How to File a Claim for Dog Bite Injuries in Texas

Dog bites are common in the United States, affecting millions of people each year. Unfortunately, many dog bites result in serious injuries that can have lasting physical and emotional consequences. In Texas, victims of dog bites have the legal right to seek compensation for their injuries through a dog bite injury claim. However, navigating the legal process can be overwhelming, especially when dealing with medical treatments and recovery.

In this comprehensive guide, we will explore how to file a dog bite injury claim in Texas, the legal framework surrounding these claims, and the steps you need to take to maximize your chances of receiving fair compensation. We will also address five frequently asked questions to give you a better understanding of your rights and options when dealing with dog bite injuries.

The Legal Framework for Dog Bite Claims in Texas

Dog bite injury claims in Texas operate under a combination of common law principles, including the “one-bite rule” and negligence standards. Texas follows a more nuanced approach, unlike some states that impose strict liability on dog owners regardless of their knowledge of the dog’s behavior. Here’s what that means:

• One-Bite Rule: Under Texas law, the owner of a dog can be held liable for a dog bite if it can be shown that the owner knew or should have known that their dog was dangerous or had a tendency to bite. If the dog had never bitten anyone, the owner might argue that they didn’t see its dangerous propensities, making proving liability more challenging.
• Negligence: Texas law also allows victims to recover compensation if they can prove that the dog owner was negligent. Negligence could include situations where the dog was not properly restrained, or the owner failed to control it despite knowing it could pose a danger to others. For example, if a dog was off-leash in a public area, violating local ordinances, the owner could be found negligent.

Understanding these legal principles is crucial when filing a claim because they impact how you and your attorney will approach the case. Now, let’s dive into the steps for filing a dog bite injury claim in Texas.

Step-by-Step Guide to Filing a Dog Bite Injury Claim

Step 1: Seek Immediate Medical Attention

Step 2: Report the Incident to Local Authorities

Step 3: Gather Evidence

• Photographs: Take photos of your injuries immediately after the attack and during the healing process.
• Witness Statements: If there were any witnesses to the attack, obtain their contact information and ask them to provide a statement.
• Medical Records: Keep all documentation related to your medical treatment, including hospital bills, prescription receipts, and doctor’s notes.
• Information about the Dog and Owner: Try gathering information about the dog’s owner and behavior history. If the dog has bitten someone before, this will be crucial evidence.

Step 4: Contact a Personal Injury Lawyer

Step 5: File a Claim for Compensation

• Medical Expenses: All costs related to your treatment, including hospital bills, medications, surgeries, and ongoing care.
• Lost Wages: If the injury caused you to miss work, you can recover lost wages or diminished earning capacity.
• Pain and Suffering: Compensation for the physical and emotional distress caused by the injury, including trauma or disfigurement.
• Property Damage: If the dog bite damaged your personal property (for example, if the dog also damaged your clothing or belongings during the attack).

Common Questions About Dog Bite Injury Claims in Texas

1. Who is liable for a dog bite injury in Texas?

Under Texas law, dog owners are generally liable for injuries caused by their pets if the owner was negligent or if they knew the dog had dangerous tendencies. The “one-bite rule” applies in Texas, meaning the owner may only be held strictly liable if the dog had previously bitten someone or shown signs of aggression. However, an owner can still be liable if they were negligent in handling or restraining the dog, regardless of the dog’s history.

It’s important to note that liability may also extend to landlords or property owners if the attack occurred on their property and they were aware of the dog’s aggressive behavior. Your attorney can investigate all possible sources of liability in your case.

2. How long must I file a dog bite injury claim in Texas?

In Texas, the statute of limitations for filing a personal injury claim, including a dog bite injury claim, is two years from the incident date. You may lose your right to pursue compensation if you do not file your claim within this timeframe. This is why consulting with an attorney as soon as possible after the injury occurs is critical to ensure all legal deadlines are met.

3. What compensation can I recover in a dog bite injury claim?

Victims of dog bites in Texas can seek several types of compensation depending on the specifics of their case. Common damages include:

• Medical Expenses: Compensation for hospital visits, surgeries, medications, and any ongoing treatment required due to the bite.
• Lost Income: Reimbursement for wages lost due to missed work and compensation for any long-term loss of earning capacity if the injury results in a permanent disability.
• Pain and Suffering: This includes physical pain, emotional distress, trauma, and any lasting psychological effects like post-traumatic stress disorder (PTSD).
• Disfigurement: If the bite causes permanent scarring or disfigurement, you may receive compensation for the lasting impact on your appearance.
• Property Damage: Any personal property damaged during the attack, such as clothing or other belongings, can also be compensated.

4. What if the dog owner claims I provoked the attack?

In some cases, dog owners may argue that the victim provoked the dog, leading to the attack. Texas follows a comparative negligence system, meaning that if you are found to be partially at fault for the incident, your compensation will be reduced by your percentage of fault. For example, if the court finds that you were 20% responsible for provoking the dog, your compensation would be reduced by 20%. If you are found to be more than 50% at fault, you may not be able to recover any damages.

This is why working with an experienced attorney who can help demonstrate that you were not responsible for the attack is essential.

5. Can I still file a claim if the dog owner doesn’t have insurance?

Yes, you can still file a claim even if the dog owner does not have homeowners or renters insurance. In this case, you would likely need to pursue a lawsuit against the dog owner for personal liability. While this can be more challenging, your attorney can help explore all available options for recovering compensation.

The Importance of Hiring a Lawyer for Your Dog Bite Injury Claim

Filing a dog bite injury claim without legal representation can be overwhelming, especially if you are dealing with medical treatments, emotional trauma, and negotiations with insurance companies.

At Roxell Richards Injury Law Firm, our experienced attorneys deeply understand Texas dog bite laws and will fight to ensure you receive the compensation you deserve.

We offer comprehensive legal services, including:

• Investigating the circumstances of the attack
• Gathering medical records, witness statements, and other critical evidence
• Negotiating with insurance companies for a fair settlement
• Representing you in court if a lawsuit becomes necessary