If You Are The Victim Of A Dog Bite Or Any Other Animal Attack
In New Jersey, You Need To Know Your Rights
by: Tony Merlino
Dog Bites /Animal Attack - Overview
In New Jersey there are thousands of people bitten by animals every single
year. Dogs are responsible for most attacks that result in injury. In nearly all
cases, in New Jersey, a person bitten by an animal has a legal right to recover
damages.
Usually it is from the animal's owner, however there are others that may be
found equally accountable.
What To Do If You Have Been Bitten
Seek medical attention immediately. Dog bites can cause serious injury,
especially if the skin has been broken. An untreated animal bite can quickly
cause severe infection if the animal was carrying disease.
I'm assuming you have already received medical attention. If not, do it now.
Then, it would be wise to think about consulting with an attorney to discover
the best course of action.
At this point you will need to determine two things.
1. Do you have a legal claim?
And
2. What damages are you able to recover as a result of your injury?
Your Case Evaluation
To determine whether you have a claim, our New Jersey dog bite lawyers
consider whether the animal's owner was negligent and indirectly caused your
injury.
How Much Compensation Can You Expect?
The circumstances surrounding the attack are obviously different in every
case. It is therefore important to accurately determine who is responsible for
an animal bite.
This is why it is essential for you to speak with a lawyer in order to
determine the severity of the attack. The amount of compensation you receive
will be determined largely by which parties are responsible and the resources
available to cover your damages.
You may be entitled to compensation for a variety of different reasons. For
instance:
Medical Bills · Pain and Suffering · Lost Wages · Mental Anguish · Emotional
Distress · Psychological Injuries · Disfigurement and many more!
There have been cases where the victim is awarded punitive damages in order
to actually punish an animal owner for reckless or intentional behavior.
For instance, a case where the owner is fully aware of an aggressive animals
behavior and recklessly allows the animal run loose demonstrating total
disregard for the welfare of others.
Should This Case Be Pursued? and Is It Worth The Time And Effort?
Let's face it. Lawsuits are expensive, time consuming and require a
tremendous amount of effort. Unlike other forms of personal injury cases in New
Jersey, animal bites are fairly straightforward.
New Jersey is a " Strict Liability State." What does this mean to you if you
are a victim?
It means the owner "shall be liable."
That is a direct quote from the New Jersey State Statute 4:19-16.and leaves
little room for interpretation.
Notice the statute did not say, "could be", "might be" or "should be." It is
emphatic. It says, "SHALL BE LIABLE."
It is even unnecessary to prove the owner negligent. If the dog bites in New
Jersey, the owner is flat out liable.
How much compensation you receive is largely dependant upon the severity of
the injury and even more importantly how articulately your attorney approaches
and presents the case.
There are however a few circumstances where the owner of the animal is not
liable. For instance, if the dog was intentionally provoked, taunted or teased
causing an attack or bite.
Another possible reason an owner will not be found culpable is that the
incident occurred while the victim was trespassing on a properly posted
property.
In the "perfect world" any amount of injury caused by an animal deserves to
be addressed. However, in the "real world" you and your attorney must decide if
the claim will actually result in a favorable outcome.
At the end of the day, does it have sufficient value? Is it worth suing a
family member, friend or neighbor, considering the social ramifications?
This is a question that can only be answered by careful evaluation and is one
of the first things you should consider and discuss with your attorney.
Be sure your attorney is expert at uncovering possible sources of
compensation for animal attacks that you may never have considered.
About The Author
Tony Merlino is webmaster and legal marketing consultant at
http://www.JerseyJustice.com, a legal information and marketing portal
for clients and their lawyers in New Jersey. |
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