San Jose Dog Bites Lawyer
Injured by a dog bite in San Jose? The experienced dog bite attorneys at Golden Gate Legal can help you get the compensation you deserve.
A dog bite can leave you with more than just physical scars; the emotional trauma can be just as challenging to overcome. If you are seeking legal representation for a dog bite incident in the San Jose area, our experienced team is here to help.
At Golden Gate Legal, we have extensive experience representing victims in dog bite cases and fighting for their rights in San Jose. In this article, we will provide clear direction on what to do after a bite, give an overview of the legal process, and answer many of the questions you might have.
What to Do After a Dog Bite in San Jose
If you are bitten by a dog in San Jose, it is important to take the following steps to protect your health and your rights:
Make Sure You're Safe
After a dog bite in San Jose, your immediate priority is to move to a secure location away from the animal to prevent any more harm. Once you are safely away, take a moment to check yourself and anyone with you for injuries.
Seek Immediate Medical Care
Immediately after a dog bite, it's crucial to get professional medical help by calling 911 or heading to an emergency room. A doctor can treat the wound to prevent infection and create a formal record of your injuries, which is essential for both your health and any potential claim.
Call the Police and Animal Control
It's crucial to report the dog bite to the police or animal control to have the incident officially documented. They will investigate what happened, gather necessary information, and provide you with a copy of the report for your records.
Collect Information and Evidence
Politely request the owner's contact and insurance information, inquire about the dog's vaccination status, and take clear photos of your injuries, the animal, and the place where the incident occurred. This documentation is key to safeguarding your well-being and preserving your legal rights.
Contact Golden Gate Legal for Help
After a dog bite in San Jose, navigating the legal process can be overwhelming, but you don't have to do it alone. The dedicated team at Golden Gate Legal will take on the insurance companies and manage your case, allowing you to focus on your recovery while we fight for the justice you deserve.
Why Choose Golden Gate Legal
With dedicated years of experience handling dog bite cases and other personal injury proceedings for clients in the San Jose area, our team is ready to help you rebuild. Here are a few reasons why you should choose Golden Gate Legal:
- We Will Get You Maximum Compensation: Our attorneys will aggressively fight to hold the negligent parties accountable and help you obtain the full compensation you are entitled to.
- We Will Protect you at All Costs: It is our top priority to protect your rights and interests, guiding you through the recovery process to ensure you recover all damages you are legally owed.
- No Legal Fees Upfront: You do not pay any legal fees unless we win or settle your case, allowing you to focus on your recovery without financial stress.
- We Are Available at all times: Our team is available 24/7 to provide the legal and emotional support you need, whenever you need it.
We encourage you to check out our Client Testimonials.
Legal Process Overview
While we handle every step of your San Jose personal injury claim so you can focus on healing, here is an overview of the legal process:
- 1. Free Consultation & Case Evaluation: We start with a free consultation to discuss your dog bite incident, answer your questions, and determine the strength of your case.
- 2. Evidence Collection & Claim Filing: Our team will collect all necessary evidence, like medical reports and witness accounts, and manage all the paperwork and communications with insurance companies for you.
- 3. Medical Treatment Coordination: As you recover, we can assist in coordinating your medical care and track your progress to make sure your case accurately represents the full extent of your injuries.
- 4. Demand Letter & Negotiation: After you've completed medical treatment, we will assemble a detailed demand letter and negotiate with the dog owner's insurance provider, or the owner directly, to secure the best possible settlement for you.
- 5. Litigation (if necessary): Should the opposing party refuse a fair settlement, our skilled trial lawyers are prepared to take your case to court and fight for your rights.
- 6. You Get Paid: When your case concludes successfully, we handle the final paperwork to get your compensation check to you quickly to cover all your 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 attack. 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 will often try to undervalue your claim to protect their profits, which is why having an experienced California personal injury attorney from Golden Gate Legal on your side is so important.
Common Dog Bite Injuries
While this is not an exhaustive list, here are the types of injuries we typically handle:
Puncture Wounds & Lacerations
Puncture wounds and lacerations from a dog bite occur when sharp teeth pierce or rip the skin and damage the tissues below. These injuries can bleed profusely, carry a significant risk of infection, often necessitate stitches, and may result in lasting scars.
Infections & Soft-Tissue Damage
Should a dog's teeth puncture the skin, bacteria from its mouth can invade the wound, leading to skin infections, abscesses, or more severe, body-wide infections.
Nerve Damage & Functional Impairments
A powerful bite, particularly in vulnerable areas like the hands or face, can damage underlying nerves. This may cause numbness, tingling sensations, or persistent pain, and if not addressed by a doctor, could lead to a long-term loss of function in the injured area.
Scarring & Disfigurement
Scars are a common consequence of dog bites, and they can be especially noticeable on exposed parts of the body like the face and hands. If the injury involves significant tissue loss, reconstructive or cosmetic surgery might be needed to restore function and appearance, minimizing the long-term disfigurement.
Crush Injuries & Fractures
The sheer force of a bite, especially from a larger dog, can crush soft tissue and even break bones, leading to complex fractures that may necessitate surgery, splints, or a lengthy period of physical rehabilitation for a full recovery.
PTSD & Emotional Trauma
Beyond the physical wounds, a dog attack can inflict significant emotional trauma, including post-traumatic stress disorder and a persistent fear of animals, which may require professional therapy to address, especially in children.
Common Causes of Dog Bites in San Jose
Understanding why dog bites occur is the first step to prevention, and in San Jose, several major factors often come into play:
Lack of Proper Training
When a dog lacks sufficient training or socialization, it may not understand how to handle stressful encounters, causing it to bite as a reaction to fear or uncertainty.
Fear or Startling
A dog that is unexpectedly startled by a sudden movement or sound may react defensively out of pure instinct.
Territorial Behavior
Dogs can be very protective of what they consider their territory, which could be their home, yard, or even their owner. A dog may bite defensively if it feels this space is threatened by an approaching person.
Rough Play
When playtime gets too physical, a dog can feel threatened and may bite or snap in an attempt to defend itself from what it perceives as danger.
Protective Instincts
A dog may become fiercely protective of things they value, from their food to their favorite human. Attempting to remove the guarded item or person can be perceived as a threat, often resulting in a bite.
Pain or Illness
When a dog is hurt or feeling unwell, it might bite if startled or touched because it may associate that contact with its pain.
Frequently Asked Questions
How much will a Personal Injury Attorney Cost?
For our personal injury clients in San Jose, there are no upfront legal fees. You only pay us if we win or settle your case, which means there is no financial risk to you.
What if the dog’s owner denies responsibility?
In California, the law holds dog owners strictly liable for injuries their pets cause. This means an owner is responsible for any harm their dog inflicts, even if the dog has never shown aggressive tendencies before or the owner wasn't being careless. You generally don't need to prove the owner was negligent, just that their dog bit you and caused an injury.
However, there are a few exceptions to this rule. An owner's liability could be reduced or completely erased if the injured person was trespassing on private property or had provoked the dog. Because the context of the incident is so important, understanding these nuances is key for anyone dealing with a dog bite case in San Jose.
How long do I have to take legal action after a dog bite?
In California, you have a two-year window from the date of the incident to file a lawsuit for a dog bite, as outlined in Civil Code § 335.1. If you don't take action within this period, you will likely lose your right to pursue a claim, even if the owner was clearly negligent.
For victims who are minors, the rule is different. The two-year statute of limitations doesn't begin until they reach the age of 18, providing them with an extended period to seek justice.
In California, how long does an insurance company have to settle a claim?
In California, insurance companies operate under strict timelines. Once you notify them of a claim, they have 15 days to acknowledge it and start their investigation. From the day they receive all your necessary proof-of-claim paperwork, they have 40 days to make a decision on whether to accept or deny it.
Should your claim be accepted, the company is then required to issue payment within 30 days. Based on the state's Fair Claims Settlement Practices Regulations, this means the entire process from your initial filing to receiving payment should typically be wrapped up within 85 days.
Can I file a claim if the dog was on a leash or had no prior bite history?
Yes. In San Jose, a dog owner is responsible for a bite even if their dog was on a leash and had never been aggressive before. Under California law, if you were legally on the property where the bite happened, the owner is typically liable.
How will Golden Gate Legal actually help me?
Here in San Jose, we start by listening to your story to fully grasp your circumstances and make sure you feel supported. We then determine the extent of your harm, which can include connecting you with top medical experts for the care you need.
Your job is to heal; our job is to manage the legal complexities to win the financial award you are entitled to. This covers the costs of your recovery, lost income, and the personal impact of your injuries.
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
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We will protect you at all costs
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