When a person is bitten by a dog in New York, it can be a scary and painful experience. Many people do not know what to do next or what kind of help they can get. If this has happened to you or someone you care about, you may be wondering what compensation can you expect in a New York dog bite case. It is important to understand your rights so you can get the help and money you need to recover.
Who Is Responsible for a Dog Bite in New York
In New York, dog owners are responsible if their dog hurts someone and they knew the dog had been dangerous before. This is called the “one bite rule.” If the dog bit someone before or acted like it might bite, and the owner knew about it, then the owner can be held liable. If the dog never showed signs of being dangerous before, the rules are different. But the owner may still have to pay for some of your medical bills if the dog was not on a leash or the owner was careless.
What Kinds of Compensation Are Available
The money you may be able to receive in a dog bite case depends on the injuries you suffered and how the bite affected your life. The court can award you money for several different things. One of the most common types is payment for medical bills. This includes costs for the hospital visit, doctor’s appointments, medication, stitches, or even surgery if needed. If you need physical therapy or future treatment, that can also be included.
You may also be able to get money for time missed from work. If you had to stay home to heal or go to the doctor, you may have lost income. The court can make the dog’s owner pay you back for those lost wages. In some cases, you might not be able to return to work at all or might have to change jobs because of the injury. That may lead to more compensation.
Another important kind of compensation is for pain and suffering. This refers to the physical pain and the emotional stress that came with the bite. If you were scared, had nightmares, or felt nervous around dogs after the attack, those feelings matter. They can have a big impact on your day-to-day life. Pain and suffering can be harder to measure than medical bills, but they are just as real.
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Scarring, Disfigurement, and Emotional Harm
Dog bites can cause deep wounds that leave permanent scars. If the bite happened on your face, arms, or legs, the scar might make you feel embarrassed or uncomfortable in public. This kind of long-term harm can lead to more compensation. Emotional harm is also something that is considered by the court. If you are afraid to go outside or have flashbacks of the attack, this can be part of your claim too.
Children who are bitten by dogs often suffer a lot, both physically and emotionally. They may need therapy or counseling. In cases involving children, the law may provide extra care when looking at how much compensation they should get.
When Can You File a Claim
In New York, there is a time limit for filing a dog bite claim. This is called the statute of limitations. You usually have three years from the date of the bite to take legal action. If you wait too long, you may not be able to recover any money at all. That is why it is important to talk to a legal professional as soon as possible. There are some exceptions, such as when a child is bitten, which may give the family more time.
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Proving the Dog Was Dangerous
To get the full compensation you deserve, you may need to show that the dog had a history of being dangerous. This might include past bite records, complaints from neighbors, or times when the dog acted aggressively. If the owner had warning signs and did not take steps to protect others, that could strengthen your case.
Sometimes, it is possible to get video or photo evidence, especially if the bite happened in a public place. Witnesses can also be helpful. If someone saw the attack, they can explain what happened. A police report or animal control report is also a useful part of proving your claim.
What Happens If the Dog Owner Says You Were at Fault
In some cases, the dog’s owner might argue that you caused the bite. They may say you teased the dog, ignored warning signs, or were trespassing. These kinds of arguments are meant to lower the amount of compensation you receive or stop the claim altogether. But even if the dog owner blames you, you may still be able to recover some money. New York uses a rule called comparative negligence. This means you can still win your case even if you were partly at fault, but your compensation may be reduced based on your role in the incident.
The Role of Insurance in Dog Bite Claims
Many dog bite claims are handled through the dog owner’s homeowner’s insurance. If the owner has insurance, that company might cover your injuries. This means you could receive compensation without going to court. But insurance companies do not always offer a fair amount. Sometimes, they offer low settlements to save money. If that happens, you have the right to negotiate or go to court for a better outcome.
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It’s also possible that the dog’s owner does not have insurance. If that is the case, you may still be able to sue the owner directly, but collecting money might be more difficult. Your attorney can help you look at all the options available and choose the best path forward.
Steps to Take After a Dog Bite
If you have been bitten by a dog in New York, it’s important to act quickly. First, get medical care right away. Even if the bite looks small, it can become infected. Make sure a doctor looks at it. After that, try to get information about the dog and the owner. If there are witnesses, ask for their names and contact information.
If you can, take photos of your injuries, the location of the bite, and the dog if it is safe to do so. File a report with animal control or the police. This creates a record of what happened and helps with your case. Finally, speak with a legal professional who has experience handling dog bite cases in New York. They can guide you through the process and help you understand what compensation you may be entitled to.
How Courts Decide the Value of Your Case
No two dog bite cases are the same. The court will look at many things to decide how much money should be awarded. This includes how serious your injuries are, how much your medical bills cost, whether you missed work, and how the bite has affected your life overall. The court may also look at the dog’s past behavior and the actions of the owner.
In some rare cases, the court may award something called punitive damages. This happens when the dog’s owner acted in a very careless or harmful way, such as ignoring many warnings or letting a dangerous dog roam free. Punitive damages are meant to punish the owner and send a message that their behavior was wrong.
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Getting the Help You Deserve
Dog bites can leave lasting scars both inside and out. If you or someone in your family has been attacked by a dog, you have the right to seek help. The law in New York is here to protect people from dangerous animals and careless owners. You do not have to go through this alone.
If you’re wondering what compensation can you expect in a New York dog bite case, the answer depends on your injuries, the facts of your case, and how the dog’s owner acted. But you do have the right to seek medical costs, lost income, pain and suffering, and more.
Let the team at Andrews, Bernstein & Maranto, PLLC stand by your side. We understand how frightening a dog bite can be and we are here to help guide you toward the justice and compensation you deserve. Contact us today to schedule your free consultation.