West Virginia Dog Bite Lawyer

Dogs attack millions of people around the country every year. According to the American Veterinary Medical Association, one out of five victims must seek medical treatment for serious dog bite injuries. When a dog attack results in severe damages, pursuing compensation from the dog owner for the losses sustained becomes essential. A dedicated West Virginia dog bite lawyer helps victims of dog attacks maneuver the complex legal process of settlement and/or litigation to recover the compensation they deserve. Furthermore, in the event that a dog attack has caused the fatality of your loved one, they will pursue a wrongful death claim on your behalf.

West Virginia Dog Bite Laws

West Virginia Codes §19-20-20 and §19-20-21 prohibit the keeping of vicious or dangerous dogs that are not specially licensed and secured. Even if an aggressive canine is properly licensed, the owner is still liable in a personal injury or wrongful death lawsuit related to dog bites and attacks.

On the same note, West Virginia is a limited strict liability state on dog bite rules, meaning that in most cases, you do not have to prove the dog owner’s negligence to receive compensation. Under this rule, dog owners are expected to assume responsibility for their animal’s aggression against other people.

However, there is a very critical exception to this rule. West Virginia’s “One Bite Rule” may take effect under certain circumstances. For instance, if the dog was properly leashed when it attacked you and the owner did not have prior knowledge of the dog’s aggressive behavior, you have the burden of proof to demonstrate the owner’s negligence. Otherwise, the animal and its owner are excused for its first attack.

Steps to Take Following a Dog Bite

After a dog attack, you need to prioritize your health and take the necessary steps to protect your rights. Here is what you need to do:

1. Call the police. After the attack, you should call the police and report the incident. If you are seriously injured, you should call 911 and request an ambulance.
2. Document everything. You should take photos of the accident scene and your injuries. If you can, take photos of the dog that attacked you. If the owner is present, ask for the dog’s name and note its gender, markings, breed, size, and other details that might help you identify it later.
3. See a doctor. Even if your injuries do not require a visit to the emergency room, ensure you clean your wounds thoroughly and seek immediate medical treatment Failure to Get Immediate Medical Treatment after the attack examination and treatment. Not only is this crucial in preventing infection, but your medical records will be admissible as evidence.
4. Get details of the dog owner. Talk to the dog owner or witnesses who can provide you with the owner’s name and contact information.
5. Obtain witness contact information. If people have witnessed the attack, you should ask them for their contact information. Their accident account can help strengthen your case.
6. File a report with animal control. Be sure to visit your local animal control agency and file a statement of the attack. They may have records of previous incidents of aggression.

Types of Compensation Available for Dog Bite Claims

If your dog bite merits compensation, the types of payment available include:

• Medical bills. You may claim compensation for all current and future medical expenses. This includes doctor’s fees, medication, hospital bills, therapy costs, etc.
• Lost wages. If the injuries keep you away from work, you could be entitled to damages for the lost wages.
• Pain and suffering. You may also qualify for pain and suffering damages for your physical pain, emotional distress, trauma, depression, etc.