Who is Responsible for a Dog Bite?

For people who have been injured due to dog bites, the dogs’ owners can be held liable for the injuries. Any injuries or damages to the property done by the dog can be reasons for the dogs’ owner to be sued. Settlement can be pursued without the help of a lawyer, but most of the time the injured party often files for a personal injury lawsuit against the owner of the dogs. Filing a personal injury lawsuit would help in making the owner liable for the full extent of the damages and/or injuries that the incident has done; likewise, it helps in keeping the insurance companies to move on the lawsuit.

Filing for a personal injury lawsuit for dog bites is only necessary if you have a valid case and when the possible result of the case is worth the time and money you have put into it. There are certain differences between states on how they approach or handle dog bites in personal injury cases. In the state of Texas, for example, follows the two-year statute of limitations for personal injury lawsuits. Failure to file a case within the two-year period will forfeit your right for compensation, and the court will not hear your case on court.

Additionally, statues that include civil liability regarding dog bites are not followed in the state of Texas. Instead, Texas courts follow the Restatement of Torts section 509 that adopts the “negligence” or “one-bite rule” where the victim should be able to prove that (1) the dog’s owner was aware of the dog’s nature to bite and had acted aggressively before and (2) the negligent actions of the owner to restrain or control their dog resulted to the injuries or damages.

According to the website of the Law Offices of Williams Kherkher, of Houston, negligence rules can be applied to dog-related injuries, such as being knocked over by a large dog that resulted in significant injuries. There are exceptions to the rules, however, such as if the dog was being provoked or if the owner did not really know the aggressive nature of their dog. Likewise, the law does not apply to trespassers.

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When to File a Medical Malpractice Lawsuit

Most people think that getting press on their medical malpractice lawsuits would be enough to help win the lawsuit, but this is not always the case. Although there has been a lot of news regarding people filing for medical malpractice lawsuits as well on product recalls. These are often only about those who won their medical malpractice lawsuits. More often than not these verdicts result in the defense (the doctor or hospital) winning the case.

Among the most challenging things in a medical malpractice lawsuit is proving the doctor or hospital’s negligence and convincing the judge or jury about this negligence. The patient (or the patient’s family, in case of a negligent death) should be able to prove in court that negligence caused the injuries or death of the patient. This negligence can come in the forms of errors in prescription medications, mistakes with anesthesia dosages, or surgeries, delayed treatments, patient confusion, or poor medical staff communication. Unless the judge or jury sees that the doctor or hospital made a very obvious mistake, doctors or hospitals are often given the benefit of the doubt, acquitting them of negligence.

This is where the need to find a qualified medical malpractice lawyer becomes necessary. Medical malpractice is different from a standard personal injury case. As the website of Crowe & Mulvey LLP of New Hampshire suggests, medical malpractice lawsuits are a specialized area of personal injury law. If you want a strong lawyer as legal representative for your medical malpractice lawsuit, find someone who is disciplined in medical malpractice cases and is able to deal with the complicated nature of medical evidence. Next, it is vital to ensure that you hire a medical malpractice lawyer because most insurance companies will not negotiate a settlement when they believe that the lawyer does not have enough experience in medical malpractice cases.

Another factor that should be considered is the hesitation of doctors or hospital staff to testify against their fellow medical practitioner, therefore making them unavailable witnesses. Qualified medical malpractice lawyers, on other hand, have their team of qualified doctors who can become witnesses on their behalf. Lastly, because they are more familiar with these doctors and this type of cases, medical malpractice lawyers have the financial resources to back up their clients in need.

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