Ylla and Goseny represent delivery driver dog bite accident victims in Oklahoma City. Although it is more common for delivery drivers to find themselves in accidents with other motor vehicles on the road, delivery drivers are also at risk of being bitten by an unrestrained dog.
If a dog bites you while you’re making a delivery on someone else’s property, then you may be entitled to compensation for injuries, property damage, and emotional damage due to the incident. To learn what your case is worth and what legal options you have, contact Ylla | Gosney Attorneys at Law today for a no-cost, no-obligation consultation.
Do I Need a Lawyer for a Dog Bite Incident?
Dog-related injuries for delivery drivers are more common than you think. According to the National Library of Medicine, over 35,000 pedestrians and bicyclists visit the ER each year, with many of those injuries due to being chased and bitten by a dog on someone else’s property.
The legal outcomes for these injuries will vary based on whether carelessness by the dog owner can be proven. According to the State of Oklahoma, it is unlawful for a dog to be “at large.” The term at large means when the dog is off-leash or not under the direct control of the owner. Direct control, according to statute 8-38 of Oklahoma’s Municipal Code, means immediate, continuous, and physical control of a dog at all times by means of a leash, cord, rope, or chain.
So, if a dog is unrestrained and causes you injury while you’re making a delivery, the owner can be held responsible for damages. 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 law firm will ensure the owner is held liable and that you are compensated 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
Legal Steps to Take After a Dog Bite Incident in Oklahoma City:
To take the appropriate legal action and begin building your case after a dog bite incident, you should:
- Document the incident: take photos and write down details of your injuries, the dog, and your surroundings.
- Exchange information with the dog owner: get the owner’s name, address, phone number, and insurance info. If any witnesses are on the scene, collect their contact information and record their testimony if possible.
- Seek immediate medical attention: go to the nearest emergency room or see your primary care physician as soon as possible. Dog bites can lead to dangerous infections. Also, any delay in medical treatment could be harmful to your personal injury case.
- Report the incident to Animal Control: contact your local animal control agency and report the bite. An investigation by animal control will not only be helpful to your case, but can prevent future injuries.
- Speak to an attorney: discuss your legal options with an experienced Dog Bite Attorney by contacting Ylla Gosney.
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 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 Oklahoma City, Oklahoma, we understand that dog bites not only result in physical injuries but also long-lasting mental trauma. For that reason, the attorneys at Ylla | Gosney will ensure you are fully compensated for having to go through this unfortunate ordeal. Don’t wait until it’s too late to take legal action. See what legal options are available for your dog bite incident by contacting us today for a no-cost, no-obligation case review.