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Tuesday 23 August 2011

Canine Bite Suits and Irvine Personal Injury Lawyer

By Katherine Liebermann


If you choose to file for a dog bite lawsuit, you will need to consult a good Irvine personal injury lawyer to understand your rights and requirements for filing. Dog bite lawsuits arise when the dog bite is serious enough to result in personal injury, emotional aggravation, and hospital bills. It can be beneficial that you write down the dog breed and also the dog owner's contact information because you will be needing it while filing a canine bite lawsuit.

Although state laws are different, pet proprietors are often considered legally responsible for their dog's conduct, and are required to pay all medical bills in addition to lost wages due to the particular assault. They can also be directed to fund the bite victim's pain and suffering. If the pet owner is particularly negligent -- for example allowing a pet dog known to be dangerous run loose -- there could be multiple or punitive damages, along with separate legal charges.

A fairly easy canine bite case, with basic medical care and some time off work but no big injury, permanent damage or scarring, could possibly be dealt with in Small Claims Court, generally without attorneys. Filing fees and other charges for the plaintiff can run $20 -$320 or more, but could be given back by the defendant if you win. For an animal bite incident with critical injury, mental stress and medical bills, the majority of attorneys operate on a contingency basis; they do not get compensated until you do, and then they take anywhere from around thirty to forty percent of the funds acquired. (Generally the attorney's portion is lower when the case is settled pretrial and higher when it goes to trial or perhaps is appealed.) If you don't receive any money in a settlement deal or court judgment, you do not owe any attorney's fees.

The legal wrong of trespass takes place when one party goes on the land of another person without authorization. A pet is recognized as an extension of the owner/possessor of the animal. In case your car was wrongly parked and rolled onto the property of another, causing damage, then the owner /possessor of the automobile would be liable for the damages or injuries caused. Similarly, it's acceptable to regard a pet to be a legal extension of the owner /possessor of the animal. Nevertheless, it ought to be mentioned that pets represent a complex set of issues and for that reason the dog owner may or may not be responsible for an animal's trespass.

An Irvine personal injury lawyer might charge a portion of all money received; others take their percentage after the medical bills are settled. In a case with $50,000 in medical costs and a $100,000 settlement, a lawyer asking for thirty-three percent of the total gets $33,000. Typically within the United States, recovery for injury to the individual or property was based on one of the legal principles found within the family of common law torts. These aspects include trespass, negligence, and strict liability. Each notion features its own elements that have to be shown by the wounded party before the law enables monetary recovery for the damages caused by an animal.




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