What to Do After a Dog Bite in Indiana: Legal Steps Explained

Posted on June 27, 2024 by admin

Dog bites can turn a regular day into a distressing and painful ordeal. Knowing the legal steps to take after such an incident is crucial, especially for residents of Indiana. This blog post aims to guide dog bite victims, survivors, and parents through the necessary legal actions. By understanding these steps, you can safeguard your health and rights effectively.

Call 317-881-2700 to Speak With a Dog Bite Accident Attorney in Indianapolis

Understanding Legal Steps After a Dog Bite

Dog bites are more common than you might think. According to the Centers for Disease Control and Prevention (CDC), approximately 4.7 million dog bites occur in the United States every year, with many of these incidents happening in Indiana. Understanding the legal framework surrounding dog bites in Indiana is essential for ensuring justice and compensation.

Legal Obligations and Victims’ Rights

Duty of Care and Legal Responsibilities of Dog Owners

Dog owners in Indiana have a legal duty to ensure their pets do not harm others. This responsibility, known as “duty of care,” means keeping dogs restrained and under control, especially in public spaces. Failure to do so can result in significant legal consequences for the owner and their insurance carrier.

Rights of the Victim

Victims of dog bites in Indiana have the right to seek compensation for damages. This can include medical expenses, lost wages, and even emotional distress. Understanding these rights is the first step towards obtaining the justice you deserve.

Time Limits for Filing a Dog Bite Claim in Indiana

Indiana law imposes a statute of limitations on dog bite claims. In most situations, victims generally have two years from the date of the incident to file a claim. Missing this deadline can result in losing the right to seek compensation, making it crucial to act promptly.

Immediate Actions to Take After a Canine Attack

Seeking Medical Attention

The first and most critical step after a canine attack is seeking medical attention. Even if the wound appears minor, infections such as rabies can develop. A healthcare professional can provide necessary treatments and document the injury, which is vital for legal proceedings.

Reporting the Incident

After addressing immediate medical needs, report the dog bite to local authorities. First contact the local police department and animal control to file a report. A formal report serves as an official record of the incident and an investigation will occur, which is essential for pursuing legal action.

Gathering Evidence

Collecting evidence at the scene is crucial. Take photographs of your injuries, the location, and the dog if possible. Gather the contact information of witnesses and the dog owners, as their testimonies can be invaluable. This evidence will support your claim and help establish the owner’s liability and enable you to make a claim with their homeowner’s insurance company

Legal Steps for Dog Bite Personal Injury Claims

Consultation with a Personal Injury Attorney

Seeking advice from an experienced personal injury attorney can make a vital difference in your case. They can provide insights into your rights, evaluate the viability of your claim, and guide you through the legal process. An attorney will also help negotiate with insurance companies to ensure full and fair compensation.

Filing a Dog Bite Claim

Once you have an attorney, the next step is filing a dog bite claim. This involves submitting your case to the appropriate insurance company and legal body, along with all gathered evidence. Your attorney will help you prepare and file the necessary documents, ensuring that all legal requirements are met.

The Discovery Process and Negotiations

The discovery process involves gathering further evidence, including medical records and witness statements. During this phase, both parties exchange information to document their cases. Negotiations may also occur at this stage to reach a settlement without going to trial.

Going to Trial, if Necessary

If a settlement cannot be reached, your case may go to trial. Here, both sides present their arguments before a judge or jury. Having a skilled attorney by your side can significantly impact the outcome, helping you secure the compensation you deserve.

Resources and Support for Dog Bite Victims

Support Groups

Numerous resources are available for dog bite victims in Indiana. Support groups offer emotional support and guidance. Connecting with these resources can help you navigate the challenges following a dog bite.

Tips for Dog Bite Prevention and Safety

Prevention is always better than cure. Educate yourself and your community about dog bite prevention. Simple measures, such as proper training, proper restraint and control of the dog and socialization for dogs and understanding body language, can significantly reduce the risk of dog bites.

Conclusion

Understanding the legal steps after a dog bite is crucial for protecting your rights and securing the compensation you need. By following the outlined steps—seeking medical attention, reporting the incident, gathering evidence, and consulting with a personal injury attorney—you can navigate this challenging situation effectively.

If you’ve been bitten by a dog in Indiana, don’t hesitate another day to seek professional and personalized legal advice. Contact the Law Office of Craven, Hoover, and Blazek P.C. to file a dog bite accident claim in Indianapolis and ensure you get the justice and compensation you deserve.

Indiana’s Dog Bite Laws: Everything You Need to Know

Posted on February 29, 2024 by admin

Welcoming you to a guide through Indiana’s legislation on perhaps one of the most heartwarming yet legally complex pet-owners’ conundrums – dog bite laws. To our fellow Hoosiers, diligent pet lovers, and those navigating the maze of personal injury claims after an unfortunate canine incident, we’re here to be your trusty guides through Indiana’s unique legal landscape. Let’s dive in.

Call 317-881-2700 to Speak With a Dog Bite Accident Lawyer in Indianapolis

General Dog Bite Legalities in Indiana

For many, a dog is a cherished companion and an adored member of the family. However, even the most well-loved dogs have off days. Understanding Indiana’s dog bite laws is not just about legal compliance; it’s about ensuring the safety of our loved ones, neighbors, and furry friends.

A single bite can lead to a myriad of consequences, raising questions about legal culpability, victim rights, and the overall safety of communities. As we unpack the intricacies of dog bite laws in Indiana, we aim to arm you with the knowledge needed to approach this delicate subject responsibly and with a mind to foster a secure community for all.

Overview Of Indiana Dog Bite Laws

Strict Liability

Under Indiana’s strict liability law, dog owners are held legally responsible for any injuries or damages caused by their dogs, regardless of the dog’s past behavior or the owner’s awareness of such behavior. In essence, the dog owner is “strictly liable” for the harm caused. Some Indiana Codes are located at Indiana Code 15-20-1 et seq. and apply to the following persons:

(1) who is acting peaceably; and
(2) who is in a location where the person may be required to be in order to discharge a duty imposed upon the person by:

(A) the laws of Indiana;
(B) the laws of the United States; or
(C) the postal regulations of the United States;

Indiana’s “One-Bite” Rule

While the only Indiana statute on dog liability pertains to government and postal workers, Indiana courts allow dog bite victims who are not government and postal workers to pursue common law claims against dog owners.

However, to succeed in such a claim, a victim must prove that the animal’s owner was negligent.

Typically, to prove negligence, you must show that the owner knew or should have known that their dog was dangerous.

In most situations, this involves showing that the owner was aware that their dog bit someone in the past or had dangerous tendencies.

Exceptions and Defenses

It’s not an open-and-shut case of guilt. Indiana’s dog bite laws recognize certain exceptions and defenses that can be raised by dog owners. These typically revolve around trespassing victims, acts of provocation, or claims of defensive action by the dog at the time of the incident. It’s important for both dog owners and victims to be aware of these legal caveats.

Implications For Dog Owners

Responsibilities and Obligations

Dog ownership in Indiana mandates a series of responsibilities, especially when it comes to managing and controlling a dog that may, in certain circumstances, be a legal hazard. These include:

☑ Keeping the dog leashed or appropriately confined
☑ Ensuring the dog is properly vaccinated and licensed
☑ Preventing the dog from becoming a public nuisance

Prevention and Compliance

Understanding the law is only the beginning. Proactive measures are critical in preventing dog bites. Owners should focus on proper training and socialization for their pets, identifying and mitigating potential triggers, and always adopting responsible pet parenting practices.

Legal Consequences

Ignorance is not a valid plea in the eyes of the law. A neglectful or disobedient dog owner can face not only civil but also criminal charges in severe cases. Consistent obedience to leash laws and display of “no trespassing” signs can help reduce one’s legal exposure in the unfortunate event of a dog bite incident.

Legal Recourse For Victims

Rights of Dog Bite Victims in Indiana

Dog bite victims in Indiana have the right to seek compensation for their injuries. This right is fortified through civil action, which typically involves proving the owner’s negligence and the dog’s vicious or dangerous propensity.

Filing a Dog Bite Personal Injury Claim

Navigating the legal system can be daunting, especially when recovering from a traumatic injury. It is crucial for victims to act swiftly, documenting evidence, seeking medical attention, and preferably, consulting with a personal injury lawyer who is experienced in dog bite claims to articulate the strongest case possible.

Compensation Available

In Indiana, compensatory damages can cover a wide array of costs associated with a dog bite injury, including medical expenses, lost income, physical rehabilitation, and pain and suffering. Understanding the full spectrum of available compensation enables victims to claim a full and fair recompense for their losses.

In Summary

Dog ownership and dog bite incidents are multifaceted issues that demand a balanced consideration of legal, ethical, and community well-being. Advocating for greater awareness and adherence to dog bite laws not only strengthens our legal system but also contributes to a culture of shared responsibility and safety. Whether it’s through responsible ownership, prudent legal actions, or adopting a mindful approach to pet interactions, we can all play a role in preventing dog bites.

In Indiana, your duty as a dog owner extends beyond the welfare of your pet—it’s to the welfare of your neighbors, your family, and the harmony of your community. When every Hoosier is well-informed and well-prepared, we take significant steps towards fostering a state that is both legally sound and empathetically grounded in the face of dog bite accidents.

We hope this blog post has provided helpful information about canine attack accidents in Indiana. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial personal injury case evaluation with a seasoned dog bite accident lawyer in Indianapolis, today. Meet with us over the phone, video conference, or in person at our Indy office.

Navigating the Legal Terrain: Dog Bite Claims in Indiana

Posted on October 17, 2023 by admin

Dog bites can lead to serious injuries and emotional trauma. When such an unfortunate incident occurs, knowing the legal landscape can be crucial. Welcome to our dive into the world of dog bite claims in Indiana.

This comprehensive guide aims to equip victims and their families with the necessary knowledge to navigate the legal terrain in the aftermath of a dog attack. Whether you’re considering a dog bite lawsuit, seeking the assistance of a dog bite lawyer, or just trying to understand your rights, this post aims to be a valuable resource for you. Join us as we explore the intricacies of dog bite claims in the Hoosier State.

Call 317-881-2700 to Speak With a Dog Bite Attorney Near Indianapolis

Understanding Indiana’s Dog Bite Laws

Each state in the US has its own set of laws governing dog bites, and Indiana is no exception. The Hoosier State follows, in general, a negligence liability rule when it comes to dog bite claims. This means that dog owners are held responsible for any injuries or damages caused by their dogs if they knew about the dog’s aggressive tendencies. Breed of dog can also play a factor.

Additionally, Indiana does not have a specific statute addressing dog bites in most scenarios. Instead, it falls under the state’s general negligence laws. As such, victims must prove that the dog owner was negligent in handling their dog, resulting in the injury. This could include proving that the owner failed to properly restrain or control their dog or failed to warn others of their dog’s aggressive behaviors. Some cities and counties or other municipalities do have their own dog bite laws in some circumstances though.

The Importance of Seeking Legal Representation

Navigating the legal terrain of a dog bite claim can be complicated and overwhelming, especially for those who have suffered physical and emotional trauma. In such cases, seeking the assistance of an Indianapolis dog bite lawyer is crucial. An experienced attorney in this field will help victims understand their rights and guide them through the legal process, from filing a claim to negotiating a settlement and representing them in court.

Moreover, having legal representation can also increase the chances of receiving full and fair compensation for damages such as hospital bills, medical expenses, lost wages, and pain and suffering. A knowledgeable dog bite attorney will be able to assess the extent of the damages and fight for the maximum compensation that the victim is entitled to under Indiana law.

Time Limitations for Filing a Dog Bite Lawsuit

It’s important to note that there are time limitations for filing a dog bite lawsuit in Indiana. According to Indiana Code section 34-11-2-4, victims have two years from the date of the incident to file a personal injury claim. If the lawsuit is filed after this time period, it is likely that the court will dismiss the case but again, all cases are fact specific.

However, there are exceptions to this statute of limitations. For instance, if the victim is a minor or was incapacitated at the time of the attack, then the two-year time period may be extended. Additionally, if the dog’s owner was charged with a crime related to the attack, then the victim may have up to six years to file a civil claim.

Final Thoughts

Dog bites cause physical injuries, emotional trauma, and financial strain. As such, it is important for victims to understand their rights and options when it comes to seeking compensation for damages. If you or a loved one has been a victim of a dog bite in Indiana, it is crucial to seek legal representation and guidance from an experienced dog bite lawyer in Indianapolis as soon as possible. By understanding the Indiana dog bite laws and seeking the necessary assistance, victims can navigate the legal terrain and obtain the justice they deserve. Stay informed and stay safe! So, always be vigilant when dealing with dogs, especially unknown ones.

Would you like to learn more about your rights to pursing compensation after being attacked or bitten by a canine? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced dog bite attorney in Indianapolis. We represent injured victims all across the state, Indiana residents injured in other states and residents of other states injured in Indiana. In addition, we offer the option to hold meetings either by phone, at your residence, online, or at the hospital if necessary.

How to Claim Compensation After a Dog Attack

Posted on June 16, 2023 by admin

No one ever expects to be attacked by a dog, but unfortunately it does happen. If you’ve been bitten or otherwise injured due to someone else’s pet, the law allows you to seek compensation for your medical bills and other damages. The process of claiming compensation can seem daunting at first, but with the right information, you can make sure that justice is served and get the financial help that you need. In this blog post, we will discuss how to claim compensation after a dog attack and provide tips on finding an experienced personal injury lawyer who can assist in filing your case.

Call 317-881-2700 to Speak With an Experienced Dog Attack Lawyer in Indianapolis Indiana

Common Complications Associated With Dog Bites and Attacks

Dog attacks are a serious issue that can result in various injuries. Dog bites are the most common injury caused by these attacks, and they can be severe and deep. Injuries can also include puncture wounds, lacerations, broken bones, and nerve damage. However, physical injuries are not the only consequences of dog attacks. Many victims may experience psychological trauma, leading to post-traumatic stress disorder (PTSD) and other mental health issues. It is essential to understand the risks associated with dog attacks and to take steps to prevent them to avoid such injuries and their aftermath.

If you have been involved in a dog assault, you may have sustained a wide range of damages and losses. These can include physical injuries, emotional trauma, lost wages, and medical bills. Fortunately, compensation may be available to help cover these costs. You may be able to recover damages for medical expenses, hospital bills, loss of income, prolonged physical therapy, pain and suffering, and other related expenses. In order to ensure that you receive the maximum compensation possible, it is important to work with an experienced personal injury attorney who can help you navigate the legal process and fight for your rights under the law.

How to Get Started on a Dog Attack Personal Injury Claim:

>Retain All Evidence

The first step to claiming compensation is gathering evidence. After the canine attack, you should take pictures of your injuries and document any medical treatment that was required as a result. Take a picture of the scene and the dog. You should also make sure to get the contact information of any witnesses who saw the incident happen. This will be helpful in proving your case if it goes to court.

>Connect With a Personal Injury Lawyer

Next, you will need to find an experienced personal injury dog bite lawyer who can help you navigate the legal system and handle your claim for damages. When choosing an accident attorney, make sure they are knowledgeable about canine attack cases and have a proven track record of success in such matters. Ask for references or read reviews online so that you can select the best possible candidate for your case. The more qualified they are, the better chance you have of receiving a fair settlement.

>Be Patient With the Legal Process

Finally, it is important to remember that dog bite cases can be complicated, so patience and perseverance are key. Your lawyer will work hard to get you the compensation that you deserve, but it may take time for your case to be resolved. Keep in mind that due to the nature of such cases, settling out of court is often the best route as going through a lengthy trial can be expensive and emotionally draining for all parties involved. However, if the defendant’s insurance carrier is not willing to settle the case fairly, you should be prepared to take the case to a jury trial.

Do Not Let a Dog Attack Put Your Life Off Track

In conclusion, if you have been attacked by someone’s pet or been injured due to a dog bite then you do have legal options available to seek compensation. By gathering evidence, finding an experienced Indianapolis dog bite lawyer, and being patient, you can make sure that justice is served and you receive the financial help that you need.

Are you ready to take the next step toward obtaining compensation for your injuries and losses after a canine attack? Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 today to schedule a free case evaluation and learn more about how we can help you with your dog bite accident lawsuit in Indianapolis. We represent clients all throughout the state of Indiana, and Indiana residents injured in other states.

The Legal Implications of Owning a Dog That Bites Someone

Posted on March 27, 2023 by admin

Having a dog can bring lots of joy and companionship, but it also comes with responsibilities. One of the most serious legal implications is if your pet bites someone. Dog bite accidents are quite common in the United States, with an estimated 4.5 million incidents occurring every year, according to the Centers for Disease Control and Prevention (CDC). This means that you have a 1-in-73 chance of getting bit by a dog in the states!

In this blog post, we’ll explore what happens when a dog bites someone and how you can protect yourself from potential legal action. We will also give information on what to do if you are injured by a canine in a dog attack accident.

Call 317-881-2700 to Speak With a Dog Bite Attorney in Indianapolis, Indiana.

Dog Bite Laws

In most states, dog owners are legally responsible for their pet’s behavior and can be held liable if the animal bites someone. This means the dog owner could face a civil lawsuit from the victim or even criminal charges in some cases. Depending on the situation, damages awarded to the victim could include medical bills, lost wages, pain and suffering, and other costs associated with the injury. Make sure you have insurance to protect yourself should your dog attack anyone.

Indiana Laws Regarding Dog Bites and Attacks

Here in Indiana, our state enforces the Strict Liability rule for dog bites. Indiana Code 15-20-1-3 decrees that, regardless of a dog’s history, if it attacks or bites another person, the dog owner and thus, their insurance carrier, is wholly responsible for the accident, making them liable for the injured person’s damages (medical bills, disfigurement, PTSD, etc.) if a person is on the property discharging a duty owed under law, for example, a postal worker delivering mail. Indiana law also states that any owner who fails to disclose the dangerous nature of their dog can face a lawsuit if their pet bites someone else. There are also other ways in which a dog owner might be held liable for actions by their dog. Again, make sure you have insurance!

Dog owners in Indiana should familiarize themselves with Indiana’s laws and make sure to take appropriate measures to prevent incidents from occurring as lawsuits can be both costly and damaging for all parties involved. When a serious dog bite incident occurs, it’s important to consult an experienced attorney who can advise you on your legal rights and obligations. A lawyer can also help you understand any laws in your state that might affect your case.

In addition to protecting yourself legally, here are some steps you can take to help prevent dog bite injuries:

– Make sure your pet is adequately trained and socialized.

– Ensure that your dog is always under supervision when around people.

– Make sure your dog stays appropriately restrained and confined,

– Never leave young children alone with any animal, regardless of their size or temperament.

– Spay or neuter your pet to reduce the risk of aggressive behavior.

– Check for signs of aggression in your pet such as chasing, growling, barking, or lunging at people.

Protect Yourself Against Dog Bite Lawsuits and Accidents

By taking these precautions, you can help ensure the safety of everyone in your home, guests, neighbors and minimize the chances of a dog bite accident occurring. Of course, no one can predict when an incident might occur or what mood your dog is in on a particular day, so it’s important for the owner to take the proper precautions and to be aware of the legal implications if your dog does injure someone.

What To Do if You are Bit By a Dog

Dog bites are no fun, and if you find yourself injured by another person’s dog, it can be overwhelming to figure out what to do next. First, you should call the police or animal control and make sure the appropriate procedures are followed. Second, seek medical attention for any physical injury or emotional trauma because of the dog bite accident. Depending on your specific situation and individual needs, an Indianapolis personal injury lawyer who is well-versed in dog bite cases may be able to provide additional help for your claim. A seasoned Indiana dog bite attorney can help advise you of your legal rights and options, advocate on your behalf, and work to ensure that the pet owner and their applicable insurance carrier is held liable for their negligence and any damages caused by the dog bite incident.

Are you or a loved one a recent victim of a serious dog attack in Indiana? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free personal injury consultation with an experienced dog bite lawyer in Indianapolis, today. We represent victims all throughout the state, as well as Indiana residents injured in other states and persons from other states injured in Indiana.

The 5 Most Common Personal Injury Cases in the United States

Posted on January 24, 2023 by admin

When you think of personal injury cases, the first thing that comes to mind is likely car accidents. And while car accidents are certainly a common type of personal injury case, they’re far from the only one. In fact, there are a number of different types of personal injury cases, each with their own unique set of circumstances and causes, as well as applicable laws.

Here we’ll take a look at five of the most common personal injury cases in the United States.

Call 317-881-2700 to Speak With a Car Accident Lawyer in Indianapolis.

Top 5 Accident Cases in the U.S.

There are many types of personal injury cases, but some are more common than others. The five personal injury cases that occur most frequently in the United States are car accidents, slip and fall accidents, dog bites, medical malpractice, and wrongful death.

Car Accidents

When it comes to personal injury cases, car accidents are one of the most common. In the United States, there are around 6 million car accidents each year, and out of those, around 3 million result in injuries. There are a number of things that can cause a car accident, from driver negligence to hazardous road conditions. Some of the most common injuries that occur in car accidents include head injuries, neck injuries, back injuries, and spinal cord injuries.

If you have been injured in a car accident, it is important to seek medical attention right away. Once you have been treated for your injuries, you want to talk to an Indiana personal injury lawyer about your case. A qualified car accident attorney in Indianapolis can help you file a claim or lawsuit against the person or company responsible for your accident and can help you get the compensation you deserve.

Slip, Trip, and Fall Accidents

Slip, trip, and fall accidents are the most common personal injury cases in the United States. These accidents can occur anywhere, from a grocery store to a neighbor’s home. If you have been injured in a slip, trip, or fall accident, it is important to seek medical attention as soon as possible. You may also be eligible for compensation for your personal injury, so contact an experienced Indianapolis slip and fall attorney who can help you with your case. With their help, you may be able to receive the compensation that you deserve for your personal injury.

Dog Bites

Dog bite accident cases are also one of the most common personal injury cases in the United States. In Indiana, dog bite law is governed by the state’s negligence laws. A dog owner can be liable for injuries their dog causes if they were not exercising reasonable care to prevent the injury and/or if their dog had bitten someone else before, among other reasons. This includes keeping the dog restrained or leashed when in public, and properly securing the dog’s enclosure. If you have been injured in a dog bite accident, it is important to speak with a seasoned Indianapolis dog bite lawyer as soon as possible. Your lawyer will be able to help you file a claim and negotiate with the defendant’s insurance company.

Medical Malpractice

Medical malpractice is one of the most common personal injury cases in the United States. It can happen when a doctor, nurse, or other medical professional provides substandard care that results in harm to the patient. Patients who have been injured as a result of medical malpractice may be able to file a lawsuit to recover damages. Some of the most common types of medical malpractice cases include:

1. Failure to Diagnose or Misdiagnosis
2. Improper Treatment or Surgery
3. Prescription Errors
4. Birth Injuries
5. Wrongful Death

Medical malpractice cases can be complex and require a knowledgeable medical malpractice lawyer in Indianapolis to help prove negligence on the part of the healthcare provider. An experienced attorney will be able to assess your case, build a strong legal strategy, and work to obtain the maximum compensation you are entitled to.

Wrongful Death

Wrongful death is a type of personal injury case that arises when a person dies as a result of the negligence or wrongdoing of another person or company. Wrongful death cases can be extremely complex, and it is important to have an experienced attorney representing you. If you have lost a loved one due to someone else’s negligence, contact a licensed Indianapolis wrongful death lawyer as soon as possible to discuss your legal options. They can help you understand the process and provide you with options for recovering compensation for your loss. Wrongful death cases can sometimes be difficult to prove, so it is important that all the facts are thoroughly investigated and documented. An experienced personal injury attorney will be able to review the evidence, document a strong case, and pursue justice on behalf of your family.

Conclusion

No matter the situation, personal injury cases should not be taken lightly and it’s important to seek the help of an experienced attorney if you have been wrongfully injured in a personal accident case. An attorney can provide you with guidance and work hard to ensure that your rights are protected throughout the entire process.

Are you looking for a trusted civil lawyer in Indiana who can give you the best advice regarding your accident case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a highly experienced accident lawyer in Indianapolis, Indiana. We represent clients throughout the state, as well as Indiana residents injured in other states and residents of other states injured here in Indiana.

Are Dog Bite Claims Covered Under Homeowners’ Insurance?

Posted on February 1, 2019 by admin

The Centers for Disease Control (CDC) reports that more than 4.5 million dog bite accidents occur in the United States every year. They also report that an average of 800,000 of those incidents require medical attention, most of which are children between the ages of 5 and 9 years old. When a dog attacks or bites a person, the question of liability is bound to come up, especially when medical care is needed.

That is because there are several economic and non-economic damages that dog bite victims might incur, including hospital bills, medical expenses, lost wages, pain, suffering, permanent scarring, PTSD, and more. As a result, victims generally make a personal injury claim for compensation against the dog owner. This leads many dog bite owners to wonder, “Will my insurance cover this? Or do I have to pay for this out-of-pocket?”

Continue reading to learn the key facts regarding dog bite liability laws, including whether or not homeowners’ insurance policies cover the damages and losses that result from a dog bite accident.

Indianapolis Dog Bite Lawyers 317-881-2700

Dog Bite Statutes

The laws surrounding dog bites and animal attacks vary from state to state, but primarily, there are two kinds of statutes that govern such cases: strict liability and standard rule of negligence. Under the principle of standard rule of negligence, if a dog owner was aware of their pet’s potential for aggression or danger, then they are liable for any damages and losses caused by a dog bite. This is often referred to as the “one bite rule” and is applied in cases in which there was never reason to believe a dog was a danger to anyone. However, case law on this topic is very fact specific.

Other states operate on strict liability, which holds a dog owner fully responsible for all damage and losses caused by their dog biting someone, even if the dog has never acted aggressively or attacked before. Under strict liability, circumstances like trespassing and provocation do not usually influence or relieve a dog owner’s liability. There are some states that do not apply any laws to dog bite attacks, and leave all burden of proof on the plaintiff party. To learn your states’ dog bite liability laws, consult with an experienced personal injury lawyer who specializes in such cases.

Indiana Dog Bite Liability

Here in Indiana, we use “strict liability” in dog bite and attack cases in certain cases and a negligence standard in other cases.

Homeowners’ Insurance Coverage

Whether or not a dog bite owner is covered in the case of a dog bite or attack depends on various factors, including the type of insurance they have and their dog’s breed. Homeowners’ insurance policies, as well as renters’ insurance policies, typically cover dog bite liability legal expenses, but only up to a certain amount. In the average policy, the legal liability limit can range from $100,000 to $300,000. But if the claim expenses exceed a dog owner’s liability limit on their insurance policy, they have to pay the remainder themselves.

In contrast, some insurance policies will not insure homeowners who have a breed of dogs that is innately prone to aggression or danger, such as German Shepherds, Doberman Pincers, Dalmatians, Great Danes, Rottweilers, Pitt Bulls, and similarly categorized species. For those who are insured, they can expect their premiums may increase after their dog attacks someone.

How to Make a Dog Bite Claim in Indiana

Indianapolis Personal Injury Lawyers 317-881-2700

If you or someone you love is a recent victim of a dog bite or attack, contact an Indiana dog bite attorney as soon as possible to learn your rights. You may be entitled to compensation for your damages and losses. Act fast before your state’s statutes of limitations runs outs. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation to discuss your workplace accident with an experienced Indiana dog bite lawyer you can trust. Not only does our law firm offer free consultations, we never collect lawyer fees unless we recover a settlement for you.

Am I Liable if My Dog Bites Someone?

Posted on May 22, 2018 by admin

If your pooch bites another person or animal, you could be held liable for the damages and losses caused by the accident. Continue reading to learn more about dog bite liability in Indiana, and who to talk to if you were recently injured in a dog attack.

Indianapolis Dog Bite Lawyers 317-881-2700

Dog is “man’s best friend”; however, they are still animals, and real-life descendants of wild animals. This means that their behavior can be defensive and unpredictable at times. Even if your dog is well-behaved and has never bitten anyone before, they can still be capable of an attack, especially if they are provoked, frightened, or under certain duress.

As a dog owner, it is important to fully-understand your responsibility to prevent your pet from harming others. If your dog does cause injury to another person or pet, you could be faced with a personal injury claim or lawsuit; and if you do not have the proper insurance coverage, you could be forced to pay the settlement out of your personal funds.

State Liability Laws

Although they differ from state to state, most have established regulations and protocols pertaining to pet owner liability and dog attacks. A person’s liability as a pet owner will differ from case to case depending on many factors, including where they live and where the attack occurred. Overall, there are three fundamental types of legal principles that states have adopted to use in such cases. These include strict liability, one bite rule, and negligence.

Strict Liability – States like Michigan, New Jersey, and California follow the strict liability principle. This means that dog owners are 100% liable for any injuries, losses, and damages caused by their pet. There are virtually no exceptions to this rule, even if a dog has never attacked before and the pet owner took precautions to prevent attacks (fencing, gates, electric collars, warning signs, etc.). The only exceptions are circumstances of intrusion, provocation, or abuse.

One Dog Bite Rule – States like New York, Georgia, and Texas follow the “one dog bite” rule. This rule decrees that dog owners may not be fully-liable for injuries or damages caused by their dog if it was the first time their dog has ever bitten, and there was no reason to suspect that their dog was unsafe or aggressive. It is like a one-time “get out of jail free” card for a pet owner. However, there are many variables that influence a person’s liability under these circumstances, so they differ greatly from case to case. For instance, one exception to this rule could be if a pet owner was somehow negligent in connection to the attack.

Negligence – Every state has negligence laws that pertain to a person’s liability in the case that they cause harm to another person. If a person was negligent in some way, and as a result a person is injured, they can be held liable for any damages and losses caused by the accident. This can apply to dog bite attacks if a pet owner’s negligence gives their dog an opportunity to injure another person. For example, not adhering to local leash laws or failing to maintain the integrity of property fencing. Again, these cases vary greatly from state to state, and depend on a wide range of factors.

Indiana is a “One Dog Bite” State

In Indiana, the law follows a “one dog bite” rule, as well as a negligence rule. Under the first principle, dog owners may not be liable for any injuries, losses, and damages caused by their pet if there is no history of dog bites or attacks. However, if a pet owner exhibits negligence, and as a result, their dog bites someone, they could be held “strictly liable” for all the damages and losses incurred to the dog bite victim as a result of the accident, regardless if it was the first time the dog has ever bitten.

The Indiana Code 15-20-1-3 dictates that no matter what a dog’s history is, if it attacks or bites someone, the owner of the dog is entirely responsible for the accident, as well as, liable for the injured person’s losses and damages.

Were You a Recent Dog Bite Victim?

If you were recently attacked or bitten by a dog, contact a licensed Indianapolis personal injury lawyer right away. In Indiana, victims of personal injury accidents have two years from the time of the accident to legally make a claim and have a court hear their case. Be sure to act within this time-frame in order to recover the full and fair compensation you deserve.

What to Do After a Dog Attack:

➀ Obtain medical treatment for wounds.
➁ Get the names and contact information of the dog’s owners.
➂ Call the police and file a report.
➃ Decide if you need to seek mental health care for trauma.
➄ Call an Indianapolis personal injury law firm for legal representation.

Who to Trust With Your Dog Bite Claim

Personal Injury Law Firm
317-881-2700

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a dog bite personal injury claim in Indiana. Our seasoned Indianapolis personal injury lawyers are eager to recover the full and fair compensation you deserve. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you!

Advice for Victims of Dog Bites and Animal Attacks

Posted on December 15, 2015 by admin

Here is the scenario: a dog, or other seemingly domesticated pet or animal, jumps and attacks you while on your morning jog, foot-commute to work, or stroll through the park. What do you do? There are several ways to approach this situation; a crucial action that cannot be carried out incorrectly, otherwise you can lose the opportunity to gain the legal recompense you deserve for your injuries.

If you have been attacked by a dog and have suffered emotional or physical wounds then be sure you know which steps to make next. Continue reading and learn how to get your medical expenses and more covered with the help of professional legal counsel.

Call 317-881-2700 When You Need a Dog Attack Lawyer in Indiana

What to Do After a Dog Attack

A dog attack can be traumatic and change a person’s life forever. Also, in most cases, owners of vicious or uncontrollable dogs are aware that their pet is a danger; yet they still do not take proper precautions to restrain their dogs for the sake and safety of others. This is why it is important to take action against these types of irresponsible or lethargic pet owners. An aggressive dog that attacks a person has most likely attacked a person or other animal before. If not, they are most likely to certainly attack again. It is better to remove these types of threats from the streets and walkways of our communities.

If you have been attacked by a dog, and bitten, here is what to do next or immediately:

1. Obtain Medical Treatment for Wounds
2. Get the Names and Contact Information of the Dog’s Owners
3. Call the Police and File a Report
4. Decide if You Need to Seek Mental Health Care for Trauma
5. Call a Personal Injury Law Office for Legal Representation

Why Hire an Attorney For Your Dog Attack Claim?

These are the appropriate steps to take in order to get to the bottom of who’s responsible for the dog attack and more. An attorney can professional identify whether or not the dog was provoked, insurance coverage and premise liability limitations of the owners, owners’ responsibility, and more. They are highly trained and experienced to represent dog bite victims. Using proper legal counsel can get the recompense for medical bills, time of work, emotional trauma, and more.

Animal attack cases can be very complex; which is why a police report and legal counsel are highly recommended. This is for your own protection. Dog bites hurt and can cause significant damage to someone’s physical and mental well-being. Take action and do what’s right. Make sure this dog doesn’t attack or hurt another person ever again; especially a young and innocent child.

Craven, Hoover, and Blazek P.C.

For more information about dog bite claims and animal attack cases in Indianapolis, call Craven, Hoover, and Blazek P.C. at 317-881-2770 today. We offer free initial consultations and never collect attorney fees unless we recover for you. Get the legal representation you require for obtaining compensation following a wrongful dog bite or animal attack in Indianapolis, IN.

A Brief Review of Indiana’s Personal Injury Laws

Posted on October 1, 2015 by admin

Indianapolis Accident Lawyers 317-881-2700

In terms of personal injury, Indiana has its own set of ordinances that surround the civil legal process and more. This includes time limits for filing lawsuits, government claims, compensation caps, liability, and more. Most of these basic personal injury laws will become relevant at some point, either during court trials or negotiations with insurance companies.

If recently injured and considering a claim against a negligent party, it is wise to familiarize yourself with these personal injury law basics so that you are better prepared to discuss your case with a trusted accident lawyer. Continue reading to review some basic principles surrounding personal injury law, as well as, some fundamental laws and ordinances specific to Indiana jurisdiction.

Statute of Limitations

When a person is wrongfully injured and wishes to pursue a claim against the at-fault party, they cannot wait too long. All states have a set time limit to file a civil lawsuit, all of which vary depending on the type of case. As for Indiana personal injury lawsuits, a person has two years from the date of the accident to legally file a suit. Once two years has come and gone, a personal injury victim loses all opportunity to pursue compensation for their damages. This time limit decreases for other types of claims. For claims against a city or county, a personal injury victim only has 180 days to file a lawsuit. And for claims against an Indiana state government agency, victims have 270 days from the time of the accident.

Liability

Indiana uses “comparative fault” for some personal injury claims. This means a victim can be found partially at-fault for their accident and subsequent damages, thus reducing the opposing party’s liability. It also reduces the total amount of compensation awarded. For example, if a person is hit by a car while crossing the street, but they were not using a designated crosswalk, a court might find them 20% at-fault and the driver 80% at-fault. And the math for compensation would continue from there.

Car Accident Claims

In Indiana, a car accident victim has several options in terms of collecting compensation for their damages. They can choose to file with their own car insurance carrier, the other driver’s car insurance carrier (third party claim), or take the case to court to prove fault and collect compensation for damages.

Dog Bite Claims

Many states follow a “one bite rule” regarding dog bites and injuries. This means a dog owner, to some degree, is protected from liability the first time their dog injuries another person, if their history does not show aggression or past attacks. But Indiana does not use this rule; instead, they use “strict liability” meaning a dog owner is strictly liable no matter what their dog’s behavioral history looks like.

Compensation Caps

In Indiana, there are certain limits to how much compensation can be collected on specific types of cases. For example, medical malpractice lawsuits had a cap of $500,000 for non-economic damages, while government payouts capped out at five million. These compensation caps have been updated since 2012, and may currently abolished. Talk to your personal injury lawyer for current state cap limitations.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned litigators with decades of trial experience. Our personal injury law firm fights hard for our client’s right to full and fair compensation. We are not afraid to go the extra mile for our client’s well-being and future! Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury lawyer in Indianapolis, and never pay attorney fees unless we win your case.