April 13, 2020 | Animal Bites, coronavirus, Dog Bites, Personal injury

With the COVID-19 coronavirus pandemic keeping most of us locked down and isolated inside our homes, pet owners have found one bright side: More time to walk their dogs. But does that silver lining bring with it a better chance for a dog bite if you’re out walking too?

Dozens of recent news stories have reported that dog walking has been the one activity keeping people feeling normal in a time of mounting uncertainty. But with more people and more dogs out on the sidewalks and streets, the chance for being bitten is there. This blog will go over what to do if you’re bitten by someone else’s pet and whether you should seek the help of a personal injury lawyer afterward.

Dog Bite Injuries 

Nearly five million people across the U.S. experience a dog bite every year, whether they are attacked by their own pet or someone else’s. While the most common animal bites come from Man’s Best Friend, many other domesticated animals can cause injuries, including cats, guinea pigs, hamsters, rabbits, horses, and livestock. Non-domesticated animals are a risk as well, including birds, rats and mice, snakes, raccoons, squirrels, and opossums. 

You should seek medical attention immediately if any animal bites you. There is no way to know for sure that the animal, domestic or wild, is healthy. What’s more, if you ignore the wound it may get worse. Animal bites can cause infection, illness, scarring, or even death.  Dog bites especially dangerous for children, who assume every animal is friendly and wants to play. A small child’s face is closer to the jaws of a dog or other animal, which makes kids at risk for head and facial injuries stemming from a bite or attack. 

While it’s common practice for homeowner’s insurance to cover expenses stemming from dog bites, insurance typically only pays about 2% of the victim’s medical bills. That is not only unfair – it’s not enough to help ease the financial burden such injuries can cause. 

Call an Omaha Dog Bite Lawyer Now

The Omaha dog bite attorneys at High & Younes can help you navigate your insurance claim and work to protect your rights in any resulting litigation matters related to your injury. Call us today for a free consultation in Nebraska or Iowa at (402) 933-3345 or visit hyattorneys.com. 

A Dog Bit Me: What Should I Do?   

First things first: Get medical help. If no medical help is sought, your injuries could become more severe, and the bite may end up being fatal.

Due to the risk of rabies transmission, the Nebraska Department of Health requires all pets and other animals who bite someone to undergo a quarantine period for at least 10 days for observation. If the animal’s rabies vaccination is expired, or no owner can be located, the animal will be quarantined either at the Nebraska Humane Society or by a licensed veterinarian. The rules are similar in Iowa. 

If the dog or animal is current on vaccinations and the bite is not severe to designate it as “dangerous,” it can be quarantined at home. At the end of 10 days, if the animal is not showing signs of rabies, the animal and bite victim are cleared, and the rabies administrator will contact all parties involved. 

If the pet has been quarantined at the shelter and the bite was not severe enough to designate it as “dangerous,” the pet will be cleared to return home. Agencies like the Humane Society encourage the public to report all bites. This helps to make sure that all precautions are taken for everyone’s safety. Wild animals are sent for immediate rabies testing.

Once testing or quarantine is finished, you will receive a report on the outcome. If the animal cannot be located, your physician can best advise you on steps to take medically. You’ll also want to gather as many witness statements as possible and take down their names, addresses and phone numbers for future reference.

Contact an Omaha Personal Injury Lawyer 

The next step is to contact an Omaha dog bite attorney. Your injury treatment could be costly — in both medical bills and potential time off work while you recover. The personal injury attorneys at High & Younes are here to help you and will fight to ensure you receive the compensation and outcome you deserve while you focus on your recovery. Contact us today for a free consultation at (402) 933-3345 or visit hyattorneys.com. 

Pet Owners’ Liability for Bites and Other Injuries 

In most cases, the pet owner is liable for any injuries the animal caused, especially if they already know the animal is dangerous. This determination can be difficult, however, because unless an animal has already bitten someone, it’s hard to prove that a pet owner knows their animal is capable of hurting someone. If you’ve been bitten, an animal bite lawyer will be able to investigate; to dig deep and determine whether or not the owners should have known their animal was dangerous. 

It is also possible that animal keepers, parents of minors, landlords, and property owners might be responsible. This will depend on the individual circumstances regarding your dog bite lawsuit.

Nebraska has several laws that could apply to a dog bit or animal bite injury case. Keep in mind, there is a window for bringing a case to court. Set by Nebraska’s statute of limitations, an injured person has four years from the date of injury to file a personal injury lawsuit in the state’s civil court system. In Iowa, the statute of limitations is only two years. In either state, the court will almost certainly refuse to hear the case if the respective four or two-year marks have passed.  

Nebraska and Iowa’s dog bite statutes allow an injured person to pursue damages against a dog owner if:

• The dog injured the person or the person’s livestock or pets, and
• The injured person was not trespassing when the injury occurred.

The statutes specify that both dog bites and injuries caused by other types of dog behavior are covered. For example, a dog ran into him and knocked him down may seek compensation under the dog bite law, even if the dog did not bite the person during the incident.

The courts have held that the state’s dog bite statute does not apply to dogs that are behaving in a playful manner. To recover damages against the owner of a playful dog, the injured person must show that the owner knew or should have known the dog might act aggressively while playing, and failed to take reasonable steps to warn or protect the injured person from harm.

Both Nebraska and Iowa’s personal injury laws and dog bite laws give victims the right to collect damages for injuries that are the result of the animal owner’s negligence.

Damages are designed to compensate you for:

• Past, present, and future medical bills for treatment related to your dog/animal bite injuries
• The repair or replacement of any property (including clothing or prescription items such as glasses or hearing aids) that was damaged or destroyed when you were bitten
• Lost wages for time off from work (this includes time spent going to doctor’s appointments and/or physical therapy)
• The cost of hiring someone to do household maintenance (both indoor and outdoor) that you’re unable to do because of your injury
• Permanent disability and disfigurement stemming from the dog/animal bite
• Emotional distress stemming from the dog/animal bite
• Any other costs you’ve incurred as a result of your injuries

There are two ways in which you can collect this compensation: in an out-of-court settlement or in a court judgement.

If you opt to settle a case, you and the dog or animal owner, plus the owner’s insurance company and your attorneys, privately negotiate an agreement to compensate you for your injuries. The money is paid by either the dog owner, the insurance company, or both.

In a court judgment, your case is presented to a judge or jury. If they find in your favor, they will also decide how much you are owed in damages. However, this amount can be adjusted by the judge or the other party can appeal the case in an effort to have the damages reduced.

Settling a case offers several advantages:

• It resolves your case more quickly than if you went to trial
• You receive money more quickly than if you went to trial, and you can use that to pay injury-related bills
• You can get emotional closure and start to move on after the accident
• You have the certainty of knowing how much money you’ll receive
• Settlement agreements can remain confidential

Settling your case could secure you less compensation  than if your attorney had taken the case to trial. However, there’s no guarantee you would have received more money had you gone before a judge or jury. 

That being said, going to trial means a better chance of a larger award than if you settled the case. Even so, it has its disadvantages:

• There is no guarantee that you’ll win your case or receive a larger award than if you settled
• Your fees and expenses may be higher than if you settled
• The verdict and judgment will be publicly available
• It can take a long time to schedule and prepare for a trial 

The experienced Omaha lawyers at High & Younes can help you evaluate your settlement offer and decide whether it fairly compensates you for your injury. We can help you navigate the advantages and disadvantages of a settlement versus going to court. There may be reason unique to your situation that argues strongly in favor of settling or strongly in favor of litigation.

It’s nearly impossible to successfully pursue an animal bite claim alone, so if you’ve been bitten and want to recover the damages you’ve been caused including your medical bills, lost wages, property damage, and other expenses related to the injury, the best option is to contact the experienced attorneys at High & Younes to handle the case for you. We’re here to protect your rights and help give you peace of mind. Call us today for a free consultation: (402) 933-3345.

About High & Younes  

Our firm was founded in 2012 by award-winning attorneys Justin High and Frank Younes, who are both lifelong Nebraskans and graduates of Creighton University School of Law.

High & Younes’ team of attorneys have successfully represented countless individuals in personal injury cases as well as wrongful death, workers’ compensation, family law, DUI, catastrophic injuries, and several other areas of practice.

Our philosophy is simple: We get our clients the best results by working smart, communicating effectively, and maintaining integrity. This philosophy has earned us the respect and trust of judges, opposing counsel, and our peers. We take the time to listen to our clients and make the necessary efforts that will bring them the results they need and expect. Our attorneys will handle the difficult steps to get you the payout that you deserve, including taking your case to trial. Our lawyers are experienced litigators who will do right by you and your family. The High & Younes team will fight for you and your loved ones.

Call (402) 933-3345 or fill out our contact form to set up a consultation with one of our attorneys. Let’s get started today. We are also available via live chat on our home page.