San Jose Dog Bites Lawyer
Looking for a San Jose dog bite attorney? The experienced team at Golden Gate Legal helps victims of dog attacks get the justice they deserve.
A dog bite can leave you with both physical scars and emotional trauma that are difficult to overcome. If you're seeking legal representation in the San Jose area for a dog bite incident, contact our team today for guidance.
At Golden Gate Legal, we have extensive experience helping clients navigate the complexities of dog bite cases throughout San Jose. In this article, we'll guide you through the immediate steps to take after a bite, provide an overview of the legal process, and answer some of the most common questions you might have.
What to Do After a Dog Bite in San Jose
If you've been bitten by a dog in San Jose, it's important to follow these steps:
Make Sure You're Safe
Your first priority is to create distance between you and the dog to avoid another bite. Once you're out of harm's way, take a moment to assess yourself and others for any injuries sustained during the incident in San Jose.
Seek Immediate Medical Care
The most important first step is to get medical help right away by calling 911 or going to the nearest emergency room. This ensures the wound is properly treated to prevent serious infections and creates an official record of your injuries.
Call the Police and Animal Control
You should report the attack to the police and animal control to create an official record of what happened. They will gather statements and information about the dog and its owner, and you'll want to ask for a copy of their report for your records.
Collect Information and Evidence
Gather the dog owner's name and contact details, ask for proof of the dog's rabies vaccination, and document everything with photos of your wounds, the dog, and the surrounding area. This information is crucial for both your medical treatment and for building a strong foundation for any potential legal action.
Contact Golden Gate Legal for Help
After a dog bite in San Jose, navigating the next steps can be overwhelming, which is where our compassionate team at Golden Gate Legal comes in. We'll take on the legal burdens, from negotiating with insurance adjusters to fighting for the full compensation you need to recover, so you can focus on healing.
Why Choose Golden Gate Legal
With years of experience handling dog bite cases and other personal injury claims for clients in San Jose, Golden Gate Legal is here to help you navigate this difficult time. Here are a few reasons why you should choose our firm:
- We Will Get You Maximum Compensation: Our team fights to ensure you recover every penny you are legally entitled to for your injuries.
- We Will Protect You at All Costs: We make it our top priority to protect your rights and interests so you can focus on your recovery.
- No Legal Fees Upfront: Our firm operates on a contingency fee basis, meaning you don't pay us anything unless we win or settle your case.
- We Are Available at All Times: Our team is always ready to answer your questions and provide support from the beginning of your case to the very end.
We encourage you to check out our Client Testimonials.
Legal Process Overview
Here's how we handle the legal process for our San Jose clients, taking care of every step so you can focus on your recovery:
- Free Consultation & Case Evaluation: We start with a no-cost consultation to discuss the details of your dog bite incident, address your concerns, and determine the strength of your claim.
- Evidence Collection & Claim Filing: Our team will gather all necessary evidence, like medical reports and witness accounts, and manage all communications and paperwork with the insurance companies for you.
- Medical Treatment Coordination: We can assist in coordinating your medical care and will track your recovery progress to make sure the full extent of your injuries is documented for your case.
- Demand Letter & Negotiation: After you've finished treatment, we compile a detailed demand letter and negotiate with the dog owner's insurance or the owner directly to secure the best possible settlement for you.
- Litigation (if necessary): Should the other party refuse a fair settlement, our skilled trial lawyers are prepared to take your case to court and fight for the compensation you deserve.
- You Get Paid: When we win or settle your case, we handle the final paperwork so you can quickly receive your payment for medical costs, lost wages, and other damages.
What Types of Damages Can You Claim After a Dog Bite?
In California, if you've been injured by a dog bite, the law allows you to seek financial compensation for the various damages you've suffered as a result of the incident. Compensatory damages for dog bites in California may include the following:
- Medical bills
- Lost income
- Future medical care and treatment
- Pain and suffering
- Scarring and disfigurement
- Psychological counseling
Insurance companies and at-fault parties often try to pay as little as possible to protect their profits, which is why it's so important to have experienced California personal injury attorneys like the team at Golden Gate Legal fighting for you.
Common Dog Bite Injuries
While not an exhaustive list, here are the types of injuries we typically handle:
Puncture Wounds & Lacerations
A dog’s sharp teeth can create deep puncture wounds or cause jagged tears known as lacerations, which damage the skin and underlying tissue. These types of injuries often bleed profusely, have a high risk of becoming infected, may require stitches to close, and can result in permanent scarring.
Infections & Soft-Tissue Damage
When a dog’s bite breaks the skin, it can introduce bacteria that may cause anything from a simple skin infection to a more severe abscess or a dangerous, body-wide infection like sepsis.
Nerve Damage & Functional Impairments
A severe dog bite can sever or crush nerves, particularly in vulnerable locations like the hands and face. This type of injury often leads to sensory problems, such as numbness, tingling, or chronic pain, and can result in a permanent loss of function if not treated quickly.
Scarring & Disfigurement
Dog bites often leave behind permanent scars, which can be especially severe on exposed areas like the hands and face. For serious injuries where tissue is torn away, reconstructive or plastic surgery may be required to minimize the long-term disfigurement and help restore the person's original appearance.
Crush Injuries & Fractures
Bites from powerful, larger dogs can exert enough force to crush and fracture bones or inflict serious trauma on joints. These types of injuries are often accompanied by severe swelling and bruising, and may require surgery, splints, or physical therapy for a full recovery.
PTSD & Emotional Trauma
The emotional trauma from a dog bite, such as post-traumatic stress disorder, lasting anxiety, or a new fear of animals, can often outlast the physical injuries and may require professional therapy, especially for children, to help them rebuild their confidence and sense of safety.
Common Causes of Dog Bites in San Jose
Dog bites in San Jose don't just happen out of the blue; they are often the result of a few major causes:
Lack of Proper Training
Without the foundation of good training and socialization, a dog can feel overwhelmed and act defensively by biting when faced with a stressful or unfamiliar scenario.
Fear or Startling
If a dog is caught by surprise by a sudden noise or action, it may bite out of a natural instinct to protect itself from what it perceives as a threat.
Territorial Behavior
A dog might consider its home, yard, or even its owner to be its territory, and it may bite if a stranger comes too close and is seen as a threat.
Rough Play
If play becomes too aggressive or forceful, a dog may feel endangered and bite or snap as a way to defend itself from what it sees as a threat.
Protective Instincts
A dog might become possessive over things it values, like its food bowl or a specific person. Attempting to remove that valued item can trigger a defensive bite.
Pain or Illness
When a dog is unwell or hurt, it may bite if startled or touched because it anticipates the contact will cause more discomfort.
Frequently Asked Questions
How much will a Personal Injury Attorney Cost?
For personal injury cases in San Jose, you pay no legal fees upfront. Our firm only gets paid when we win or settle your case, so hiring us comes with zero financial risk for you.
What if the dog’s owner denies responsibility?
In California, even if a dog owner denies responsibility, the law is generally on the victim's side. The state operates under a "strict liability" rule for dog bites. This means an owner is held accountable for injuries their dog causes, regardless of whether the dog had a history of aggression or if the owner was being careless. You typically don't need to prove the owner was negligent; you just need to show that you were bitten and that the bite resulted in an injury.
There are a few exceptions, however. An owner's liability might be lessened or even dismissed entirely if the person who was bitten was trespassing on private property or provoked the dog. Because the specific circumstances are so important, navigating a dog bite claim in San Jose can be complex, and understanding these nuances is key.
How long do I have to take legal action after a dog bite?
In California, the law gives you two years from the date of a dog bite to file a claim, according to Civil Code § 335.1. If you miss this two-year deadline, your case will almost certainly be thrown out, even if the owner was clearly at fault.
However, there is an important exception for minors. If the victim was under 18, the two-year period to file a lawsuit doesn't begin until their 18th birthday.
In California, how long does an insurance company have to settle a claim?
In California, insurance companies must follow a specific schedule when handling your claim. After you notify them, they have 15 days to acknowledge your claim and start looking into it. From the day they receive all your necessary paperwork, they then have 40 days to make a decision on whether to accept or deny the claim.
Once a claim is approved, the insurer has another 30 days to issue your payment. In total, the entire settlement process should take no more than 85 days from the time you provide all the required information. These timelines are set by California's Fair Claims Settlement Practices Regulations to ensure claims are handled promptly.
Can I file a claim if the dog was on a leash or had no prior bite history?
Yes, you can. In San Jose, and throughout California, a dog's owner is responsible for a bite even if the dog was on a leash or has never been aggressive before. The key factors are that you were legally on the property where the bite happened and that the dog did, in fact, bite you.
How will Golden Gate Legal actually help me?
Our approach at Golden Gate Legal starts with understanding your situation here in San Jose, ensuring you feel supported. We also help assess your injuries, which might mean connecting you with medical specialists for the best care.
While you focus on getting better, we take on the legal battle to secure the compensation you need. This includes payment for your pain, hardship, and the entire recovery process.
Contact Golden Gate Legal for legal support
Golden Gate Legal has helped countless personal injury victims get back on their feet. Let’s do the same for you.
Call us now at (310) 445-3425 or click below for your free consultation.
Protecting your rights when you need it most
We believe in doing what’s right: you focus on your recovery, and we’ll handle the legal process from start to finish.
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We are available at all times
No legal fees paid upfront
We will protect you at all costs
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