Dog Bites

Welcome to Pacella Law, P.C, where we strive to secure justice for victims of dog bites. In the aftermath of such traumatic incidents, reliable legal representation is key to hold the responsible parties accountable and gather maximum compensation for your losses. Our in-depth understanding of pet laws and personal injury law enables us to champion your rights effectively. New Bedford Dog Bite Lawyer Gary Pacella with a demonstrated track record for successfully handling dog bite cases, we are dedicated to helping victims navigate the overwhelming legal processes that follow these incidents. If you or a beloved family member has been unfairly injured by a dog bite, it’s time for a conversation with us. To support you in taking the first step towards lawful resolution and compensation, we offer a Free Consultation. Start the process today by contacting us at 508-525-4147. At Pacella Law, P.C., we ensure your voice is heard, and justice is served.

What to Do After a Dog Bite

• Getting Medical Attention: Your health and wellness should be your first priority after a dog bite. Seek immediate medical care, as dog bites can lead to serious infections or other complications. Your medical records will also serve as valuable evidence if you choose to pursue legal action later.
• Taking Photos of the Injuries: Once you are in a stable condition, document the extent of your injuries by photographing them. The severity and nature of the dog bite can impact any potential legal proceedings, so your photos could be instrumental in your case.
• Collecting Eyewitness and Dog Owner Information: Record the names, phone numbers, and addresses of any eyewitnesses on the scene, as well as the dog owner. This information will prove valuable in establishing the facts about the incident.
• Reporting the Incident: Contact your local animal control agency to report the bite. They will document the incident and might be able to provide additional information about the dog, such as its vaccination records.
• Consulting a Lawyer: If you plan to seek compensation for your injuries, it’s vital to speak with a knowledgeable lawyer who is versed in dog bite cases. New Bedford Dog Bite Lawyer Gary Pacella has demonstrated experience in dealing with such circumstances and is capable of guiding you through the complex legal process, helping to reduce your stress during this difficult time.

Having comprehensive knowledge about each step can significantly impact the outcome of your case should you choose to pursue legal action after a dog bite. Our team is prepared to provide support and guidance every step of the way to ensure your rights are protected.

We employ investigators, medical experts, accident reconstruction experts to build the strongest case possible for our clients.

Proving Liability for a Dog Bite

In Massachusetts, dog bite liability is governed by the principle of strict liability, outlined in Mass General Laws Chapter 140, Section 155. The law holds that dog owners or keepers are held nearly absolute liability for any injury or property damage caused by their dogs. The rare exceptions to this liability happen only when the victim was trespassing, teasing, tormenting, or abusing the dog, or committing another tort. However, those exceptions do not apply if the victim is under seven years old. Therefore, the injured party generally does not need to demonstrate negligence or previous knowledge of the dog’s vicious behavior.

Traditionally, many states applied the “one-bite” rule, which spares the dog owner from being held liable for the first bite the dog inflicts. Only after the first incident does the owner stand to be responsible for additional injuries, due to the principle that the first bite provides reasonable knowledge of the dog’s vicious propensities. However, Massachusetts has departed from this rule.

While dog owners could be held liable due to negligence in some other states, this principle doesn’t have a broad application in Massachusetts dog bite cases because negligence requires proof of failure to exercise reasonable care, which can be challenging to demonstrate in a dog bite situation.

In summary, Massachusetts dog bite law favors victims via strict liability, except in rare instances. This means that the victim’s case usually does not depend upon the dog’s past conduct, the owner’s security measures, or whether the owner had reason to believe the dog might cause harm, making it relatively straightforward for victims to seek compensation.

Dangerous Dog Laws

Massachusetts has laws in place to address the issue of dangerous dogs. Under state regulations, a dog can be officially classified as dangerous if it has attacked a person without provocation or has seriously injured another animal. Additionally, a history of aggressive or unprovoked behavior that poses a threat to public safety may also serve as grounds for such a designation. This determination is typically made by a local animal control authority following an investigation of the dog’s behavior and any reported incidents.

If a dog has been designated as dangerous under Massachusetts law, it can significantly impact a dog bite case. A dangerous dog designation may serve as evidence that the dog’s owner was aware of the animal’s aggressive tendencies, potentially strengthening a claim for liability. Massachusetts follows a strict liability standard for dog bites, which generally means that an owner can be held responsible even without prior knowledge of the dog’s dangerous behavior. However, if the dog was already deemed dangerous before an attack occurred, it may further demonstrate the owner’s failure to adequately safeguard others from harm.

Owners of dangerous dogs are typically required to follow strict regulations, such as securely restraining the dog, using a muzzle in public, or obtaining liability insurance. Non-compliance with these requirements may lead to additional legal consequences for the owner. For victims of dog bites, understanding the legal status of the dog involved can be a key factor in pursuing rightful compensation for injuries and related damages.

Common Injuries From Dog Bites

Being a victim of a dog bite can be a traumatic experience, especially given the wide range of injuries it can result in:

• Head Injuries: These can be extremely serious, even life-threatening, as they can impact the victim’s brain function. They often occur as a result of a large dog attack, where the force can cause the victim to fall and hit their head.
• Facial Injuries: These can result in both physical and emotional trauma, given their visible nature. Typical injuries include puncture wounds, bruising, and eye injuries.
• Broken Bones: Although not as frequent, dog bites can lead to fractures should the animal be of substantial size and strength.
• Scarring: Dog bites frequently lead to scarring, depending on the severity and location of the bite. Apart from the physical complications, these scars can also cause psychological distress.
• Nerve Injuries: When a dog’s teeth penetrate deeply into the flesh, they can damage nerves, leading to long-term complications such as numbness or even paralysis.
• Rabies and Other Infections: Dogs can potentially carry and transmit rabies virus or cause other infections that can cause significant health problems if not treated immediately.
• Lacerations: These deep cuts and tears in the skin can cause extended bleeding and require immediate medical attention.
• PTSD: Post-Traumatic Stress Disorder is a common aftermath of severe dog bite incidents. This could result in flashbacks of the attack, nightmares, and a constant fear of dogs.

Understanding the impact of such injuries underlines the importance of having legal representation with extensive knowledge in dog bite cases. New Bedford Dog Bite Lawyer Gary Pacella is dedicated to tackle such cases with thoroughness and sensitivity, ensuring victims receive fair compensation for their ordeal.

Damages in Dog Bite Cases

• Medical Bills: Medical expenses can quickly add up after a dog bite. This category includes the costs of emergency care, hospitalization, surgeries, medications, and follow-up visits. These are considered economic damages because they involve measurable financial losses.
• Lost Income: If you are unable to work while recovering from your injuries, lost wages may be a significant concern. Lost income represents the money you would have earned during the time you were unable to perform your job duties, and it also falls under economic damages.
• Future Treatment Costs: Severe dog bite injuries may require long-term medical attention, such as physical therapy, reconstructive surgery, or psychological counseling for trauma. Future treatment costs account for these anticipated expenses and are calculated as part of economic damages.
• Lost Earning Capacity: If the injuries from a dog bite impact your ability to work in the future, you may be entitled to compensation for lost earning capacity. Whether it’s a temporary disruption or a permanent disability, this is an economic damage that helps account for diminished opportunities to earn income.
• Pain and Suffering: Pain and suffering damages recognize the physical pain and emotional distress caused by the dog bite. They include trauma, anxiety, loss of enjoyment of life, and other non-tangible impacts. These damages fall under the category of non-economic damages, as they do not have a straightforward monetary value but significantly affect a victim’s quality of life.

Dog Bite Statute of Limitations

In Massachusetts, the law provides a crucial set period referred to as the statute of limitations, shaping the timeframe in which a dog bite victim can file a lawsuit. Understanding and adhering to the statute of limitations is vital in a dog bite case, as this law provides a three-year window from the date of the bite incident in which to initiate legal proceedings. If you have suffered a dog bite, this means that you have exactly three years to bring your case to court.

Why is this information indispensable? The statute of limitations is paramount because it safeguards the legal integrity and efficiency of the process. Over time, evidence may degrade, witnesses’ memories may fade, and overall it becomes increasingly difficult to ascertain the facts and ascertain liability accurately. By placing a deadline on when lawsuits can be initiated, the court system aims to ensure that claims are made while information about the incident is still relatively fresh, promoting a fairer and more efficient legal process.

As such, it is crucial to secure diligent and well-versed legal representation, who understands the dog bite laws specific to Massachusetts, including the specific timeframe of the statute of limitations. New Bedford Dog Bite Lawyer Gary Pacella is well-equipped to help you navigate the complexities of a dog bite case, ensuring that you submit your claim within the regulated timeline, thereby serving justice for you as a dog bite victim and ensuring that your rights to compensation are uncompromised.

Settlements in Dog Bite Cases

Often, dog bite cases can be resolved outside of the court system through a process known as settlement. This means that both parties come to an agreement on the terms and conditions of how the matter should be resolved. However, it is crucial to note that deciding to settle a case instead of going to trial brings with it both advantages and disadvantages.

On the one hand, a settlement can provide a faster resolution to a lawsuit. Taking a case all the way to trial can be a lengthy, arduous process. A settlement simplifies this by circumventing the formal litigation and court proceedings. This allows the victim to quickly move forward from the incident without the stress or burden of a prolonged legal battle. Moreover, in many instances, a settlement can also guarantee a certain level of financial compensation, while court trials can come with an element of unpredictability.

On the other hand, there are some drawbacks to a settlement. One key point to recognize is the release of claims that is typically attached to settlements. This means that once a victim settles, they are often prohibited from further pursuing any legal claims related to the dog bite incident. Therefore, if the injuries end up being more severe or long-lasting than originally perceived, the victim might not be able to seek additional compensation thereafter.

Given the complexity of the issues surrounding settlements and court trials, it is highly recommended to consider the implications carefully before deciding upon either route. An experienced law firm like ours, with a strong reputation in handling dog bite cases, would be beneficial in guiding the victims towards the most appropriate choice.

Let Us Help You Pursue Compensation

Suffering from a dog bite can be tremendously distressing, and when burdened with medical bills and other losses, the process of claiming justice can feel daunting. With New Bedford Dog Bite Lawyer Gary Pacella you’re not alone. We always stand by dog bite victims, ensuring they’re heard, protected, and compensated. Be it the rigorous documentation, negotiation with insurers, or meticulous evaluation of damages and potential settlements, we consistently strive to leverage our extensive understanding of dog bite laws for your benefit. Our pursuit doesn’t stop at delivering justice; it extends to securing the maximum possible compensation that assists in your recovery and gives you peace of mind. To reinforce our commitment, we offer a Free Consultation, which provides an opportunity to discuss your case, gain clarity, and explore how we can help you navigate through these challenging times. Remember, the law is on your side, and so are we. You can reach us at 508-525-4147.