If you've been hurt in a dog bite incident in Charleston or Goose Creek, you don't have to handle the aftermath by yourself. At the Hopkins Law Firm, we focus on assisting victims of dog attacks to obtain the compensation they are entitled to. With years of experience in personal injury law, our lawyers are committed to safeguarding your rights and achieving justice.
Dog bite injuries can leave victims with enduring physical and emotional damage. Whether it's addressing medical costs, lost income, or pain and suffering, our team is here to advocate for you at every stage. We are proud to serve residents in Charleston, Goose Creek, and the surrounding Lowcountry area.
Establishing Responsibility in a Goose Creek or Charleston Dog Bite Incident
In certain situations, pinpointing the dog's owner is straightforward. They might have been walking the dog at the time of the bite, or the dog could have leaped over its home's fence to attack. However, when a dog is roaming freely in a neighborhood, park, or trail, identifying the responsible party can be more challenging.
Responsibility doesn't rest solely with the dog's owner. If a harness, leash, or collar fails, there might be grounds for a claim against the manufacturer. If the owner's fence was poorly constructed or installed, damages could be sought from the company responsible for its production, sale, or installation.
Your Goose Creek dog bite lawyer from Hopkins Law Firm will explore all possible routes for compensation. We will submit insurance claims when appropriate and initiate legal proceedings if necessary to seek justice for others' negligence. Dog bites can result in severe injuries and scarring for victims of any age, necessitating financial support for your medical costs.
Understanding South Carolina's Strict Liability Law for Dog Bites
South Carolina's strict liability statute holds dog owners accountable if their dog bites someone. This standard is more stringent than in many other states, which follow "one bite" rules requiring proof that the owner should have known their dog might bite. Some states demand evidence that the dog owner was negligent or failed to control the dog and prevent the incident.
South Carolina's law assigns liability to dog owners as well as handlers like dog walkers and trainers. The law excludes dogs working for the police or other government agencies if the attack is in response to a legal command or does not involve excessive force.
The S.C. statute (Section 47-3-110) states, “If a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the dog owner or person having the dog in the person's care or keeping, the dog owner or person having the dog in the person's care or keeping is liable for the damages suffered by the person bitten or otherwise attacked.”
If an attack occurs or a person is bitten, what the owner or handler knew about the dog before the attack is irrelevant.
However, South Carolina's strict liability law applies only to bites or attacks. It does not cover other types of aggressive behavior that cause injury, such as if a dog barks and growls and a frightened person falls while fleeing.
South Carolina Does Not Have a One-Bite Rule
In certain states, a dog is allowed one incident of biting without the owner facing legal consequences, often referred to as the "one-bite rule." However, South Carolina does not follow this principle. In South Carolina, the owner is held accountable for any incident of their dog biting a person, regardless of whether it is the first occurrence or not.
Common Injuries from Dog Bites
Dog bites can result in a variety of injuries, from minor cuts to life-threatening conditions. Some common injuries include:
- Puncture Wounds: Deep wounds that can lead to infections.
- Tendon and Nerve Damage: Severe dog bites can damage nerves and tendons, requiring surgical intervention.
- Scarring and Disfigurement: Some dog bite injuries can leave permanent scars, especially on the face, arms, or legs.
- Psychological Trauma: Emotional distress, including post-traumatic stress disorder (PTSD), is common among dog bite victims.
What Occurs After a Bite Is Reported
When a dog bite is reported, a series of steps are taken to ensure public safety and address liability issues. Initially, the incident should be reported to local authorities or animal control. This action helps document the bite and evaluate whether the dog has a history of aggressive behavior. Depending on the attack's severity, the dog may be quarantined to check for rabies or other health risks.
Legally, filing a report is an essential first step in building your case. It provides an official record of the incident, which can serve as evidence in court. After filing the report, you should seek medical attention. Even if the bite appears minor, prompt medical care ensures any underlying infections or injuries are properly treated.
Once your medical needs are addressed, consider contacting a dog bite attorney in South Carolina who specializes in dog bite claims. They can assist in gathering further evidence, speaking with witnesses, and initiating the legal process on your behalf. This can reduce the burden on you, allowing you to focus on recovery.
Compensation for Dog Bite Victims in South Carolina
With some understanding of dog bite laws in South Carolina, you might be curious about the compensation options for victims. Calculating the average settlement for dog bite cases is difficult due to the private nature of legal settlements.
Nevertheless, some statistics can offer an idea of potential values. For example, in 2019, State Farm's Insurance Information Institute noted over 300 insurance claims related to dog bites in South Carolina, with claim costs ranging from just under $32,000 to just under $56,000. While this data can be a reference point, it's crucial to recognize that each dog bite case is different, so these averages may not apply to your specific claim. Therefore, contacting a dog bite attorney in Goose Creek and Charleston shortly after an injury is essential.
Categories of Dog Bite Compensation in South Carolina
In South Carolina, personal injury cases, including those involving dog bites, recognize several types of damages. These damages generally aim to either discourage dog owners or assist victims, falling under Compensatory or Punitive categories.
Compensatory Damages for Dog Bites in South Carolina
Compensatory damages, often referred to as actual damages, aim to restore the injured party to their pre-incident condition. Essentially, these damages are intended to return the injured individual to the state they were in before the dog bite occurred. In South Carolina, victims of dog bites can claim two categories of compensatory damages: economic and non-economic damages.
Understanding Economic Damages for Dog Bites
When pursuing compensation for injuries caused by dog bites, it's crucial to consider economic damages, which account for the victim's tangible financial losses. These damages frequently cover costs such as medical expenses, medication, physical rehabilitation, therapy sessions, and lost wages. With lost wages damages, victims can recover the income they would have earned if they hadn't been unable to work due to their injury.
Understanding Non-Economic Damages for Dog Bites
Receiving compensation for quantifiable monetary losses is beneficial, but what about losses that can't be objectively quantified? These include subjective losses such as pain and suffering, emotional distress, and reduced quality of life. While these losses are difficult to quantify precisely, they can still be awarded by the court. However, proving non-economic damages can be difficult in South Carolina, which is why having a dog bite attorney in Goose Creek, SC, is crucial for victims and their families.
Punitive Dog Bite Damages in South Carolina
When pursuing compensation for a dog bite injury or attack, compensatory damages are intended to cover the plaintiff's losses, while punitive damages are designed to hold the defendant accountable for their wrongdoing. Punitive damages act as a deterrent to both the defendant and others, penalizing them for their actions and discouraging similar conduct in the future. However, punitive damages are not applicable in situations where the defendant's actions were simply negligent.
Instead, South Carolina law requires evidence of willful, wanton, or reckless conduct. Essentially, the defendant must have deliberately caused harm or acted without considering the consequences of the dog bite or attack. Demonstrating this level of intent can be quite challenging, particularly in South Carolina, which is why consulting a dog bite lawyer is advisable. Your attorney from Lauren Taylor Law will assist in identifying which types of damages are applicable to your case and will work tirelessly to secure the compensation you deserve.
South Carolina's Limitations for Dog Bite Claims
In South Carolina, the standard time limit for dog bite claims is typically three years. Failing to file a claim within this time frame can result in the loss of the right to seek compensation.
A significant exception to this rule is for claims on behalf of a minor. If the victim is under 18, the statute of limitations for dog bite claims can be suspended until the child reaches 18. This allowance gives families more time to evaluate any long-term consequences of the injury before pursuing legal action.
Some cases might involve complexities such as infections or permanent disabilities, which can affect when the injury is fully recognized. In these situations, the timeframe for legal action may depend on when the complete impact of the injury becomes evident. Although rare, it is advisable to consult with an attorney if such complications occur.
Can I Still Recover Damages If I Was Partially At Fault?
Yes. South Carolina follows a comparative negligence rule, which allows you to recover damages as long as you are less than 51% at fault for the incident. Our attorneys will carefully analyze the facts to maximize your compensation.
Insurance Coverage and Dog Bite Claims
When a household pet is involved in a dog bite injury claim, homeowners' and renters' insurance policies generally cover compensation owed to the injured party. These policies typically have coverage limits ranging from $100,000 to $300,000, as stated by the Insurance Information Institute. If the claim surpasses this limit, the dog owner is liable for any damages exceeding that amount.The Insurance Information Institute noted 17,802 dog bite claims across the nation in 2019, a 2.9% increase from 17,297 in 2018.
Nonetheless, insurance companies are typically hesitant to make substantial payouts for serious dog bite injuries. Many insurance adjusters are trained to propose low settlements or find reasons to deny or delay claims, hoping the claimant will abandon their pursuit.
If the Joye Law Firm represents you, we will not let the insurance company dismiss your claim or use bad faith tactics to avoid rightful payouts. Our personal injury attorneys have been obtaining compensation for accident and injury victims in South Carolina since 1968. With nearly 250 years of combined legal experience, our lawyers have consistently demonstrated their ability to achieve results.
The Legal Process of Filing a Dog Bite Claim
Having a South Carolina dog bite lawyer by your side can alleviate some of the overwhelming emotions you might feel after a dog bite injury. Dog bites can significantly affect you physically, emotionally, and financially. With a dog bite attorney from Shelly Leeke Law Firm advocating for you, you can focus on healing while we pursue justice and compensation on your behalf.
If you have suffered a dog bite injury, our team will assist you in resolving your claim to secure the maximum compensation available. The following steps are typically involved in this process:
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Hire a dog bite lawyer in SC from the Hopkins Law Firm. We will investigate the incident, collect evidence, and inform you of your legal options.
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We will determine who is liable under SC law for your injuries. This could be the dog's owner, but other possibilities include a hired dog sitter or dog walker, fence installer, or a parts manufacturer if a muzzle, harness, or leash failed.
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Our team will assess your losses and calculate the economic value of your dog bite injury claim. We will consider how the incident affected you and its future impact when estimating your claim amount.
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The usual next step is filing a homeowners insurance, general liability, or renters insurance claim if the dog owner is insured.
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We will evaluate any offers and decide if they are fair.
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If the offers are inadequate or if the dog owner is uninsured, we will prepare to advocate for you in court by filing a lawsuit.
You might receive compensation for your injuries through a personal injury or premises liability lawsuit. Your compassionate, skilled team at Hopkins Law Firm can help you obtain the compensation you deserve.
Call Your Trusted Dog Bite Lawyer in Charleston and Goose Creek Today
If you or a loved one has been injured in a dog bite incident, don't wait to seek legal help. At the Hopkins Law Firm, we are here to fight for the justice and compensation you deserve. Contact us today for a free consultation.
Contact Us:
- Call us at (843) 314-4202.
- Or schedule your consultation online by filling out our contact form.
