Whether you were bitten while playing with a dog at a dog park or a dog chased you and caused you to fall and suffer injuries at a dog park in Norman, OK, we can help. At Ylla | Gosney, we specialize in getting injured Oklahomans like yourself immediate medical care and legal representation to get you back to living your regular life after a traumatic dog bite incident at a dog park.
Don’t wait until it’s too late to recover compensation for your dog bite injuries. Contact us today for a no-cost, no-obligation consultation.
How Ylla | Goseny Helps Victims of Dog Bites at Dog Parks in Norman OK
When visiting the dog parks like Norman Community Dog Park and Ruby Grant Dog Park, you’ll likely meet plenty of friendly and non-aggressive dogs. However, even dogs that have never shown aggression before can turn in an instant and bite someone. That’s what makes dog bites so dangerous, because they often happen when we least expect them.
Dog bites can lead to serious health complications, from infections to deep wounds, as well as mental trauma. So, this begs the question: what are your legal options if you’re bitten by a dog at a dog park?
In this case, you can file a lawsuit against the dog owner to recover damages such as medical bills, lost wages, and emotional trauma. It is important to know that you will not be seeking compensation from the dog owner’s personal net worth, but through their insurance policy. So, you don’t have to worry if you need to file a lawsuit against someone you know, or consider a friend.
Damages from dog bites are typically covered under a person’s homeowner’s or renter’s insurance. However, it can be difficult to recover full compensation from the insurance company. That’s where Ylla | Gosney can help. Our team of Dog Bite Attorneys will take legal action on your behalf and hold the insurance company fully responsible for the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the dog owner was excessively careless, or had the intention of hurting you, then you could sue for punitive damages
What is the Statute of Limitations on Dog Bites in Dog Parks?
A dog bite case falls under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in Oklahoma Statute Title 12-95, which states:
“Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud – the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud.”
Exceptions to the Statute of Limitations in Oklahoma
In most cases, the statute of limitations for dog bite accidents begins on the date the injury took place. However, the time can vary based on the following facts:
- Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
- Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
- The victim was a minor: if the victim was a minor at the time of the attack, the statute of limitations will be withheld until the minor turns 18. Once the dog bite victim is 18, the two-year statute of limitations will start.
- The victim is mentally incapacitated: if a victim’s injuries cause them to be temporarily incapacitated, the statute of limitations does not begin until they are declared legally competent.
- The defendant leaves the state or conceals their whereabouts: if the defendant leaves Oklahoma, or hides, the statute of limitations is paused while they are out of the state or unable to be located and communicated with.
What is the Discovery Rule?
The discovery rule is enforced under Oklahoma Statute 12-95 and delays the statute of limitations if you could not have reasonably known about your injuries right away. For example, let’s say a dog attacks you, causing you to fall and hit your head on the sidewalk. Your head hurts, but there’s no visible damage, so you don’t see any reason to pursue a lawsuit against the owner.
Years later, however, you begin to have neurological issues that your doctor says must be from a time when you suffered some sort of blunt trauma to your head. In this situation, the “discovery rule” applies as the two-year clock does not start running until the day your injury was discovered and you would be able to file a claim against the dog owner’s insurance to recover damages.
It is important to note that even if you’re attacked by a dog, it is recommended to get checked out by a doctor immediately, even if you feel fine. By seeing a doctor, you’ll not only be protecting yourself but also your right to compensation as well. If you need help getting medical attention after a dog bite at a dog park, we can help. Contact us today for a free case review.
Proving Dog Bite Liability:
In order to recover damages from a dog bite, the victim must prove:
- The dog was owned by the defendant
- The bite took place on public property, or the victim had a lawful right to be on private property when they were bitten
- The victim suffered an injury as a direct result of the dog bite
When a claim is filed for a dog bite incident, evidence is typically how these cases are determined. At Ylla | Gosney, we understand that evidence is the foundation on which your dog bite case stands. It provides a factual baseline to establish liability against the dog owner, demonstrate the extent of your injuries, and justify the compensation you are owed. The evidence we gather for the majority of our injured dog bite victims includes:
- Documentation from animal control
- Police reports
- Eyewitness statements
- Video surveillance of the attack
- Medical records (pre and post-dog bite)
- Copy of the dog owner’s insurance policy
- Prescription drug costs, bank statements, and other out-of-pocket expenses
- Pictures of the wound and where the incident occurred
How Ylla | Gosney Manages Your Dog Bite Case:
At Ylla | Gosney Attorneys at Law, we are here to help you after you’ve had your life transformed after a dog bite incident. The reason we practice dog bite law is to change your life for the better after you’ve been unfairly injured. Dog bite injury victims reserve the right to hold the dog owner responsible for the damage caused by their dog. Our firm will exercise all avenues of the law to ensure you are awarded the maximum amount of compensation by providing you with:
- Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term medical needs.
- Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your injuries and the impact they will have on the rest of your life. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
- Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to put some or all of the blame on you. Our firm will analyze your case and work to minimize or eliminate liability in your dog bite incident.
- Negotiating with insurers: our experienced team of lawyers are expert negotiators and understand the tactics insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs after an injury.
- Court Representation: our trial lawyers will represent you in court and build a strong case, if necessary, highlighting the depth of your injuries and the necessity for recovering damages. Personal injury cases like dog bites rarely go to trial, but in the event your case goes to trial, we are prepared.
Factors That Influence the Settlement Value of a Norman OK Dog Bite Claim:
By law, you have the right to pursue compensation from the responsible party if you were injured in a dog bite incident. So, it is important to know what factors will impact the value of your case if you decide to take legal action. These factors include:
- Liability: the degree to which the defendant is found responsible for the injury can add value to your settlement. The more reckless the defendant’s actions usually result in a higher settlement.
- Insurance coverage: the defendant’s insurance policy limits can cap the maximum settlement amount. If the defendant has an insufficient insurance policy, then alternate means of compensation will have to be pursued.
- Legal representation: the expertise and negotiation skills of a Personal Injury Attorney will impact the outcome of your case.
- Contributory negligence: Oklahoma operates on a Modified Comparative Negligence system, meaning if you’re found more than 49% at fault for your injuries, you are not entitled to any compensation. However, if your fault is less than 49%, then you are entitled to that percentage of compensation from the settlement.
- Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.
- Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case, such as a dog bite. This is usually presented in the form of X-rays and MRIs.
- Medical history of the victim: the prior medical history of the plaintiff comes into play if they were injured in the same area where they already have a medical history of issues. Under Oklahoma law, the negligent party is not responsible for prior injuries unless they were made worse by the incident.
FAQs
Q: How does “duty of care” apply to a dog bite incident?
A: Dog owners must exercise a “duty of care” to take reasonable steps to maintain their dog, prevent their dog from escaping, and warn visitors if their dog is inclined to bite people.
Q: How many dog bite injury cases end up going to trial?
A: Very few dog bite injury cases go to trial. If there is an unwillingness to settle, then you will go to trial. However, 95% of civil cases will end up settling out of court.
Q: What’s the deadline for filing a dog bite injury claim in Oklahoma?
A: The statute of limitations for personal injuries is 2 years from the date of the injury.
Q: Do I have to go to court to receive compensation?
A: No, you do not have to go to court to receive compensation. Most personal injury lawsuits settle out of court, in which case your attorney will collect your compensation from the insurance company and give it to you.
Contact Ylla | Gosney Attorneys at Law
After years of advocating on behalf of dog bite victims in Norman, Oklahoma, we understand that dog bites not only result in physical injuries but also long-lasting mental trauma as well. For that reason, the attorneys at Ylla | Gosney will ensure you are fully compensated for having to go through this unfortunate ordeal.
To see what legal options are available for your dog bite incident, contact us today for a no-cost, no-obligation case review.