At Tronfeld West & Durrett, our legal team has been helping personal injury victims in Virginia recover compensation for damages since 1972. Our experienced attorneys can help you navigate the complex process of claiming compensation for dog attacks, ensuring you receive the justice and financial support you need for recovery.
Suffered Injuries From a Dog Attack? Our Chesapeake Dog Bite Attorneys are Ready to Fight for the Compensation You Deserve
According to the Virginia Department of Health (VDH), more than 4.7 million people are bitten by dogs in the United States each year, with nearly 1 in 5 individuals requiring medical attention for subsequent injuries or infections. Thus the importance of seeking legal guidance to safeguard your rights: under Virginia’s law, you don’t have to shoulder the costs of someone else’s negligence.
In Chesapeake, our personal injury lawyers have the necessary knowledge, resources, and experience to support victims through these difficult times. Here’s how we can help:
- Case evaluation: We thoroughly assess the details of the incident to determine the best course of action and legal strategy to pursue moving forward.
- Evidence gathering: Our team gathers all necessary evidence, including medical records and witness statements, to build a solid foundation to defend your claim.
- Legal representation: We advocate for your rights, secure a fair resolution, and protect your best interests throughout the whole legal process.
- Negotiation: Our attorneys negotiate with insurance companies to prevent lowball offers and ensure you receive the maximum compensation possible.
- Litigation: If necessary, we’re also prepared to take your case to trial and defend your case with compelling arguments.
After being injured in a dog attack, it’s essential to have a knowledgeable legal team on your side. By choosing Tronfeld West & Durrett, you can rest assured we’ll fight for your right to justice and help you through each step of the legal process, from the initial consultation to the resolution of your case.
For answers to your questions about a dog bite in Chesapeake, call:
800-321-6741
What to Do After a Dog Attack?
After a dog attack, make sure to take the following steps to safeguard your health and legal rights:
- Seek medical attention immediately and ensure all injuries are properly treated and documented.
- Thoroughly document the incident and your injuries with photos and, if possible, witness testimonies.
- Report the attack by contacting local animal control, law enforcement, or the appropriate authorities.
- Consult with a personal injury lawyer to understand your legal options.
What Are My Rights After a Dog Attack in Virginia?
After a dog attack in Virginia, victims have specific rights to pursue compensation for their injuries, which includes various types of damages to reflect the physical, emotional, and financial toll of the incident. Dog attacks can result in severe, life-changing injuries, and Virginia law is structured to support victims in their recovery and pursuit of justice.
Under Virginia dog bite laws, those injured in dog attacks are entitled to seek compensation for:
- Hold the dog owner accountable: Dog owners can be held liable for injuries caused by their pets, particularly if the dog has a known history of aggression or the owner was negligent in controlling the animal. This right underscores the owner’s legal duty to prevent harm, reinforcing that failing to manage a potentially dangerous dog has serious legal consequences.
- File a legal claim without proving negligence: Virginia’s dog bite laws often allow victims to bring personal injury claims even when negligence is not directly proven, especially in cases involving a prior history of aggression. This simplifies the process, as proving that the bite or attack occurred is typically sufficient in establishing the basis of a claim. This aspect of the law is particularly helpful for victims, as it alleviates the burden of showing explicit negligence.
- Pursue claims for future medical needs: Dog attacks can result in long-term physical and psychological impacts. Virginia law allows victims to pursue claims for projected future medical needs related to the attack, including follow-up surgeries, physical therapy, or mental health support.
- Seek legal support without upfront costs: Many personal injury lawyers in Virginia, including our dog bite lawyers at Tronfeld West & Durrett, work on a contingency fee basis, meaning there are no upfront costs. This right to legal representation without financial barriers makes it feasible for victims to seek compensation, even if they face substantial medical bills or lost income.
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What Are the Dog Bite Laws in Virginia?
Virginia has specific laws that govern dog bites and owner liability, ensuring that victims have avenues to recover compensation. The state’s approach is somewhat unique, as it combines elements of strict liability with an emphasis on the dog’s prior behavior. According to Virginia Code, dog owners can be held liable for attacks under several conditions:
- Strict liability for known aggression: If a dog has previously been identified as dangerous or has a history of aggressive behavior, the owner is automatically liable for injuries caused by subsequent attacks. This means the victim does not have to prove negligence—only that the bite or attack occurred.
- Potential liability without prior incidents: Even if the dog has no known history of aggression, owners may still be liable if it can be shown they failed to exercise reasonable control over the dog or neglected to prevent it from posing a risk in specific circumstances, such as letting the dog roam off-leash in a public space.
These laws place a significant responsibility on dog owners to manage and restrain their animals, especially if they know the dog poses a potential danger. Tronfeld West & Durrett can help you navigate Virginia’s dog bite laws and work to prove the owner’s liability, even if the dog involved has no recorded history of attacks.
Definition of Dangerous Dogs
Virginia law also includes a specific definition for “dangerous dogs,” which is crucial for certain claims. Under the Virginia Code, a dog may be classified as dangerous if it has:
- Caused serious injury: If a dog has killed or seriously injured a person or another animal, it is likely to be classified as dangerous, increasing the owner’s liability in any future incidents.
- Displayed aggressive behavior documented by authorities: If a dog has been formally reported to animal control or other authorities for aggressive or threatening behavior, this can be used to substantiate a claim and hold the owner accountable.
For victims, this designation is significant because it establishes a higher level of proof that the owner was aware of their dog’s potential to harm others. This classification can strongly support a victim’s claim by providing legal grounds that the owner had a duty to restrain or take extra precautions with the dog.
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Virginia’s “One Bite” Rule
Virginia adheres to a version of the “one bite” rule, which plays a key role in determining a dog owner’s liability. This rule does not mean that every dog gets “one free bite” before the owner is held accountable; rather, it considers the dog’s history of aggression and the owner’s awareness of such tendencies. Understanding this rule is crucial for building a successful claim:
Prior Aggression
If a dog has previously bitten someone or exhibited aggressive behavior, the owner is generally liable for any subsequent incidents. This history demonstrates that the owner was aware—or should have been aware—of the dog’s potential to harm others.
No Known Aggression
If the dog has no history of aggression, proving the owner’s liability can be more challenging. However, an owner may still be held responsible if it can be shown that they failed to exercise reasonable care, such as not using a leash or restraining the dog properly in public or around visitors.
It’s essential to gather evidence that indicates the dog’s history and any prior incidents. This can include witness statements, previous complaints to animal control, or neighborhood reports.
Damages You Can Recover After a Dog Bite in Chesapeake
After a dog bite, you’re entitled to recover various damages under Virginia’s law, including:
Medical Expenses
Dog bites can result in a wide range of injuries that range from minor to catastrophic injuries. Recovering medical expenses will cover all medical treatments related to the dog bite, from emergency care to long-term rehabilitation.
Pain and Suffering
This includes compensation for the physical pain and emotional distress suffered as a result of the attack, as well as any psychological trauma like depression, anxiety, and PTSD.
Lost Wages
If a dog bite forces you to miss work, you can get reimbursement for any lost income due to time off work for recovery. This also includes any losses of future income-earning potential.
Disfigurement
Severe dog bites can result in disfigurement, which may greatly affect your quality of life. In these situations, it’s possible to recover compensation for any permanent scarring or disfigurement caused by the dog bite.
Common Injuries Sustained in Dog Bite Claims
Dog bites can lead to a wide range of injuries, some of which have serious long-term consequences for the victim. Some common injuries sustained in dog bite claims include:
- Lacerations and puncture wounds
- Fractures and broken bones
- Soft tissue injuries (like nerve damage)
- Traumatic brain injuries
- Infections
Statute of Limitations for Dog Bite Claims
In Virginia, the statute of limitations for filing a dog bite injury claim is generally two years from the date of the incident, as specified in Virginia Code § 8.01-243. Taking prompt action after a dog attack ensures that crucial evidence, like witness testimonies and medical records, remains intact and supports your claim. A dog bite lawyer at Tronfeld West & Durrett can help guide you through each step, ensuring that all procedural requirements are met to protect your right to seek compensation.
Benefits of Hiring a Dog Bite Lawyer from Tronfeld West & Durrett – Over 50 Years of Experience in Virginia
With over 50 years of experience in Virginia, choosing Tronfeld West & Durrett means partnering with a legal team that combines extensive legal expertise with a personal commitment to each case.
Our approach is tailored to account for your unique needs and the accident’s specific circumstances, ensuring we craft a legal strategy that allows us to successfully solve your case. For a free consultation with our experienced team, don’t hesitate to contact us today.
Call or text 800-321-6741 or complete a Free Case Evaluation form