Dog Bites

Dog bite incidents can profoundly impact your life, leading to more than physical injuries and also affecting your emotional well-being and financial stability. Washington state law provides legal protections for those who have suffered from such attacks, but understanding the legalities can be challenging. Our firm has extensive experience handling dog bite cases, from negotiating with insurance companies to litigating claims in court. Personal injury attorneys in Olympia, WA understand the nuances of Washington’s statutes and how they apply to your unique situation. Our approach at Putnam Lieb combines thorough legal knowledge with a commitment to personalized client care, ensuring your case receives the attention it deserves.

Washington’s Unique Dog Bite Laws

Every state has unique dog bite laws, and knowing the differences is important. Washington state follows a strict liability rule for dog bites, which is more favorable to the harmed individual than many other states. According to RCW 16.08.040, dog owners are responsible for any damages caused by their dog’s bite, irrespective of the dog’s prior behavior or the owner’s knowledge of its aggression.

The key aspects of Washington’s dog bite law include:

• The law applies to any location, whether public or private.
• You must have been in a public place or lawfully in a private place.
• The law covers any injury caused by a dog bite, not just severe bites.
• There is no “one free bite” rule in Washington.

This strict liability rule simplifies compensation, but cases can still be complex. This is particularly true when dealing with insurance companies or if there are disputes about the circumstances of the bite.

It is important to note that Washington’s dog bite statute only applies to injuries caused by dog bites. If a dog causes injury in another way, such as knocking someone down, the case would fall under general negligence laws. In these situations, you must prove that the dog owner was negligent in controlling their animal.

Common Injuries from Dog Bites

Dog bites can result in various injuries, some of which may have long-lasting effects. The severity of these injuries can vary greatly, from minor cuts to life-threatening wounds. Some of the most common injuries include:

Puncture wounds and lacerations

These are often the most immediate and visible injuries from a dog bite. Depending on the size and strength of the dog, these wounds can be deep and may require stitches or even reconstructive surgery.

Infections

Dog bites can sometimes introduce harmful bacteria, causing infections like cellulitis, tetanus, or rabies. This is why immediate medical attention is vital, even for minor bites.

Nerve damage

Deep bites can cause damage to nerves. If this happens, you can lose sensation or function in the affected area. This type of injury can have long-term consequences and may require extensive rehabilitation.

Scarring and disfigurement

Severe dog bites can leave permanent scars, which can be particularly distressing if they occur on visible areas like the face or hands. In some cases, plastic surgery may be needed to minimize scarring.

Broken bones

Fractures can occur, particularly in attacks involving large dogs or when you fall during the dog attack. Children are especially vulnerable to this type of injury due to their smaller size.

Emotional trauma and PTSD

Some people often experience significant psychological trauma. This can manifest as fear of dogs, anxiety, depression, or even post-traumatic stress disorder (PTSD).

Regardless of the severity, you should always seek medical attention immediately after a dog bite. This ensures proper treatment, prevents complications, and documents the injury for potential legal claims.

The Legal Process for Dog Bite Claims in Washington

When pursuing a dog bite claim in Washington, it is essential to understand the legal process and what to expect from your lawyer and case. While every case is unique, most follow a similar general pattern:

• Initial consultation: The process typically begins with a consultation with a personal injury lawyer. During this meeting, you will discuss the details of the incident, your injuries, and the potential strength of your case. The lawyer will explain your rights under Washington law and outline the next steps.
• Investigation: If you decide to proceed with the claim, your lawyer will thoroughly investigate. This may involve gathering medical records, obtaining police or animal control reports, interviewing witnesses, and collecting any available photographic or video evidence.
• Demand letter: Once the investigation is complete and you have reached maximum medical improvement (or your long-term prognosis is clear), your lawyer will typically send a demand letter to the dog owner’s insurance company. This letter outlines your case, details your injuries and losses, and demands specific compensation.
• Negotiation: The insurance company will often review the demand letter and respond with a counteroffer. Your lawyer will negotiate on your behalf to secure a fair settlement covering all your damages.
• Filing a lawsuit: If a reasonable settlement cannot be achieved through negotiation, your lawyer may recommend filing a lawsuit. This involves preparing and filing a complaint with the appropriate court, and officially initiating the legal proceedings.
• Discovery: During the discovery phase, each party will exchange information and evidence related to the case. This could include written questions (interrogatories), document requests, and depositions (sworn out-of-court testimony).
• Mediation or arbitration: Many courts require parties to attempt to resolve their dispute through mediation or arbitration before going to trial. These are forms of alternative dispute resolution where a neutral third party helps facilitate a settlement.
• Trial: If all other attempts at resolution fail, the case will go to trial. Your lawyer will present your case to a judge or jury, who will decide on liability and damages.

Throughout this process, your lawyer will guide you, handle communications with the other party and their insurance company, and advocate for your best interests.

Compensation in Dog Bite Cases

Dog bites in Washington may lead to various forms of compensation, known as damages. These damages are intended to make you “whole” again, to the extent possible, by providing financial compensation for their losses. The types of damages available in dog bite cases include:

• Medical expenses: This covers all costs related to treating the dog bite, including emergency room visits, surgeries, medications, physical therapy, and any future medical care that may be required.
• Lost wages: If you had to miss work due to their injuries, they can claim compensation for lost income.
• Loss of earning capacity: In cases of severe injuries that affect your ability to work in the future, compensation may be available for the reduction in earning potential.
• Property damage: If any personal property was damaged during the dog attack (e.g., clothing, jewelry), the cost of repair or replacement can be claimed.
• Emotional distress: Dog bites can cause significant psychological trauma, and you can seek compensation for anxiety, depression, PTSD, and other mental health issues resulting from the attack.
• Pain and suffering: This compensates for discomfort and physical pain because of the injuries.
• Loss of enjoyment of life: If the injuries prevent you from engaging in activities you previously enjoyed, you may be entitled to compensation for this loss.
• Scarring and disfigurement: Permanent scars or disfigurement can significantly impact a person’s life, and additional compensation may be awarded in these cases.

Punitive damages may be available in some rare cases involving extremely reckless or intentional behavior. However, these are not common in dog bite cases and are generally not allowed under Washington law unless specifically authorized by statute.

The specific amount of compensation will depend on various factors, including the severity of the injuries, long-term impacts, and the circumstances of the incident. An experienced dog bite lawyer can help evaluate your case and determine a fair value for your claim.

The Role of a Dog Bite Lawyer

A dog bite lawyer in Washington can be invaluable in helping you through the steps of your legal process and secure potential compensation. Here are some of the key ways a lawyer can assist:

Case Evaluation: An attorney will review the details of your case, assess its strength, and advise you on the best course of action. They will help you understand your rights under Washington law and the potential value of your claim.

Evidence Gathering: Your lawyer will help collect and preserve crucial evidence to support your case. This may include:

• Medical records and bills
• Witness statements
• Animal control reports
• Photo evidence of your injuries and the location of the incident
• Expert testimony, if necessary

Negotiation with Insurance Companies: Insurance companies may try to minimize payouts or deny claims altogether. All communication with the insurance company will be handled by your attorney, who will advocate for your rights and pursue potential fair compensation.

Legal Strategy Development

Based on the specifics of your case, your lawyer will develop a comprehensive legal strategy. This may involve determining which legal theories to pursue, what evidence to present, and how to counter potential defenses.

Litigation

Your lawyer will be prepared to escalate to court if a fair settlement cannot be achieved through negotiation. They will file the necessary legal documents, represent you in court proceedings, and present a compelling case to a judge or jury. This includes:

• Filing the complaint and other court documents
• Representing you during pretrial procedures
• Presenting opening and closing arguments
• Examining and cross-examining witnesses
• Presenting evidence effectively

Maximizing Compensation

An experienced dog bite lawyer will work to ensure that all potential areas of compensation are explored. They will consider current medical bills and lost wages, future medical needs, long-term impacts on earning capacity, and non-economic damages like pain and suffering.

Handling Complex Legal Issues

Dog bite cases can involve complex legal issues, especially if there are questions about liability or multiple parties are involved. Our attorneys can navigate these complexities and protect your interests.

Statute of Limitations and Other Legal Considerations

In Washington state, the statute of limitations for filing a dog bite lawsuit is generally three years from the date of the incident. This means that if you do not file your lawsuit within three years, you may lose your right to seek compensation through the courts.

However, there are some exceptions to this rule, particularly for minors. If someone was under 18 during the dog bite, the statute of limitations does not begin to run until they turn 18. This means a minor has until their 21st birthday to file a lawsuit, regardless of when the bite occurred.

It is important to consult with a dog bite lawyer as soon as possible after the incident. Even if you are well within the statute of limitations, delays in seeking legal help can make it more difficult to gather evidence and build a strong case.

Other Important Legal Considerations

When you are going through a legal case, you want to make sure you understand all the legalities possible.

Comparative negligence

 Washington follows a pure comparative negligence rule. This implies that if you hold partial fault for the incident, their compensation may be reduced by their percentage of fault. For example, if you are found to be 20% at fault and their total damages are $100,000, they would only be able to recover $80,000.

Provocation

If you provoked the dog, this could be used as a defense by the dog owner. However, the definition of provocation can be complex, especially when it comes to children who may not understand the consequences of their actions.

Local ordinances

Besides state laws, many cities and counties in Washington have their own ordinances regarding dog ownership and liability. These local laws can sometimes impact dog bite cases and should be considered.

An experienced dog bite lawyer will be familiar with these and other legal nuances and can help you navigate them effectively.

Get Legal Representation From an Olympia, WA Dog Bite Attorney

Getting bitten by a dog can result in an entire host of issues. When you have Putnam Lieb by your side, you can know which step to take next, as it’s not always easy to know which way to turn in a case like this. Contact us today to get started with a free, no-obligation consultation.