Dog bites can be traumatic and have long-lasting physical and emotional effects on the victim. If you or a loved one has been bitten by a dog in Oklahoma, it’s important to understand the legal process that follows. The Murray Law Firm is here to guide you through every step and ensure that your rights are protected. Our experienced team of personal injury attorneys is dedicated to fighting for the compensation you deserve.
Oklahoma Dog Bite Laws
In Oklahoma, dog owners are held responsible for any injuries caused by their pets. The state follows the “one-bite” rule, which means that if a dog has previously shown aggressive behavior or bitten someone before, the owner is automatically liable for subsequent bites. Additionally, the owner may also be held liable if they were aware of the dog’s dangerous tendencies but failed to take reasonable precautions to prevent an attack.
Requirements for a Dog Bite Claim in Oklahoma
To pursue a dog bite claim in Oklahoma, certain requirements must be met:
Statute of Limitations: It’s crucial to be aware of the statute of limitations for filing a dog bite claim in Oklahoma. Generally, you have two years from the date of the incident to file a lawsuit. Failing to meet this deadline may result in your claim being dismissed.
Medical Attention: Seek immediate medical attention for your injuries. This not only ensures your well-being but also creates a record of your injuries and the treatment received. Your medical records will serve as vital evidence in your case.
Documentation: Document as much information as possible about the dog bite incident. Take photographs of your injuries, the location where the incident occurred, and any visible signs of negligence or lack of proper containment. Gather contact information from any witnesses who may have observed the attack.
Reporting the Incident: Report the dog bite incident to local authorities and animal control. This is important for public safety and also helps establish a record of the incident.
Legal Representation: Contact an experienced dog bite attorney to discuss your case. They will evaluate the circumstances, gather evidence, and guide you through the legal process.
The Legal Process After a Dog Bite
Consultation: The first step is to schedule a consultation with a dog bite attorney. During this initial meeting, you will discuss the details of the incident, your injuries, and any relevant documentation you have. The attorney will assess the strength of your case and explain the legal options available to you.
Investigation: Once you decide to move forward with your claim, your attorney will conduct a thorough investigation. This may involve collecting additional evidence, interviewing witnesses, reviewing medical records, and consulting with experts if necessary. The goal is to build a strong case that demonstrates the dog owner’s liability and the extent of your damages.
Negotiation: In many cases, the dog owner’s insurance company will attempt to settle the claim before it goes to court. Your attorney will negotiate with the insurance company on your behalf, aiming to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and any other applicable damages.
Litigation: If a fair settlement cannot be reached through negotiation, your attorney will prepare your case for litigation. They will file a lawsuit on your behalf and represent you in court. During the trial, your attorney will present evidence, question witnesses, and argue your case before a judge or jury.
Compensation: If your case is successful, you may be awarded compensation for your damages. This may include medical expenses, lost wages, future medical care, rehabilitation costs, pain and suffering, and emotional distress. Your attorney will work diligently to ensure you receive the maximum compensation possible.
If you or a loved one has been a victim of a dog bite in Oklahoma, it’s crucial to understand the legal process that follows. The aftermath of a dog bite can be overwhelming, and navigating the legal system alone can be daunting. That’s why the Murray Law Firm is here to guide you through every step and ensure that your rights are protected.
Understanding the Role of the Insurance Adjuster
After a dog bite claim is filed, the insurance company will assign an adjuster to the case. The adjuster is responsible for investigating the incident, assessing the damages, and determining the amount of compensation the insurance company is willing to offer. This process typically involves several steps, beginning with an investigation.
The adjuster will likely request access to medical records, photographs, and any other documentation related to the bite. They may also interview the victim, the dog owner, and any witnesses. It is important to be cooperative during this stage but also to remember that the adjuster’s goal is to protect the interests of the insurance company. Anything said during these interviews can be used to challenge the claim.
One of the key factors the adjuster will consider is liability. In many cases, the dog owner is automatically liable for the injuries caused by their dog. However, there are situations where the adjuster may argue that the victim was partially or fully responsible for the bite. For example, if the victim was trespassing on the owner’s property or provoked the dog, the insurance company may reduce the compensation or deny the claim altogether. Understanding the nuances of liability in dog bite cases is crucial to navigating the claims process.
Factors Considered by Insurance Companies
When determining compensation for a dog bite claim, insurance companies consider several factors. These include the severity of the injuries sustained, the circumstances surrounding the incident, and the potential for long-term or permanent damage. Medical records and bills play a significant role in establishing the extent of the victim’s injuries and the cost of treatment. Insurance companies may also consider whether the victim contributed to the incident in any way, such as by provoking the dog. In cases where the victim is found to be partially at fault, the compensation amount may be reduced accordingly. Additionally, insurance companies will evaluate the emotional and psychological impact of the attack, which can include conditions such as post-traumatic stress disorder (PTSD), anxiety, and depression. These factors are taken into account when calculating compensation for pain and suffering, which is often a significant portion of the total settlement.
Challenges in Dealing with Insurance Companies
Dealing with insurance companies can be challenging, particularly for those who are unfamiliar with the claims process. Insurance companies have teams of adjusters and attorneys who are experienced in handling these types of claims, and their primary objective is to protect the company’s bottom line. This often means that they will employ tactics to delay or deny claims, or to pressure victims into accepting a lower settlement than they deserve. One common tactic is to question the severity of the victim’s injuries or to suggest that the injuries were pre-existing or not related to the dog bite. Insurance companies may also attempt to downplay the emotional impact of the attack, arguing that the victim’s psychological distress is exaggerated or unrelated to the incident. In some cases, they may even attempt to place blame on the victim, arguing that the victim’s actions contributed to the bite. These challenges underscore the importance of being well-prepared and informed when dealing with insurance companies, and seeking legal representation can be crucial in ensuring that your rights are protected.
Determining Liability in Dog Bite Cases
In a dog bite case, determining liability involves evaluating several factors, including the circumstances of the bite, the actions of the dog owner, and the behavior of the victim. One of the key factors is whether the dog owner took reasonable steps to prevent the bite. This evaluation includes considering whether the dog was properly restrained, whether the owner knew of the dog’s aggressive tendencies, and whether the owner was negligent in handling the dog.
The behavior of the victim is also an important factor in determining liability. If the victim was trespassing on the owner’s property, provoking the dog, or engaging in other behavior that could have led to the bite, this behavior may reduce or eliminate the dog owner’s liability. For example, if a person enters a yard where a dog is clearly confined and begins to tease or antagonize the dog, the owner may have a defense against liability if the dog bites the person.
Another critical aspect of determining liability is the concept of negligence. If a dog owner is found to be negligent in their care or control of the dog, this negligence can lead to liability for any injuries caused by the dog. Negligence can include failing to properly secure the dog, allowing the dog to roam freely, or not taking action to prevent a known risk of a dog bite. In these cases, the injured party must prove that the owner’s negligence directly led to the bite and the resulting injuries.
The legal process after a dog bite in Oklahoma involves several important factors that you should be aware of:
Seeking Medical Attention: The first and most crucial step after a dog bite is to seek immediate medical attention. Your health and well-being should always be your top priority. Even if the injuries may initially seem minor, it’s important to have a medical professional assess and document the extent of your injuries. Dog bites can lead to infections and other complications, so it’s crucial to receive proper medical care.
Reporting the Incident: It’s essential to report the dog bite incident to the appropriate authorities. Contact your local animal control agency or the police department to report the attack. This not only helps protect others from potential harm but also creates an official record of the incident, which can be valuable for your legal case.
Documenting the Incident: As soon as possible after the dog bite, gather as much evidence and documentation as you can. Take photographs of your injuries, the location where the incident occurred, and any visible signs of negligence or lack of proper containment. If there were any witnesses present, try to obtain their contact information as their statements may be crucial for your case.
Identifying the Dog Owner: If possible, try to identify the owner of the dog that bit you. It’s important to gather their contact information and any other relevant details, such as the dog’s breed and previous aggressive behavior, if known. If the dog owner is not present at the time of the incident, ask for assistance from witnesses or neighbors who may be able to help identify them.
Consultation with an Attorney: Once you have received the necessary medical attention and gathered the initial evidence, it’s strongly advised to consult with an experienced dog bite attorney. Dog bite laws can be complex, and having legal representation can significantly increase your chances of receiving fair compensation for your injuries. An attorney will evaluate the details of your case, advise you on your legal rights, and guide you through the legal process.
Dog Bite Statute of Limitations
There is a strict timeline to file a dog bite claim if you were attacked. Watch this video to learn about the dog bite statute of limitations in Oklahoma.
Question:
How long do I have to file a claim for a dog bite in Oklahoma?
Answer:
In Oklahoma, you have two years to make a claim in regards to a dog bite. That means you have a two-year statute of limitations. That doesn’t mean you wait for two years and make a decision; that means you need to make it well before two years. I would suggest you make it immediately. If you’re bitten by a dog, seek legal counsel, someone who’s trained to deal with these types of injuries and understands it. Let them do the investigation. Let them preserve the evidence. Let them make all the inquiries into the city about how many times they’ve been called out on this particular dog owner, and how many times they’ve dealt with this dog.
Questions To Ask The Dog Owner After A Bite
Watch this video by an experienced Stillwater injury lawyer to find out what questions to ask the dog owner after a bite.
Question:
What questions should I ask the dog owner after a bite?
Answer:
If you are bitten by a dog, even if it’s just a minor bit, but it breaks the flesh, you need to ask the dog owner, “Is your dog current on his vaccinations?” If they says yes, tell them, “Who is the veterinarian who did it, so I can check that. ”You don’t want to take anyone’s word on this because if the dog bite goes too long undetected, and there weren’t really vaccines there, or they’ve expired, it could cause you a lot of serious health problems.
Dog Bites and Uninsured Owners
If you were attacked by a dog and the owner is uninsured, you can still recover. Watch this video to learn about dog bites and uninsured owners.
Question:
Can I file a claim if the dog owner doesn’t have insurance?
Answer:
One of the most common problems I have is that people who rent apartments have dogs and these dogs bite people. Most of the time, there’s no insurance that covers a dog bite if you don’t own your home. Most of the time, there’s not insurance to cover dog bites for people. The counsel I normally give to people is that you can turn it over to your health insurance to pay for your medical bills. You can check with your homeowners insurance and see if it will cover a dog bite somewhere else. You can also check with your car insurance to see if they will cover any type of injuries you sustain from a dog bite. It’s tough. There’s no set answer. Every insurance company’s contract is different. I would suggest you contact an attorney to make sure you exhaust all possible avenues, so you can get your medical bills paid and any pain and suffering paid for.
Mistakes to Avoid After a Dog Bite
Were you attacked by a dog? Watch this video to learn about the mistakes to avoid after a dog bite case to ensure you protect your rights.
Question:
What mistakes should I avoid after a dog attack?
Answer:
The most common mistake people make when they’re bitten by a dog is that they don’t hire an attorney soon enough. Normally, dog bites are pretty serious. Always go to the doctor quickly. Most dog bites are going to give you back problem or knee problems; most of them are flesh wounds. They need to be stitched up. They need to be given antibiotics to make sure there’s no infection. Not hiring a lawyer is a mistake. They think they can settle it on their own. They don’t want to cause a problem. They might think maybe they provoked it because they didn’t ask the owner if they could pet their dog or whatever. Hire an attorney. Let him deal with the causation: why it happened, who is responsible.
Dog Bite Injuries
Dog bite injuries can be severe and leave serious scars that last a lifetime. If you were attacked by a dog, call for a free consultation. We will fight for you!
Question:
What types of injuries occur because of a dog attack?
Answer:
If you are bitten by a dog and seriously injured, the first thing you have to do is seek medical treatment. It’s important. You need to go to a health care professional. The next thing, which the health care professional will want to know, is the identify the dog. You need to make sure the dog has had its vaccinations and it doesn’t have any serious problems like rabies that could cause you problems. Once you find out the owner, you need to determine who they are and where they live. Then you have to hire an attorney. These are serious cases. They can cause disfigurement. They can cause serious injuries. There are some dogs out there that are pretty deadly. They can cause tremendous injuries.
I would hire a lawyer to investigate. Let them talk to these owners. Let them research about this dog. Has this dog done this to other people? Has he bitten friends or family before? Is this dog a menace? If the owners knew it was a menace, then they’re even more responsible.
This is a case where you have to make a claim against the homeowner’s insurance, so you need to determine who the homeowner insurance is and send them notice immediately. Do not wait to notify the owners. Do not wait to find out who the dog is. Do not wait to get medical treatment if you’re bitten by a dog.
If you or a loved one has been a victim of a dog bite in Oklahoma, don’t hesitate to seek legal representation. Contact the Murray Law Firm today for a free consultation. Our dedicated team of personal injury attorneys has extensive experience in handling dog bite cases and will fight tirelessly to protect your rights and pursue the compensation you deserve. Let us guide you through the legal process and help you obtain justice. Call us now to schedule your free consultation.