law 7/7/2020 – Personal Injury / Finding the Right Lawyer – gtg

Each of our nine lawyers is highly trained to handle a variety of types of cases, including boating accidents. Our boating accident attorneys can help with offshore and maritime injuries.

Personal Injury – Injured in an auto or boating accident?
Workers’ Compensation – Injured on the job?
Offshore and Maritime Injuries – Were you injured in a boating accident or on the job while working on the high seas?
Social Security Disability – Are you completely unable to do any work?

We are one of the most successful law firms in Texas. Founded in 1969, our nine attorneys use their 135 years of combined experience to help people all over the state get the compensation they deserve. When you come to our firm for legal help, we’ll assemble a team of experienced professionals to research your case and guide you through the legal process. We specialize in personal injury cases, including automobile and commercial trucking accidents, wrongful death cases, workers’ compensation claims, and social security disability cases. Our boating accident attorneys also help victims of boating and maritime injuries.

It Won’t Cost You Anything To See If We Can Help

If you have questions about your rights or believe you may have a case, call our office for a free legal consultation. Let our family help your family. If you have a legal problem, the sooner you call, the better chance you may have of getting a fair settlement.

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Just because someone graduated from law school, it doesn’t automatically make him competent. Read this article to learn how to choose the right type of lawyer for your situation. You’ll be thankful you did.

Talk to a lawyer about their history. Not all practicing lawyers are successful. An attorney may have a valid license, but not be very good. Research his record to be assured he will do the job well.

If a lawyer is desperate for you, then don’t hire them. Typically, these are scams that can financially hurt you. Spend some time researching lawyers and get the very best one you can.

Consider having a lawyer on retainer to prepare for the worst before it happens. This will allow you not to be under too much pressure so you’re able to take some time when you’re looking for a trustworthy lawyer. A retained lawyer will also be able to answer any questions that come up throughout your life.

You need to touch base with your lawyer on a specific schedule. Lawyers often disappear for long periods. Making your expectations known from the start will prevent this problem.

Having an open line of communication with your lawyer is very important. If you have deadlines with regards to your case, you need to supply your lawyer with all the necessary information that is needed. Your lawyer will be able to prepare a better defense if you share new details regularly.

Your case may languish if your attorney is busy with some other cases. Ask the lawyer directly to see if he has time to handle your case. They should be honest about their schedule so you can find a lawyer who has the time you need to get the job done.

Good chemistry and communication with your attorney is critical to a great working relationship. If you don’t like your lawyer’s personality, it only makes things harder. Find a lawyer that has a personality that works well with your personality.

Know your case inside and out before hiring an attorney. If you’re not sure about what you need from a lawyer, how are you going to locate one that is knowledgeable about a case such as yours? Do a little homework on your situation. This will ensure you make the right decisions going forward.

When a loved one dies it can leave you with a mess of bills and paperwork. Worker’s compensation not only protects the worker, but it also protects the immediate family. Having a lawyer can make the whole claims filing process so much easier. They know exactly how to help you.

Look into legal aid if money concerns you. Offices of legal aid can recommend lawyers who will offer “pro bono” services. Lawyers often dedicate time to work on cases for those who can not afford legal representation but are in great need of it. You can often find legal aid offices listed in the white pages.

Settle on the amount of time and money you wish to invest in procuring a lawyer. Ensure you include lost income from not being able to work. Put in time for research to find out all the costs the lawyer has and what it will do to your budget. Spending thousands is unnecessary if you can find a way to spend less.

Not all lawyers are created equal. It’s important you know which lawyer will be the best for your needs. Think about these tips and choose carefully. Good luck!

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How To Know If Your Lawyer Is Right For You

A lot of people have no idea where to start searching for a lawyer. There is so much competition in the legal field, it can be overwhelming to narrow down prospects. The following article will give you a heads up on what you need to know about hiring an attorney.

Rule number one of hiring a lawyer: Ambulance chasers are bad news. This is a common practice among scammers and unscrupulous legal types; it is often seen when there is a large cash settlement up for grabs. Do due diligence in order to get the best attorney on your own terms.

Be sure that you can always contact your lawyer. Some lawyers are hard to get ahold of. If your attorney is off playing golf, you would not wish to be left wondering about what could have happened.

Define your case before seeing a lawyer. You might not need a lawyer at all. Are you divorcing your spouse? Were you arrested? If none of these apply, you still might need a lawyer for a professional opinion on financial or business matters.

Real Estate
When you are in a real estate legal situation like selling or buying a home, or even being sued about a place you rent or sold, hire a real estate lawyer. This will help you to be sure that you can deal with the case quickly and get a judgment in your favor so you have a good outcome.

Everything you tell your lawyer has to be kept confidential. That means they cannot share the information with anyone without your permission.

You need to touch base with your lawyer on a specific schedule. Many lawyers get hired and won’t communicate with their clients for long periods of time. Establishing a schedule early on will help you avoid these types of problems.

You need to figure out what your budget will be. If you are the plaintiff in a civil suit, you need to consider whether suing your target is worth the cost. Research the fees and charges of any lawyers you consider. Chat with them about the budget you have and what you need to happen. It is important to understand what the average cost of your case should be and what may affect your costs.

Hire a lawyer who specializes in cases such as yours. Lawyers are good at everything from real estate law to things like criminal law. Finding a lawyer who specializes in your type of case will help you out down the road.

You can save time and money by making sure you have all the information and paperwork necessary before your first consultation. Having all the necessary information on hand will help the attorney give you an accurate estimate of fees. Efficiency is the key to saving yourself some money.

Having a lawyer you can trust is vital. If you do not feel comfortable with the lawyer during your first few meetings, you will never have an ideal client-lawyer relationship no matter how experienced the lawyer is. This is important because you have to be honest with your lawyer all of the time.

Do not assume the first lawyer you meet with will be the one you eventually choose. You will almost always come out better by doing some research and investigating each attorney that you are considering. Fortunately, you read the article above, so you have a wealth of knowledge to help you as you embark on your search for the best lawyer for you.

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The Easy Way To Find A Great Lawyer

Do you need some legal assistance? Whatever the case is for why you require a lawyer, know that it’s frustrating to find one sometimes and costs some money too. This article has tips on how to find a great lawyer easily. Keep reading for invaluable tips that you can not afford to miss.

You should not hire the first lawyer you find for your case. Make sure you do your research wisely, as failure to do so may have steep consequences for you! Make inquiries and learn everything possible about your best prospects.

If you come across a lawyer who is actively looking for you, avoid hiring them. This is likely to be some sort of scam, particularly if you are dealing with an expensive issue. Do your research and create a short list before approaching anyone.

Never hire a lawyer if you feel even in the slightest uncomfortable with them. This goes for the fee arrangement, too. Don’t give a blank check to them! Figure out the fees upfront so that you’re able to control what the costs are before losing control of them while your case is going on.

You need to make sure you’re asking enough questions. Your lawyer should be able to provide you with answers to your questions. It’s their duty to ensure you are satisfied with their knowledge level and experience. If you are not comfortable with a certain lawyer, then you need to look elsewhere.

You can succeed when you and your lawyer have a good relationship. If you aren’t comfortable with a particular lawyer after you meet with them, you won’t ever establish a good working relationship regardless of that lawyer’s experience and credentials. Make sure to trust your instincts and look for a lawyer whose personality meshes well with yours.

Use online resources to find a great lawyer. Most attorneys will have a presence online. Look-up the firm online and make sure their site is professional looking. If the site isn’t all that great, you may want to think about the possibility that the lawyer’s practice isn’t great either.

You should never hire a lawyer without first meeting them face to face. An in-person meeting will help you see how they act and how professional they are. Hiring a lawyer that you haven’t met yet may turn out to be a mistake. A meeting will let you know how you interact with the lawyer.

You should hire an attorney based on more than just his expertise. You need to use the skills they have, but you must also keep in mind that you will have to spend a great deal of time working with them on your case. Because of this, it is essential that you get along with your lawyer personally for the best results.

Malpractice insurance protects your lawyer from damages caused by legal missteps. They don’t want these premiums to go up, so they will focus on completing your case in a way that is legal and morally responsible. Trust your lawyer to want to do good by you.

Make sure to interview many potential attorneys, even if the one you meet with first feels like the right one. A legal issue may not resolve itself quickly, so you’ll need to be comfortable with your lawyer in the long run. Choosing the best one at the beginning can make a world of difference.

Would you marry someone after your first blind date? You probably wouldn’t, so why hire any attorney that you just found? You need to audition lawyers as you would any other key employee, taking the time to review their education, background, and experience. Without these details, you will not know what you are getting into.

It does not matter what type of case you are involved in, you have the right to great legal representation.

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You should have weighty legal matters at hand.

You should never hire the first attorney that you meet. Do thorough research because the wrong one can end badly. Ask around and look for as much information as you can to get quality information.

Always ask for a lawyer’s history before agreeing to use his services. Just because he/she is a practicing lawyer doesn’t mean he/she is good. Be sure that you go over their past carefully so that you’re confident in their abilities.

Make sure your lawyer is easily reached when they are needed. You don’t want to be left wondering what’s going on just because your lawyer is out playing golf.

Ask your loved ones and family if they know any good lawyers. This can pay a lot of benefits down the road for you and save time.

Don’t hire a lawyer when you don’t feel very comfortable with them. This also includes how comfortable you feel with their fees too. Don’t give any lawyer a blank check! Get a cost estimate so you can keep costs low and do not let the lawyer have control over your wallet as well as the case.

Keep good records of every interaction you have with your lawyer. Take note of dates, time, subjects of discussion, and any mentions of billing issues. This will help you if there is any disagreement about charges that may appear later.

Research the fee schedule of fees you consider. Sit down and talk to the lawyer about your budget and whatever you hope to achieve. Know that cost overruns are possible.

When seeking an attorney, look for one who specializes in the sort of case you present. Knowing this beforehand and researching your options can save you much time later.

If that office takes a while to return any messages you leave, you should find another lawyer.

Use the Internet as a means to help you find a great lawyer. Most lawyers have a strong website that you can read through. Look through the website of the firm and see how professional it is. If the website seems amateurish, it may be a sign that the attorney is inexperienced.

Look into the educational background of your lawyer. A great school means that the lawyer is properly prepared to deal with a greater degree of application to their education. A lawyer that’s great may be from a school that’s not that great, but where an attorney got his education is something that can help you form an opinion.

You should not choose a lawyer without first meeting them face to face. Hiring someone you’ve never met can be a disaster. You can also see if you will get along.

Even if you like the first lawyer you meet, meet with a few more. Legal issues can sometimes take a long time; therefore, and that means you’ll need to know that you’re able to deal with your lawyer. Choosing the right lawyer can make a big difference.

Don’t hire a lawyer just because they have flashy television ads. While these may catch your eye, a lot of the time these lawyers hide behind ads because they’re not that good. There are more things to take into consideration besides this.

Tell your lawyer the truth about everything at hand. Your lawyer will take what you report and run with it to build a solid defense for your case. You should also keep in mind that your attorney is legally bound to keep your information confidential.

Don’t pay a retainer until you understand what you will get. Some lawyers want a retainer to even consider your case. This money is put on hold so that your lawyer will be available for consultation with you.

Talk with the lawyer. How long are they thinking it will take for your case to be resolved? You need to be sure that you’re realistic when considering what a good estimate as to how long your case will likely take. The case can be mentally taxing and charges can add up.

Lawyers are useful for things other than criminal defense. If you are running low on money and are considering filing bankruptcy, they will help you out. They also help with jobs or contractors.

Agree on what you’ll pay before you hire them. Most lawyers will let you pay them after you receive a settlement if you can expect one, but it never hurts to ask them about various payment plans.

You should put together some questions you want to ask the lawyers. You might consult with your lawyer by telephone or on the phone. Ask upfront if there will be a consultation fee for this discussion to ensure you don’t get a surprise bill.

Ask your attorney if he should appear with you to every court hearing. Sometimes a court appearance is a formality that you can handle yourself.

There is nothing fun about legal matters. They can quickly go from bad to worse if you don’t have adequate representation. With these tips, you are on your way to finding strong representation so that you’ll have the best chance of a good ending.

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Personal accidents can have life-changing implications for an individual on the physical, financial and psychological aspects of their life. The aspects are different techniques but are very much intertwined. Combined, they can devastate the victim’s life. While the pain goes away after a while and new memories come to erase the trauma gradually, the financial loss appears to be the biggest setback.

A personal injury can happen anytime and anywhere, on the road or office, and can permanently prevent the victim from working again. This means a huge financial setback. A victim can handle the situation by claiming adequate compensation for the personal accident injury.

Accident injury compensation enables the victim to obtain substantial financial compensation for the overall trauma and injury received. A victim can claim compensation either personally or with the help of a professional law firm.

Let us discuss the steps that will enable a victim to claim adequate compensation for the personal accident injury.

First, you need to find accident injury lawyers. They will take you through the entire process of an accident injury claim. Choose your lawyer well by checking out the credentials with your references. Professional help will always be handy.

Second, ensure that your claim for accident injury compensation is filed within the stipulated time frame. The time frame varies depending on the type of accident and the extent of the injury. Your accident injury lawyer will help you in this regard.

Third, you are the plaintiff (one who has been injured) and must show concrete documentary evidence that the accident was caused by the fault of the other party (car or your employer). Collect solid evidence that can be proven.

Fourth, the plaintiff must prove conclusively that the accident was caused not because of coincidence but because of negligence on the part of the perpetrator or the personal accident injury was caused intentionally.

Fifth, the case of a plaintiff becomes stronger if the attorney can conclusively prove that the injury received is going to prevent the plaintiff from attending work either on a long-term basis or permanently. This accident injury claim can be established as a rehabilitation injury and therefore, the costs can be recovered from the perpetrator.

However, the entire process of claiming compensation for personal accident injury is a lengthy and tedious process and can go on for a long time. The plaintiff must be prepared to fight a long winding battle. However, having skilled and specifically experienced attorneys will definitely enable the accident victim to claim the damages faster.

Hence, when you select an attorney, you must keep an eye on the experience and the previous record of the attorney in fighting similar cases for other clients.

If you have been injured as a result of someone else’s negligence on the road, at work, in a medical facility, or in a public place then you may be eligible to make a claim for accident injury compensation. Call our office for a free consultation.

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When it comes to conflicts pertaining to law, you should hire excellent lawyers to represent your interests when you get involved in accidents. Experienced and reputable accident lawyers will definitely handle the trouble and stress concerning the accident you were involved in, whether it involves financial, physical, and emotional damages. Hence, the following steps will help you choose the best lawyer in every specific case.

You should choose an accident lawyer that has maintained a good record as well as experience and a successful negotiation record. Accident lawyers are trained to handle every case and settle it at minimum cost as much as possible. If lawyers could not negotiate successfully before a judge, they should handle it out of court. It is best to look for the right lawyer to help you settle your injury or damage incidents, one that you feel comfortable with and trust.

Our attorneys can evaluate your case fully and as well as being open with the aspects of his profession and your case. A lawyer who agrees to receive payments after he wins your case is the one that you should retain. Be sure to settle all financial concerns with the lawyer you hire including after case charges. However, as a client, you must read and understand the details of the terms and conditions that your lawyer presents to you before signing any documents.

First, you can use referrals from your friends or acquaintances about credible lawyers to handle your accident case. There are also reputable accident lawyers who post their official contact details on newspapers or yellow pages for directories of an injury lawyer. After you have gathered your choices of injury attorneys, you can ask to arrange for an appointment or meeting in preparation for your case. Just make sure to contact the lawyer that concentrates on injury or accident cases.

There are vehicle accident lawyers specializing in automobile or motorcycle accidents. So if ever you encounter a vehicle accident, there are lawyers that you can contact in helping you to safeguard your interests in the case. The following are some tips to help you choose a good vehicle accident lawyer.

First, check the Internet or yellow pages for automobile accident attorneys within your area. Make sure to choose a lawyer specializing in personal injury cases. Our firm offers services depending on the type of vehicle involved such as an 18-wheeler accident lawyer, motorcycle accident lawyer, or even train accident lawyer. For every type of accident and vehicle involved, make sure to pick the lawyer that has more than sufficient knowledge in your specific case.

Now, when you finally decide on which lawyer can help you best, contact him as soon as possible. Ask about the rate he offers as well as the number of cases he has handled and how many of them are successful. Lastly, take note of how your legal representative plans to handle and settle your case. Coordinate with him about the monetary aspects of your case.

If your car has damage that appears to make it unsafe to drive, call a tow truck. If it has any rubbing, squeaking, leaking, or doesn’t roll straight, call a tow truck even though it may not look like a total loss. Driving your car away from the scene conveys to an insurance company that your accident was a minor one.

Don’t assume that the police will talk to every witness or that all of the witnesses will wait around for the police to show up. If you are able, write down the names, addresses, and telephone numbers of all witnesses who stopped to assist you. Also, take a few photos with your cell phone if you are able. Skid marks, collision debris in the road, and damage to the other car are often hard to get and easily lost if not captured right away.

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If you are thinking of making an accident claim for a work-related accident, car accident, whiplash injury claim, or any other type of personal injury, you are more than likely wondering, “Can I Claim?”.

To answer this question of liability there is an old saying that has been banded about proclaiming that “where there is blame, there is a claim”. In some circumstances most people have no idea if they can make a claim or not as the question of liability is not obvious. For example, if as an employee you have been exposed to dangerous substances that were not visible such as asbestos during working duty. You could literally spend hours trawling the internet for the answer to your “Can I Claim?” question especially if it is not obvious who is to blame for the accident. A much quicker way to get free expert advice by searching google, yahoo, MSN, or any other search engine for an accident claim company that is a reputable claims management company or injury claims lawyer that specializes in accident claim litigation and contact them. Let them tell you if you have a claim, don’t waste time trying to find out the answer yourself. By doing this, you are letting the experts do all the hard work for you so that you can get on with something else. To be successful in your claim it is far better to get a specialized personal injury lawyer who will handle everything for you.

During the claims process, a personal injury claim for negligence accidents may involve many qualified experts that not only include injury lawyers but may include medical specialists, expert witnesses and product experts to help pursue your accident injury claim. A better chance of success in your claim relies on specialized personal injury lawyers that can help with all of this. All you do is truthfully answer their questions, and attend a medical examination if required. Most injury claim cases are settled without the need for you to ever go to court.

As a general guide to the time limitation for making a claim, the injury claim would need to be submitted within two years of the accident happening or date of knowledge of the accident in the case of industrial disease or medical negligence claims. The limitation period is also two years for a criminal injury claim.

Important questions to ask any accident claim company or personal injury specialist lawyer:

-Will I get 100% Compensation without any deductions?

-Will a personal injury lawyer be handling my case and will they be experts in their field of personal injury accident law?

If you’ve been involved in an accident and are looking to claim accident compensation for personal injury or are looking to get answers to the “Can I Claim?” question, then make sure that you get free accident claim advice from a reputable law firm without obligation as soon as possible.

If you have been involved in an accident that was someone else’s fault, it is important that you retain an accident claim specialist that can help you successfully make a personal injury claim.

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dog bite 6/29/2020 – gtg

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Dog bites are an ever-increasing problem, and it is children who most often suffer from attacks. The Center for Disease Control estimates that, nationwide, more than 900,000 dog attacks each year require medical attention. Bites are often caused by negligence or recklessness, and serious injury or death may result. Injuries may include but are not limited to, permanent scarring, nerve damage, infections at the site of the wound, and psychological scars, especially in children. Law provides for money damages to cover a significant variety of losses including medical bills, pain and suffering, mental anguish, loss of consortium, humiliation, embarrassment, impaired enjoyment of life, and future medical bills.

Damages can be recovered through Dog Bite Laws or through Common Law.

A dog bite victim can recover compensation under a special statute. Protections afforded by the dog bite law expand upon those provided by common law. There can be a liability even if there was no vicious behavior prior to the attack, and even if the owner had no reason to believe the dog would behave in a violent way.

Common-Law Remedies
In addition to a dog bite statute, those injured by dogs can also recover under the common law. However, the plaintiff must prove that the dog owner’s negligence caused the injury. In the law, negligence is defined as a lack of ordinary care. Ordinary care is what a reasonably prudent person would have provided in similar circumstances. Lacking ordinary care, damages can be sought from a defendant for his/her negligence under common law.

Realize that an owner also can incur liability for non-bite injuries. Injuries suffered by an animal are also addressed.

Liability can also be imposed on one that is not the actual dog owner, such as a landlord. The dog bite law does not address non-owners, but common law does. Those that don’t own the dog, but are caring for it, harboring it or keeping it in any way can be held liable under the principle of ‘Scienter’. However, a non-owner must be proven to have had foreknowledge of a dog’s vicious propensities. Otherwise, a non-owner cannot be held liable.

After An Attack Seek Medical Help
If you, your child, family member, or an animal that you own is the victim of a dog bite, seek immediate medical attention, and gather and preserve evidence. Immediate efforts to sterilize the affected area with hydrogen peroxide or alcohol are important to limit the chance of infection. Wrapping the wounded area with gauze bandages can limit the degree to which bacteria can enter the wound. if there is bleeding, elevating the area to reduce bleeding can be helpful.

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The American Humane Association reports that over 4.7 million dog bites are sustained every year. A majority of these bites occur near a victim’s property with an about the equal number being caused by dogs that are chained and by dogs that are unleashed. Residents enjoy stricter laws regarding owners’ liability and can generally be compensated for injuries that they sustain after they are bitten by a dog.

Dog Bite Laws
Each state is allowed to set its own laws regarding personal injury claims, including statutes and case law pertaining to dog bites. Some states have a “One Bite” rule in which the first bite that a dog makes will not result in liability against the dog owner. In these states, the dog owner’s knowledge of his dog’s history of violence or propensity of violence is determinate of his liability. Texas laws do not act in the same manner. Texas has a strict liability law regarding owners’ liability. If a dog bites a person who is legally on the property, the dog owner will be held liable for the injuries that the victim sustains. If the victim was contributed to the dog bite due to his own negligence, the percentage of his negligence that contributed to the dog bite will reduce the jury award by the same percentage. If a person exercises control over the dog but is not the owner, he can also be held liable for the injuries that result.

Types of Injuries Related to Dog Bites

Dog bites can result in several serious injuries. 71% of injuries occur in the arms, hands, legs, and feet. Victims may have large, gaping wounds that are caused by dog bites. They may incur lacerations. They may develop permanent scars due to the dog bite. They may also be infected by bacterial or rabies infections. Many dog bite victims also sustain psychological trauma because of a dog bite and may have a fear of dogs for the rest of their lives.

Types of Damages Related to Dog Bites

The owner or person in control of the dog can be required to compensate the victim for his injuries. The victim can recover medical expenses, including the expense to visit the emergency room, surgeries, plastic surgery, and prescription medicine. Income that victims lost due to having to seek medical treatment and to recover from the wounds can also be compensated. Victims can also recover for pain and suffering and any mental distress that resulted due to the sustained dog bite.

Actions After Sustaining a Dog Bite

The Centers for Disease Control and Prevention states that over 800,000 people seek medical treatment after sustaining a dog bite each year. Nearly half of these victims required treatment in an emergency medical services center. Injured victims may receive preventative treatment for Rabies and Tetanus. Many victims retain the services of personal injury attorneys and dog bite injury claims represent over $1 billion in jury awards and settlements each year.

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Owner’s Liability For Dog Bite Injuries

Liability Varies from state to state.

State Laws, as well as numerous local laws and rules, determine if the owner or others are responsible for dog bite injuries. (” owner” is used to refer to the dog’s owner, as well as the dog’s custodian, caretaker, keeper, harborer or anyone else who may be liable)

Statutory strict liability: a legal principle applies in most states holding that a dog owner is strictly liable and will always be held responsible for the injuries their dog causes to others even if there was no reason for the owner to know that the dog was dangerous (with certain exceptions such as if the victim was trespassing). Under these governing laws, in order to prove liability, there is no requirement to prove any fault or negligence by the dog owner: one does not have to prove that the dog owner knew of the dog’s propensity for biting or reasonably should have known the dog to be dangerous order to achieve compensation.

Dog bite strict liability statutes exist in the following states: Alabama, Arizona, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Utah, Washington, West Virginia, and Wisconsin.

One Bite Rule (also known as “One-Free-Bite Rule”: The balance of states have put in place a higher standard of proof in order to hold the dog owner liable for the dog bite injuries: under the “one bite” rule the owner is not liable for the first bite injury unless it was caused as a result of owner’s negligence. Any time a dog bite occurs after that “one free bite”, the owner is held to strict liability for harm caused by the known dangerous dog. The “one-bite states” are as follows: Alaska, Arkansas, Colorado, Georgia, Idaho, Kansas, Maryland, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Virginia, Wyoming.

Tests for A Dog’s Dangerous Propensities in One Bite States: The test for determining an owner’s negligence-of whether the owner “reasonably should have known about the attacking dog’s dangerous propensities-is not always straightforward, and the determination could vary by jury. Some of the indications used to demonstrate a prima facie case of owner’s knowledge, apart from the obvious indication of past records of attacks or bites are: if the dog was used as a guard dog, if signs are posted all over the property warning all to beware of a dangerous dog, if everyone in the neighborhood sees the dog barking violently, jumping up against the fence, growling, and just generally demonstrating an angry truculent personality; if the dog is kept fenced and muzzled.

“One Bite Rule” States do Not Literally Require That A Dog Have Bitten Previously to Hold The Owner Liable:
The “one-bite rule” language should not be taken literally. Therefore, dog owners definitely can and have been held liable for dog bite attacks even if their dog had never bitten anyone previously (ie. Take the case of a vicious guard dog that has been carefully muzzled and fenced and on a leash his entire life, and thus has never bitten anyone. If one day the owner recklessly decides to let the guard dog free and it violently mauls the first person it sees, that owner would almost certainly be held liable-despite it being the dog’s first bite ever.) Conversely, even if a dog had bitten someone 10 years ago when it was younger, if a dog had mellowed to the point where it had not shown any aggressive tendencies for the past ten years, a jury could very likely hold the owner not liable if the dog suddenly without warning ends its ten years of docile behavior and decides to bite the mailman. In this case, even though there was a prior bite, the jury may find no liability.

Injuries from Dog Bite Attack or Injuries Incurred While Running Away from a Dangerous Dog. It should be noted that most “strict liability” rules only apply to actual dog bite injuries. It is often necessary to allege additional recovery theories under common law or negligence theories in order to recover from non-bite injuries arising out of a dog bite attack. In the event the dangerous propensity test has been met to show owner’s negligence, a dog’s owner can also be held responsible for non-bite injuries such as bruises, broken bones, and other miscellaneous injuries incurred even if the dog never actually touched the victim, such as in the case where victim narrowly escaped from an attack dog by running in his car and breaks his hand against the car door in a rush to escape the attack. There can be owner liability for indirect injuries of this type.

Exceptions to Liability: There are certain circumstances where a dog bite victim may not be able to recover, regardless of what state or city the dog bite attack occurs. Generally, if a victim was bitten while trespassing, while provoking or attacking the dog, while committing a crime, while providing professional services to the dog (like a veterinarian) or if the dog was a police or military dog on duty.

Local and city rules and ordinances requirements for dogs often impose other mandatory requirements on dog owners such as licensing requirements, the limit of the number of dogs/pets per household, leash requirements, vaccine and other shot requirements such as distemper, cleanup of dog waste droppings anywhere except the dog owner’s private property

“Negligence Per Se” Violation of Leash Laws, etc.
There is a presumption that a dog bite attack that occurs during the time of a violation of a local ordinance or rule such as violating a leash law, automatically renders the owner responsible for any injuries caused by a dog during such violation. Although there are exceptions to this, generally this “per se” negligence principle is applied by the courts. The “per se” negligence principle is also applied to hold dogs liable for damages caused if the dog is committing trespassing on another’s property without permission (express or implied), or if the dog is off the owner’s property or is running free in violation of a law prohibiting such actions.

Defenses are available in dog bite attacks.
The actions of the victim just prior to the dog bite attack are an important factor in determining whether the victim can hold the dog’s owner liable. Often no viable claim exists if, just prior to the dog bite attack, the victim attacked, kicked or otherwise provoked the dog, or if the victim as trespassing, committing a crime, or the dog was a professional working with the dog.

Statute of Limitations: Note these very strict procedural restrictions on bringing a claim-they are designed to prevent a person from waiting too long to take action on their claim.
There is a time limit for bringing a dog bite claim for your injuries and this is called a “statute of limitations”. It is the time deadline by which the victim of a dog bite attack must bring a claim against the dog’s owner or other responsible party. The specific “statute of limitations” time deadline varies from state to state, and one must be very careful to read the correct statute of limitations that applies to the circumstances of one’s case. The general time to bring a case is from one to six years (it can vary if it is a government entity being sued or a child victim in the dog bite attack) and it generally runs from the time of the dog bite incident. Courts are very strict in requiring compliance with these time limits you are advised to act promptly in order to ensure that your rights to recovery are not lost forever for missing the deadline. In addition, there are several states with a confusing tricky statute of limitations under which an apparent two-year statute of limitations for dog bites may apply only to certain dog bite liability theories while other theories may be governed by other shorter statutes. So beware that all the possibly governing statute of limitations are researched and noted that no avenue of compensation is lost inadvertently.

Court Cases Involving Dog Bite Attacks:
At times, owners of dogs can be held criminally liable for the acts of their dangerous dogs.

Owner of Vicious Attack Dogs Sentenced to 15 Years in Prison for Murder
A Supreme Court reinstated a second-degree murder charge against a woman who was convicted as the owner of two guard dogs that viciously attacked and killed a 33-year-old woman lacrosse coach in the hall of her apartment building. She died from 77 wounds to her body from the vicious attack while, according to the court records, the dogs’ owner was present and did nothing to try to stop the attack, “showing a conscious disregard for human life. A lower court had reduced the charge to involuntary manslaughter in 2002, but this reduced sentence was overturned. The now imprisoned owner had adopted the two deadly guard dogs from her adopted son, a prison inmate white supremacist who had been planning to start a guard dog company.

Criminal Charges Brought Against Owner Of Two Attack Boxers
Criminal felony charges were brought against the owner of two boxers who attacked a veterinarian and mother walking her sons. The woman had been walking with her two sons when she saw one of the boxers heading to attack her 8-year-old son. She said maternal instinct caused her to immediately jump on the first attacking boxer to protect her son and moments later, a second boxer appeared and the two boxers together mauled her as her two boys climbed a fence to safety. She said the two boxers treated her like a “chew toy”, and as the two attacked her, it was a complete blur of screams, growls, pain, and lapse of consciousness. One boxer dragged her across the gravel while the other one lunched on her side. The vicious attack stopped when the wife of the dog’s owner came out of the house with a rake and started banging it and yelling at the dogs to stop. The victim was hospitalized for six days after the attack by the two dogs receiving treatment for bites over most of her body. She was sutured in twenty different areas for bites on her head, right ear, legs, and arms. She suffered a severed bicep, a hole the size of a fist in her leg, and all together incurred over $150,000 in medical bills. Her insurance only paid $100,000 of the bills, leaving her obligated to pay the additional $50,000. The felony charges are being brought because animal control had warned the owner previously of the dangerous nature of the two boxers after they bit someone else in 2004.

Civil Liability Cases: Dangerous Dogs: 63-Year-Old Woman Attacked by A Pit Bull Terrier
A 63-year-old woman weighing 127 pounds was viciously attacked by a 3-year-old male Pit Bull Terrier named Dozer who weighed 80 pounds. The attack was over in seconds as the dog’s owner heard the attack and came running to stop it…saving the woman’s life according to bystanders. The woman says she was saved because she had the presence of mind to turn her back toward the pit bull terrier because she wanted to protect her face from the attack. It was a smart move. The dog gashed her thigh then bit into her arm causing 12 stitches and future surgery. “He was trying to kill me, I am just glad he didn’t get my face”, she said. Animal control officers have placed Dozer in quarantine and have issued citations to the owner for failing to license the dog, and for having a dangerous dog that caused serious injury to another. Under local ordinances the boxer could be kept even if found to be a dangerous dog but only if strict rules were followed such as the construction of two fences, a warning notice regarding the dangerous dog, and that Dozer could only go outside with an adult, a leash and a muzzle at all times.

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Important Facts You Should Know About Dog Bites

A virtual epidemic of dog bite incidents is occurring: The number of dog bite attacks increases every year. There are more than four and a half million dog bite incidents yearly, one occurring every 30-40 seconds, with over 1000 dog bite injury victims going to emergency rooms and another 2000 receiving some kind of non-medical treatment for dog bite injuries each day. Financial losses exceed one billion dollars a year. Due to increasing dog population, increase in urban high-density living and the corresponding increase in the interaction between dogs and people in sidewalks and narrow environments, and the popularity of highly dangerous attack breed dogs, the number of dog bite attacks just keeps rising. Each person has a one in fifty chance of being bitten each year and that chance is increasing as all the factors leading to higher dog bite attacks coincide.

Over half dog bite injuries occur in the home with the attack caused by either the family dog or friend’s dog.

Half of those injured are children usually under ten years old; the majority of these injuries to children occur in the face and neck area of the body.

According to the US government, the most dangerous breeds with the highest risk of biting are the following: Doberman Pinschers, Alaskan Malamutes, Chows, St. Bernards, Akitas, Pit Bull Terriers, Rottweilers, German Shepherds and Huskies. Other reports include wolf-dog mix, and American Bull breeds as particularly dangerous.

Rottweilers, Wolf-Dog mix and pit bulls are responsible for a large percentage of the dog bite attacks each year: over 75% of the dog bite attacks that cause bodily injury to the victim; over 70% of the attacks on children; over 80% of attacks on adults; over 75% of attacks that cause maiming of the dog bite victim.

Most dog bite victims each year statistically are children, the elderly and postal service workers.

How and where do dog attacks occur?

One-quarter of attacks occur while the dog is chained
one-quarter while the dog is loose in the yard
20 percent while the dog is inside the home
17 percent while the dog is roaming off property
Puppies, more than adult dogs are likely to commit attacks.

Guidelines:

You should never allow a child to be alone with a dog, even one that seems friendly. Dogs can become territorial, frightened, threatened, or attack for any unexplained reason at all, unrelated to the child, and such attacks are often of the child’s face and neck and extremely severe.

You should never approach a strange dog in the dog’s territory, near a dog’s puppy, family, or food.

You should refrain from holding your face close to a dog’s face, startling a dog, or teasing or provoking a dog, especially if the dog is eating, sleeping, or with its puppies.

You should refrain from running from a dog that is attacking you, try to stand still, or if the dog has knocked you over, cover your head and face and roll into a ball; try not to act threatening to a dog by staring it in the face.

Note: These statistics are based upon reports issued by the US government and other research agency reports.

Information on Common Treatment of Dog Bite Injuries

Plastic surgeon guidelines on dog bite injury treatments state that the first priority is to ensure the bleeding has been stopped. In certain severe cases, especially among children who are often bitten in the face and neck, check must be made regarding hemorrhage from blood vessels around the head and neck must be checked.

Next, treatment must be carefully administered to prevent infection from occurring. The bites can present in the form of skin punctures, lacerations, cuts, crushing wounds, and fractures caused by the powerful jaw muscles of certain dogs. Plastic surgeons are often called in due to the fact that the dog bite attacks more often than not involve punctures, scarring, and disfigurement to the face, throat, nose, cheeks, and thus require the highest of specialized care. After cleaning, the wound is washed with a saline solution and a catheter is attached to allow irrigation to puncture wounds in order to limit infection.

Subsequent to irrigation, depending on the nature of the injury, the wound could be sutured or closed with tape. The wounds with higher liklihood of infection should receive antibiotic treatment while the lower risk wounds may be sutured unless infected. The following are considered high-risk dog bite wounds: any dog bite wounds in which the treatment has not occurred for over twelve hours, wounds involving the foot, ligaments, hands, tendons, bones, or punctures. Sometimes skin that is severely damaged from the bite must be cut, require grafting, reattaching, multiple surgeries involving removing skin from other parts of the body to attach to the wounded area.

Infections associated with dog bite wounds include sepsis, septic arthritis, osteomyelitis, tenosynovitis, and others. Tetanus records of the victim must be checked to ensure recent timely tetanus shots which must be administered, along with a check on rabies vaccination for the attacking dog, so that appropriate required vaccinations if any, can be administered to the victim.

Emotional and Psychological Trauma From the Dog Bite Attack

Even after the physical injuries from the dog bite wound have healed you will still very likely be experiencing psychological trauma from having gone through the frightening experience. Are you still reliving the frightening dog bite attack in your thoughts? Due to the vicious, sudden and surprising nature of many dog bite incidents, victims usually suffer from emotional trauma and this trauma often requires treatment by professional doctors and therapists who can assist you in best dealing with the emotional scarring and the post-traumatic stress disorder (“PTSD”) that often occurs. Especially among children who are often victims and who also may be traumatized by being witness to close personal attack of a loved one, the child will demonstrate anger, withdrawal, depression, all immediately or shortly after the incident. These are all normal emotional reactions to an extremely frightening and traumatic event that create long-lasting memories in a child’s brain. Scientific studies have led many doctors to conclude that a single severely violent frightening incident like a dog attack can lead a child to develop PTSD because a child is always looking at the environment and acting to maximize its comfort and survival. A severe event like a dog bite attack will often be construed as a general data input that all of life in general can and will be painful, frightening, and uncertain, especially if the child viewed a loved one being subject to severe and sudden attack by dogs. The child assumes such violent attacks will happen again, without warning like the first one. The child will replay the event continuously in its mind re-experiencing it and suffer from nightmares, flashbacks and general distress, often triggered by encounters or viewing of dogs similar to the injuring dog. In certain cases, the child may internalize the incident such that it is interpreted to mean the child is itself bad and brought it on through its own actions. These PTSD traumas can in some cases last through adulthood becoming an integral part of the adult personality. These PTSD symptoms may appear in a child or young adult immediately or not for several weeks or months after the dog bite attack. Alternatively, PTSD may diminish and resolve itself after time passes, but mental health treatment by a professional trained in helping children to cope with such occurrences is often recommended for at least a 12 week period generally required to alleviate the PTSD symptoms, through play therapy, and other psychotherapy treatments, sometimes assisted with medication. Children rely on support from family and friends to assist in recovery, to reduce depression, anxiety, and trauma of the PTSD disorder.

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What constitutes a dog bite in Texas?

The term “dog bite” is generally used in any dog attack. Generally, any dog who grabs a person with their mouth in some manner has committed a bite. In cases where the skin is unbroken or some external object (like thick clothing) prevents a skin rupture, the dog can still be liable for biting. In Texas, the dog bite victim must be able to prove that the dog bit them for a case to move forward.

What sort of evidence can I use to prove the dog bit me?

The most compelling and widely used bits of evidence are photographs and witness testimony. Pictures of the extent of the wounds as soon after they occur can provide the victim with a clear case of a dog bite. Pictures of any affected clothing and of the area where the attack took place (even after the attack) can also be extremely useful.

Medical records, such as paramedic and hospital reports regarding the dog bite can also help in proving that a person was injured.

Why should I hire a dog bite lawyer to help me?

Even if you have been approached by the dog owner’s insurance provider to settle your case without a lawyer you should contact our Law Firm.

You should never sign any paperwork related to the attack, agree to any settlement, or admit to any role in the attack without consulting a Texas animal attack lawyer for advice.

In many cases insurance providers will try and settle the case for far less than you are owed, deny responsibility, threaten the victim or their family with further legal action and more. Please contact us with any of your questions and learn how you can protect yourself from any legal problems. Our personal injury Law Firm provides free legal advice to anyone suffering from a dog bite.

What kinds of dogs are most involved in dog attacks?

The recent trend in dog bite cases has seen a rise in the number of attacks by pit bulls and Rottweilers. While these dogs by themselves can be very docile and kind, if they are provoked in certain ways they can be extremely deadly due to their muscular strength.

In many cases of dog bites in Texas, the dog owner played a significant role in creating a dangerous dog. Dog abuse and neglect, forcing the dog to fight other dogs and training the dog to be aggressive can all result in a dog becoming dangerous.

How serious are dog bites?

Throughout the United States, the number of dog bite and attack victims each year is estimated to be as high as 5 million people. Some 800,000 people need medical attention for their injuries and 1,000 people each day are sent to the emergency room for their dog bite-related problems. Many people die from their dog bite injuries.

More than half of the victims of dog bites are children, most of who suffer from some sort of facial disfigurement.

What if the dog owner was a relative or friend?

Even if you know the dog owner, they are still liable for the actions of their dog, especially when the dog attacks someone else. Having the legal assistance of a Texas animal attack attorney will protect you, not from the dog owner, but from their insurance provider.

Every dog-owning homeowner is required to be covered under their insurance provider. It is not the dog owner who is required to pay for your damages but their insurance company. Insurance companies can be notoriously unreliable in providing legally owed money, especially in dog bite cases.

How do I hire a dog bite injury lawyer?

Contact our Law Firm for a free consultation. Our lawyers have been handling personal injury and dog bite-related cases throughout Texas for years. We give free, no-obligation legal advice to anyone who contacts us.

If we are going to be your legal representation, we do not ask for any payment upfront. Most every dog bite case we handle is paid to us via a contingent fee. The contingent fee is a preset amount of your settlement only and is only paid to us if we win your case. There is no obligation on your part other than to let us protect you.

We never charge hidden legal fees and always factor your part of the contingent fee into any amount we agree to settle on. Please contact us today for any dog bite-related matter. We look forward to helping you.

Contact our team for a free consultation and let our smart, aggressive legal representation go to work for you today.

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