A sudden unpredicted attack is scary and unfortunate. Especially if someone has had a fear of that animal and they were simply trying to protect themselves from the animals and got injured while doing so.
This is why laws are placed to protect victims from unexpected attacks. So, yes, to answer your question, you will be eligible for compensation after an animal attack.
However, there are some clauses that you have to remember. Starting with, the animal that has attacked you must be domesticated by someone. Any animal from the wilderness won’t make you eligible for compensation.
Along with that, there are other discrepancies that prove whether you should be getting compensation. In this excerpt below, we will discuss these protocols and how an animal attack attorney can help you.
Common Animal Attack
The common animal attack makes you eligible for the common animal attack. These will include domesticated pet animals and domesticated wild animals.
- Nerve Damage.
- Deep cut.
- Tearing of soft body tissue.
- Puncture wounds.
- Rabies (being bitten by an animal carrying the rabies virus).
Legal Actions The Owner Can Take
Once you file a case against the owner for the animal attack, a legal notice will reach the owner. This means they can sit mutually with their defending attorney and settle on compensation for damage control.
However, there are some grounds on which the owner can refute the case. This is when the case will go to trial. Here are some of the common grounds on which the owner of the pet can refute the case:
If the dog owner can legally prove that this act was completely unexpected because their dog doesn’t have a history of bites, then that would be considered. In a court of law, that would adjourn the case, and more investigation would be advised.
This proves whether the bite was unexpected or someone provoked the animal.
Provoking The Animal
If, through any evidence, the owner can prove that the victim deliberately provoked the animal to which it was forced to defend, there are very thin chances of compensation.
However, an attorney can still prove it against the dog owner for negligence. At times what we consider provoked could be a friendly approach towards the animal. If the animal doesn’t like to be approached in a certain manner, it is the duty of the owner to warn the stranger.
If the victim was found trespassing on a property, and the dog attacked with the intent to protect the property owners, that is a strong refutable point for the owners.
In such a case, an Animal attack lawyer can always refute the no warning sign of a guard dog around the property.
However, the case could turn problematic for you if the liable party can prove your trespassing. You need a good animal attack attorney to build a case for you by bringing enough evidence for the liable party.
Times You Do Not Have To Prove
Sometimes, you will need to prove certain misdemeanors from the owner’s end to receive your compensation. This would include the following.
- Negligence or lack of warning from the owner leads to unpredictable injury.
- When owning a pet dog, there are certain state-placed protocols owners have to follow. If they do not, which leads to an injury, the owner must pay for damage control.
- Underestimating the animal’s aggression or not controlling an already aggressive animal with a history of biting.
Now coming to the situation where a lawyer has to prove nothing but the fact that an attack has been made toward their client.
This is when the owner possesses a wild animal, and they know it can be attacked unbeknownst, yet they show negligence. In the case of any domesticated wild animal, the court wouldn’t need much proof from the injured party. Afterall, taking possession of a wild or exotic animal that can show aggression can nature requires heavy precautions.
If the animal managed to bite someone, it wasn’t placed under such strict precautions, which led to the attack.
What Might Happen To The Animal
This is the difficult part to decide. However, by law, if the animal doesn’t have much history of attack and aggression, the owner will pay for the necessary damage and get a warning. However, when it comes to an animal that has shown hostility towards others time and again, the verdict is sad, the animal being “gently put down” with medical help.
What You Should Right After An Animal Attack
If you are currently healing from an animal attack and are confused about what your further action should be, follow these. Here is a step-by-step guide to protecting yourself and your loved one from further financial damage because of an unexpected animal attack.
1. Identify The Animal
First and foremost, identify the animal and ensure it is not infected with rabies. The course of treatment will look very different if it is.
2. Speak To The Owner
If you cannot understand the breed of the dog, cat, or the species which bit you, seek assistance from the owner. This way, you are also informing them about the unexpected bite. Ask the owner to show the dog’s or cat’s rabies vaccination paperwork. Take photographs of these documents, and if the owner is causing an issue, call for a lawyer.
3. Go To The Insurance Company
Animal bites do come under the unpredicted accident list. Thus, you are eligible for insurance compensation. If your insurance provider is causing an issue, call your attorney to negotiate.
You Are Eligible For A Damage Control
Yes, if the attack was uncalled for. If you dealt with emotional and physical pain for no fault, then you are eligible for compensation.
If the injury was caused due to the owner’s negligence, action, or lack of action, you are eligible for damage control.
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