What to Do When Man’s Best Friend Bites

Being attacked by a dog can be absolutely terrifying, and you’ll want to do anything you can to ensure that the dog doesn’t bite another person it comes into contact with.

One course of action you can take is to bring a dog bite claim against the owner of the dog so that you can both hold the dog’s owner accountable for losing control of their pet, and recover the compensation you need to cover every single loss you endured. Below, we examine New York City’s dog bite law in greater detail.

Strict Liability in New York

The law in New York is quite clear: if a dog bites another person, that dog’s owner will be held responsible for any damages that the victim suffers. Many dog owners believe that if their pet hasn’t shown a propensity for violence or aggression in the past, that they can be given another chance. Unfortunately for dog owners, this isn’t the case in New York City.

It doesn’t matter if the dog has never bitten someone before, or if the dog has attacked in the past. The fact of the matter is that it is the responsibility of the dog’s owner to have them under control at all times, no matter what.

When you suffer an injury after being bitten by a dog, you can bring the dog’s owner to court and sue them for the compensation you need to cover your medical expenses, lost wages, property damages, pain and suffering, emotional distress, loss of enjoyment of life, and other damages that may apply to your case.

You can review the different ways your life has been impacted by your injuries with your attorney to ensure that no loss goes unaccounted for when your lawyer is calculating how much your claim is actually worth.

Exceptions to the Dog Bite Law

While New York follows a strict liability dog bite law, there are a couple of exceptions to the rule, and you can be sure that the defense is going to utilize one or both of them to defend their case. If you were not an invited guest on the dog owner’s property, and you were trespassing at the time you were attacked, it is not reasonable to think that the dog’s owner should compensate you for trespassing.

Likewise, if you provoked the dog to be aggressive or violent then the dog owner will not be compelled to repay you for the damage their dog caused. Provocation might include abuse, poking, taunting, yelling, or otherwise egging the dog on to get a reaction out of him or her.

Your lawyer will fully examine the details of your case to determine whether or not either of these defenses have a chance of being successful when you go to court.

Claim Your Free Case Review Today

If you aren’t sure what you should do after being bitten by a dog, you can reach out to an experienced New York City injury lawyer and schedule a free personal injury consultation where you can see what your next steps will be if you choose to bring a claim against the owner of the dog that bit you.

How to Recover Personal Injury Damages without Going to Court

Whether you’ve been bitten by a dog, sidelined by a falling branch or devastated by a recent car crash, getting compensation for your pain, suffering and losses is a very important part of your recovery. The truth of the matter, however, is that most injury victims don’t have the energy, time, peace of mind or even the physical ability to prepare for major court cases. Luckily, there are plenty of ways to settle a claim and get the compensation you deserve without having to take your case before a judge. Following is everything that you need to know about how to recover personal injury damages without going to court.

Get the Right Attorney for Your Case

Unless you’ve been in a debilitating, disfiguring or otherwise life-altering event, most insurance companies will be reticent to pay the high costs of going to court. This remains true even though these entities are backed by major and well-known law firms and have far more money at their disposal for legal battles than do most claimants. It is generally cheaper for insurers to settle outside of court by assessing the details of individual cases, negotiating with claimant attorneys, and paying out damages according to the current standards for specific injuries and events. It is also undeniably cheaper for claimants as well.

However, you still have to align yourself with a Manhattan personal injury attorney in order to successfully see your claim through. This professional will have a far better ability to assign a reasonable dollar amount to your damages and losses. Your attorney will also be better prepared for dealing with the savvy negotiation tactics of seasoned insurance adjusters.

Seek Medical Help Right Away

To get a settlement for legal injuries, especially if you want to avoid having to see the inside of a courtroom, make haste and see a doctor as soon as you possibly can. Having a medical professional document your injuries validates them in a way that your complaints of pain and distress cannot. In fact, claimants are legally entitled to seek different types of medical care as needed.

For instance, if a trip to the emergency room and a prescription, muscle relaxer haven’t alleviated your pain, consider working with a chiropractor or physical therapist to identify the root of your musculoskeletal injuries and have them resolved. Not only is this a great way to expedite your recovery, but it also bolsters your case. When multiple medical professionals are all in agreement about the damages that you have sustained, insurance companies will have little ground to argue on. A good attorney can assist you in collecting proper documentation of your injuries and sharing this documentation with the responsible party’s attorney.

Collect Evidence

In the age of smartphones and other mobile, camera-bearing devices, it’s wise to snap as many photographs of the accident scene and your injuries as you can. Creating a veritable photo-journal that details how your injuries were sustained, the conditions of the environment, and the people around you is also an excellent way to build your case. The more evidence that you’re able to collect, the less likely insurers are to take your case to trial.

Never Admit Fault

Even though you might be dazed and disoriented after an injury event, always be sure to hold your tongue. In fact, you want to have your attorney speak on your behalf as much as you possibly can. You never want to make any verbal admission of fault or make any other statements that might muddle your claim. If you’re ever caught on record saying that you might be responsible for the damages that you’ve sustained, you may find yourself having to go to court in order to get the compensation you need and deserve.

 

Sources:

https://www.nytimes.com/2008/08/08/business/08law.html

https://www.huffingtonpost.com/entry/avoid-these-4-common-mistakes-after-a-personal-injury_us_57a4de7ae4b0ccb0237236b1

Can I be Fired for a DWI?

Employers have a large degree of control over who they will hire, fire, and retain. For example, they can terminate an employee if he is not performing up to a certain standard or is causing some type of damage to the business. They can also fire some due to a criminal conviction, including DWI, or “Driving While Intoxicated.” This is a serious offense in Texas, and in most other states in the country. Drunk driving laws have been passed to discourage the behavior. The specifics vary from state to state, and Texas has its own set of rules for dealing with erring motorists.

Intoxication

Alcohol is frowned upon by driving laws because it causes impairment. The effects will depend on a person’s tolerance, weight, age, gender, and amount of alcohol consumed. Small persons tend to be more greatly affected than others. Some can feel changes with as little as one bottle of beer. They may feel dizzy and become off-balanced. Their decision-making could be impaired and their ability to react to situations will be slower than usual. They will have reduced control over their own body, which in turn makes it difficult to operate vehicles. Legal intoxication is defined as 0.08 blood alcohol concentration or higher. An arrest can also be made even if the BAC is lower as long as the individual shows signs of intoxication.

DWI with a Child Passenger

The laws are there to protect people, especially the most vulnerable among us. They are particularly harsh on drivers who are found to be intoxicated while having a child as a passenger. Simply put, they are putting the life of the child in danger because of their behavior. Those who are charged with DWI with a child passenger may be punished with a fine of up to $10,000. They could also face a maximum jail sentence of two years. Their driver’s license may also be suspended for up to 180 days or 6 months.

Escalating Penalties for Each Offense

As for regular DWI cases, the penalties will depend on the number of offenses on record. First offenders tend to be treated lightly but they could potentially ace harsh punishments as well. The fine can reach $2,000 while jail time can vary from 3 days to 180 days. The driver’s license can be suspended for a whole year. There might be an annual fee to retain the license for 3 years. After the second offense, the fine can reach $4,000 and license suspension can be as long as 2 years. After the third offense, the fine reaches a maximum of $10,000 and jail time can extend up to 10 years.

Gentle Reminders

If you have ever wondered, “Can I be fired for a DWI?”, the answer is that yes, it can happen. Prevent this by being a responsible driver. Do not attempt to go behind the wheel if you have consumed alcohol. Let others drive for you. Better yet, avoid alcohol completely if you know that you will need to drive later. In case you do get in trouble for intoxication, call a DWI attorney in Tarrant County for help. Lawyers will try to find ways to reduce the penalties or get the charges dismissed completely. With their assistance, you may be able to evade conviction and keep your record clean.

 

LINKS:

https://en.wikipedia.org/wiki/Driving_under_the_influence

https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html