Seeking Compensation for a Dog Bite Incident In Indiana: What You Need to Know

Despite being man’s best friend, dog bites can cause minor to severe injuries. Fortunately, dog bite victims can often seek compensation for damages sustained from such incidents.  However, the law is delicate regarding what you can claim compensation for. As a claimant, you are continually subject to strict proof to show liability or negligence on the dog owner’s part.

Read below to understand how to go about your dog bite lawsuit and what you must prove to get compensation. In Indiana, the law around dog bites can be quite confusing for a layman to grasp. Speaking to attorney Steve Fleschner of Fleschner, Stark, Tanoos & Newlin at this time can provide much-needed legal assistance. 

What Do You Need to Prove?

Each state has different requirements on what claimants must prove to win a dog-bite lawsuit. The main difference is whether your state follows strict liability or one-bite rules.

One-Bite States

Some states are one-bite states, where one person solely needs to prove that the owner knew or should have known their dog was dangerous to win damages for a dog bite claim. 

Here are the factors that can influence your case in one-bite states: 

• If the dog has bitten another person before
• Aggressive behavior (i.e., the dog chases people in the neighborhood)
• There are several complaints about the dog from other individuals
• If the dog is always fighting with other dogs

It is important to note that you can still win damages even without evidence of prior aggressive behavior by proving the dog’s owner was negligent in handling or failing to restrain the dog, hence using your injury as a clear example. 

Strict Liability States

In strict liability states such as Indiana, dog owners are liable for any injuries caused by their furry pets. Owners in these jurisdictions are held to a higher standard regarding their pets’ behavior. Under Indiana law, owners are held liable for their pets. 

Who Should You Sue?

In most cases, you’ll file a suit against the dog owner, who is likely to have some insurance intended for such situations. However, it’s better to talk to a qualified personal injury attorney before initiating the claim. These professionals will offer strategic counsel on your case’s do’s and don’ts and legal representation as you recover from your injuries. They can even guide you on whether you should sue or not, depending on the severity of the matter and if it is worth it or not. 

Fair Compensation in Dog Bite Accidents

The physical consequences of a dog bite can range from minor scratches to deep bites that require elaborate medical care. However, compensation for these incidents transcends physical wounds. 

You can be compensated for pain and suffering as well as emotional distress which may have resulted from the injury. The compensation amount is usually enough to cover costs for lost wages, as well as medical expenses. However, in some cases, lawyers will review the case and try to get compensation for a smattering of other purposes as well. A lawyer’s help can get more than ideal compensation for those who have been affected. 

Other damages that dog bite personal injury restitution covers include: 

• Loss of earning capacity 
• Loss of consortium
• Lost wages 

Hire an Attorney

A dog bite incident can be traumatic, leaving you with both physical and emotional scars. Personal injury compensation offers a path to recovery by offering monetary settlement for your damages.  To increase your chances of winning maximum compensation, it’s recommended to work with a qualified personal injury attorney. They can collect, analyze, and interpret evidence, as well as negotiate with the defense for a fair settlement on your behalf. 

Conclusion

Suffering from a dog bite can be quite a harrowing experience. Those who have been victimized need to seek immediate medical attention, inform the pet owner, and speak to an attorney to discuss the best way to move ahead with the case. Either way, knowing and safeguarding your rights during this time is a must. 

Source: Fleshner Law, Indiana