Dogs are said to be man’s best friend, but some of them are aggressive and will attack people. If you were bitten by a dog, you can demand compensation for your medical bills and pain and suffering. This is where a Tampa dog bite lawyer enters the picture.
In this article, we will show how an experienced attorney can help you get the justice you deserve. But first, a few words about Florida’s dog bite law.
In Florida, Dog Owners Are Strictly Liable
Florida does not have the so-called one-bite rule, which allows a dog owner to claim that they did not know their dog was aggressive until they bite the first person. Instead, under Florida’s dog bite law, the dog owner is strictly liable for injuries caused by their pet as long as the victim was in a public place or lawfully on private property.
In this context, many dog owners will invoke other potential defenses:
- That you were trespassing on their property.
- That you taunted and provoked the dog to attack you.
- That someone else’s dog must have bitten you.
Understandably, many people don’t stop to take photos or look around for witnesses after being attacked by a dog. Their first thought is to go to the nearest hospital for medical care.
So, how do you prove your case? A skilled lawyer will step in and gather evidence on your behalf in several ways.
1. Finding Eyewitnesses
Most dog bite attacks happen on public property – on the street, in the park, in a parking lot, etc. Thus, there were probably a few people in the area who saw what happened. An experienced lawyer knows how to find eyewitnesses who can confirm what happened.
2. Locating CCTV Camera Footage
In some lucky circumstances, the area where you were bitten by the dog is covered by a CCTV camera. A Tampa dog bite attorney has the right to request a copy of the footage at the relevant moment from the owner or operator of the camera, whether this is an individual, a business, or a government authority.
3. Finding Instances of the Dog’s Aggression
Despite the lack of the one-bite rule, the dog owner will continue to defend their pet, stating that they never hurt anyone. They may even claim that you provoked the animal and it acted in self-defense.
In general, aggressive dogs have a track record of biting other people or animals. Your lawyer will ask neighbors and will be able to put together the true story about the nature of the dog.
4. Persuading the Dog Owner to Share Insurance Information
In dog bite cases, the first thing to do to recover damages is file a claim against the dog owner’s homeowner’s insurance policy. However, you may find yourself faced with a flat refusal when you ask for the insurance details.
An attorney will have more success when they inform the owner that they have sufficient evidence to take them to court for damages unless they agree to resolve the matter through the insurer.
5. Negotiating With the Insurance Company
The process of getting damages for a dog bite is not simple compared to other types of accident claims. Insurance companies are fighting to protect their profits by finding reasons to deny or devalue claims.
Attorneys know how to negotiate with insurance adjusters, using evidence, knowledge of the law, and experience from previous cases. When all else fails, the lawyer will tell the insurer that you are prepared to take the case to court. However, you will likely not have to go to trial, because the insurance company will finally agree to settle your claim.
An Experienced Tampa Dog Bite Lawyer Will Help You Win Compensation!
Dog bites can cause severe injuries, resulting in thousands of dollars worth of medical bills and lost wages. With the assistance of a skilled Tampa dog bite lawyer, you can recover these economic damages, plus compensation for pain and suffering.
Call us at 954-448-7355 as soon as possible after the incident to schedule a free case review!
