct a full investigation, collect evidence, and you must receive medical treatment. You must also have a full understanding of what your injuries will cost you now and in the future. All of this takes time and so, it is important to speak to a Spartanburg dog bite attorney as soon as possible.
Our Dog Bite Lawyer in Spartanburg Provides Sound Legal Advice
It is true that in South Carolina, there are laws that protect dog bite victims. This does not mean, though, that filing a claim and obtaining the damages you deserve is easy. At McCravy, Newlon, Sturkie, & Clardy, our Spartanburg dog bite lawyer can represent you throughout the process, prove that your injuries were caused by a dog bite, and help you claim the full and fair damages you are entitled to. Call us now at 866-MCCRAVY or contact us online to schedule a free consultation and to get the legal help you need.