Over 65 million households in the United States own dogs. Unfortunately, not all of these animals are safe. Each year, over four million people are bitten by dogs with nearly one million dog bite victims requiring some type of medical treatment. Some may even suffer serious and permanent injuries that can remain with them for the rest of their lives. South Carolina law makes a dog’s owner legally liable to you when their animal has bitten or attacked you.
However, insurance companies do not make it easy for you to receive this compensation.
Contact the diligent attorneys at Hunter & Everage to learn more about how to pursue full compensation for your dog bite injuries.
Dog Bite Laws in South Carolina and York County
South Carolina law provides for strict liability for the dog’s owner when you have been bitten or attacked by the animal when you are legally present on the property. The state does not use a “one free bite” rule that makes you prove anything about the dog’s history or propensities.
Strict liability means the burden of proof shifts to the dog’s owner to show why they should not be held legally responsible after the animal has attacked you. The animal’s owner can use any one of several defenses, including blaming you for provoking the dog. Nonetheless, strict liability puts you in a very strong position to receive financial compensation for injuries that you suffered from a dog.
York County has leash laws that require a dog to be contained either on private property or on a leash at all times when they are off property. Dog owners can face penalties when they violate these leash laws.
Holding Property Owners Accountable
The dog’s owner has a legal obligation to pay for your damages when their animal has injured you. Dogs are covered under the owner’s homeowners insurance policy. Most often, you file a claim against their insurance policy, dealing with their insurance company to secure financial compensation. You also have the legal option of filing a lawsuit against the dog’s owner in court, which can be pursued when the insurance company either denies your claim or refuses to fully compensate you for your injuries.
The most effective way to hold the dog’s owner accountable is to hire an experienced dog bite injury attorney to fight for you and get top dollar for your claim.
Dog Bite Settlements 101
Insurance companies like to present you with settlement data from dog bite claims filed across the country in an effort to appear transparent. They have an ulterior motive in presenting this data, as they want you to believe that you are receiving a good settlement when you receive what the “average” dog bite claimant has been paid. Ignore these numbers.
Even if the dog owner is strictly liable for the harm their animal caused, you would still need to fight for every dollar you deserve in a settlement agreement. Insurance companies like to pull out all the stops in negotiating with you to minimize what they pay. A settlement agreement is an agreement between two parties, including you. If the insurance company is not offering you enough money, you can reject their offer and continue to negotiate or file a lawsuit in court.
What Factors Affect the Value of Dog Bite Cases in South Carolina?
Dog bite damages can be far more than you think, and you are entitled to be paid for all of your actual financial losses connected with the animal’s bite. In addition, you can be paid for the other effects of the injury. including emotional harm.
Factors that can affect the size of your dog bite settlement or award include:
- Whether you have been left with permanent scarring
- The location of the scarring
- The age of the dog bite victim at the time of the attack
- Whether the victim has been left with emotional scars, including post-traumatic stress disorder
- How much time you have had to miss from work (whether for your injuries or to care for a child)
- Your need for future medical care, including potential reconstructive surgery when you have suffered serious nerve and skin damage
Every dog bite settlement stands on its own so do not pay attention to what people purport to be average because your case is unique.
Parents Can File a Claim on Behalf of an Injured Child
Oftentimes, it is children who suffer the most serious dog bite injuries. Dogs are often angered by the presence of children, whom they view as encroaching on their own space. Further, dogs are more on eye level with a child, meaning they will frequently attack the head, face, and neck.
You can file a personal injury claim for your child. As a parent, it is incumbent upon you to fight for every dollar you can get for your child, knowing they may need this money in the future.
There are special procedures that you would need to follow to file a claim on behalf of a child under South Carolina law.
Call a York County Dog Bite Attorney Today
Hunter & Everage knows insurance companies and how they work. We believe in standing up for people when their interests are threatened by powerful entities, such as insurance companies. Our lawyers do not let process or bureaucracy stand between you and the compensation you deserve. You can initiate the legal process by calling our attorneys today to schedule a free initial consultation. Reach out to us through our website or call us today at 704-377-9157.