Indianapolis Dog Bite Lawyer
Understanding Dog Bite Laws in Indianapolis
Dogs make wonderful companions and can also serve as valuable protectors. Families throughout Indiana adore their furry companions and consider them integral members of their households. Occasionally, however, even a man’s best friend can turn aggressive, leading to dog bites and significant injuries. In the most extreme cases, dog attacks can tragically lead to fatalities, especially when young children are involved.
Dog bites aren’t always harmless nips — they can cause serious injuries, permanent disabilities, disfigurement, and even death. If you have been seriously harmed by a dog bite, you deserve a committed legal advocate who will fight for the compensation you deserve.
Dog Bite Laws in Indiana
When many people think of dog bites, they imagine a handful of small puncture wounds. However, some dog bites and attacks lead to catastrophic injuries. If you have suffered one of those injuries, you should make sure you understand how dog bites are treated under Indiana law. Indiana’s dog bite laws differ from those of many other states. Generally, states fall into one of two categories when it comes to dog bite laws:
- Strict Liability States: Owners are liable for injuries even if there was no sign of aggression in the dog.
- “One-Bite Rule” States: If the owner knew or should have known the dog could be aggressive, they are liable for injuries.
Indiana is a so-called “one-bite rule” state, so owners generally are not held liable for dog bite injuries if they had no reason to believe the dog could be aggressive prior to the bite. However, there is a caveat. If a dog bites one of the following, the one-bite rule does not apply:
- Police officers
- Postal workers
- Federal, state, or local officials carrying out their duties.
The exception applies even if the police officer, postal worker, or official is on the dog owner’s property (assuming they are legally permitted to be there). This means that if a previously non-aggressive dog attacks and bites a mail carrier, the owner would be liable for the mail carrier’s injuries. However, if the owner of a previously non-aggressive dog invites you over and the dog attacks and bites you, the owner likely would not be liable for your injuries.
Additionally, dogs are typically required to be leashed unless specific circumstances permit them to be unleashed or adequate containment measures such as a fence or door are in place. Dog owners can be held responsible for injuries inflicted by their dogs on individuals who are not provoking the dog and are acting peacefully, especially when the dog is in a location where the owner has a clear duty of care. However, the injured person must be lawfully present on the premises, which includes government workers performing official duties or individuals invited for business or social purposes.
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What Are the Penalties for Having a Vicious Dog in Indiana?
The legal consequences for possessing a dangerous dog are categorized as misdemeanors. According to the Indiana Criminal Code, an unprovoked dog attack is classified as a Class C misdemeanor when the following conditions are met:
- The dog owner recklessly, knowingly, or intentionally neglects to take reasonable precautions to control the dog.
- The dog trespasses onto property that does not belong to its owner.
- Due to the owner’s failure to properly restrain the dog, the dog inflicts a bite or attack on another person without provocation, causing bodily injury.
If you or a loved one has suffered injuries in a dog bite incident in Indianapolis, contact Stephenson Rife, LLP today. Our personal injury attorneys have experience handling dog bite claims and are dedicated to securing the compensation you rightfully deserve. Contact us for a free consultation at (317) 785-7715.
Will the Dog Be Put Down if I Sue Its Owner?
Your primary concern should not be the potential fate of the dog but rather the harm that has already occurred to you. Additionally, the court typically addresses the dog’s future based on the specific circumstances, especially if a criminal case arises due to the attack. For instance, the court might require that the dog’s owner keep it securely confined in the backyard. The decision to euthanize a dog usually only occurs if the dog has a documented history of aggression or has caused a severe or fatal injury.
What Should I Do if I’m Bitten by a Dog in Indiana?
Protect Yourself and Your Right to Seek Compensation
In the event of a dog bite, it’s essential to take certain measures to ensure your safety and protect your interests, especially if you intend to file a dog bite claim.
Call 911
If you’ve been bitten by a dog, you should promptly report the dog attack to the police. This establishes a timeline of your injury, and if you do file a dog bite lawsuit, a police report will be incredibly helpful.
Verify the Dog’s Vaccination History
The owner of the dog should be able to show you proof that the dog is current on rabies vaccination. If the dog is not vaccinated, you will likely need rabies vaccines yourself.
Gather Contact Information
While still at the scene of the attack, request contact information from the dog owner or the person responsible for the dog. You also should collect contact information from witnesses, as their testimony may be needed later.
Document the Scene
If possible, take photographs of your wounds and the dog involved in the incident. Comprehensive documentation can significantly support your case.
Seek Immediate Medical Attention
Severe bites may require emergency treatment at the scene. Even if the wounds appear minor, it’s advisable to visit an urgent care clinic or your doctor’s office as soon as possible to ensure proper cleaning and assess the need for stitches.
Report the Bite
Some people hesitate to report dog bites because they’re worried the dog will be put down. However, in Indiana, you are required to report dog bites and other animal bites. The reporting system is designed to both track the possible spread of rabies and protect people from dangerous dogs. You can report the bite online yourself, but if you see a doctor, the doctor is legally obligated to report the bite as well.
Keep Records
You should always keep copies of all expenses associated with the treatment of your injuries. Medical bills are the most obvious expense, but you should also document any lost income, cost of transportation to medical appointments, receipts for prescriptions, and any other expenses.
Contact an Indianapolis Dog Bite Attorney
Contacting a dog bite attorney is a good idea, even if you aren’t sure you want to file a lawsuit. Some seemingly minor dog bites develop complications, and you need to fully understand your options.
Is There a Time Limit for Filing a Dog Bite Claim in Indianapolis?
If you’ve been bitten by a dog in Indianapolis, it’s important to act promptly. Indiana has a two-year statute of limitations for dog bite claims, which means you have two years from the date of the injury to file. Failing to file a claim within this time frame could result in your case being dismissed. You should always get in touch with a dog bite lawyer as soon as possible after suffering a bite. If you do ultimately decide to seek compensation, your lawyer will need time to put together your case.
Why Choose Stephenson Rife, LLP for Your Dog Bite Injury Claim?
At Stephenson Rife, LLP, we have a team of experienced personal injury lawyers who understand the intricacies of dog bite injury cases and have experience with the legal proceedings and mandates in Indianapolis. We help our clients secure the compensation they deserve. Our approach includes:
Experience
Our law firm has highly experienced and skilled personal injury lawyers who understand Indiana’s dog bite laws and the legal intricacies of such cases. We have a track record of representing dog bite victims.
Personalized Attention
Every dog bite injury case is unique, and we believe in providing personalized attention to our clients. We take the time to listen to your story, understand your circumstances, and tailor our legal strategy to meet your needs. We know that your recovery and well-being are paramount, and we are here to support you every step of the way.
Vigorous Support
When you choose us, you are choosing aggressive advocacy on your behalf. We will hold negligent dog owners accountable for the injuries their pets have caused. We understand the emotional, physical, and financial toll that a dog bite injury can take, and we are committed to helping you achieve the best possible outcome.
Proven Results
Our firm has a long history of achieving positive results for our clients in dog bite injury cases. We have successfully recovered compensation for medical expenses, pain and suffering, lost wages, and other damages.
How Much Compensation Can I Recover for a Dog Bite Injury in Indiana?
If you are a victim of a dog attack and suffering from a bite, you can file a dog bite claim against the responsible owner. The owner will then be held financially accountable for the damages you’ve incurred due to the dog attack. In certain instances, the negligent dog owner’s homeowners’ or renters’ insurance policy may cover your expenses, depending on their specific policy terms.
Typically, dog bite cases involve liability limits ranging from $100,000 to $300,000. Should your damages surpass these policy limits, you may have the opportunity to file a lawsuit against the dog owner to seek compensation for any additional damages.
It’s important to recognize that each dog bite claim is unique, and the amount of compensation you’re entitled to hinges on the specific damages you’ve sustained and the extent of your injuries. In cases where family members have also suffered harm or loss in a dog attack, they may also be eligible to file claims on behalf of their loved ones.
Recoverable damages in dog bite claims typically include a variety of elements, including but not limited to:
- Medical expenses
- Current and future medical bills from the dog bite injury
- Lost wages (if you’re unable to work during recovery)
- Reduced earning capacity (if the injury leads to disability and work incapacity)
- Property damage
- Costs related to therapy for emotional trauma
- Physical pain and suffering
- Emotional distress
- Scarring and disfigurement
It’s crucial to know that dog owners or their legal representatives may attempt to employ various defenses to evade responsibility. For instance, they might claim that you provoked the dog or were trespassing when the dog bit you.
Considering these potential challenges, it’s advisable to enlist the services of an experienced dog bite attorney. Even insurance companies may employ tactics to avoid providing you with a fair settlement. To increase your likelihood of success and secure just compensation for your injuries and potential damages, consulting an Indiana dog bite attorney is a prudent step to take.
How Does the Legal Process Work?
Like many other kinds of personal injury cases, dog bite cases can take a considerable amount of time to resolve — they often take many months, and some can even take years. Our legal team will be here to guide you every step of the way, but it’s also helpful for you to understand how the general process works.
Free Consultation
If you have been seriously injured by a dog, you can schedule a free consultation and case evaluation with us. If we agree to take your case and you choose to work with us, we can get to work building your case.
Investigating Your Case
We’ll thoroughly evaluate your case. This includes gathering evidence, such as medical records, photographs of your injuries, witness statements, and the scene of the incident. This meticulous approach ensures that no crucial detail is overlooked. In dog bite cases, we also will investigate to see if the dog has any history of aggression. If we can prove that the dog’s owner knew (or reasonably should have known) that the dog posed a threat, your case may be even stronger.
Legal Guidance and Strategy
Our team will provide clear and informed legal guidance throughout the process. We will explain your rights and options and develop a strategy tailored to your circumstances. We aim to empower you with the knowledge you need to make informed decisions.
Negotiation
The vast majority of dog bite cases — and personal injury cases in general — are settled out of court, meaning they are resolved through negotiation with the responsible party’s insurance company. We have experience negotiating with insurance adjusters and are skilled in pursuing the maximum settlement possible on your behalf. Our attorneys are tough negotiators who will not settle for less than you deserve.
Litigation
In cases where negotiation does not yield a fair outcome, we are prepared to take your case to court. Our attorneys have a strong litigation background and will aggressively represent your interests.
FAQ
Dealing with the aftermath of a serious dog bite injury can be overwhelming, so it’s understandable that many of our clients come to us with questions. These are some of the things our new clients often ask us:
Is a dog owner automatically liable if their dog bites me?
No — if the owner had no reason to believe the dog would be aggressive, they may not be held liable. However, it’s always wise to consult with us if you’ve suffered a serious bite. Some owners of aggressive dogs will pretend they had no reason to believe the dog would bite.
How much is my case worth?
Every dog bite case is unique, and without knowing the particulars of your situation, we cannot determine how much compensation you may be able to recover. However, if you book a free consultation with us, we can take a look at your case and give you an idea of what it may be worth.
How much does it cost to work with you?
You pay us only if we are able to recover compensation for you. If we do secure compensation, you agree to pay us a set percentage. If we do not recover any compensation, you pay nothing.
Will my case go to court?
Probably not. Most dog bite cases are settled before the case sees the inside of a courtroom. However, we are always prepared to take your case to trial if the insurance company won’t agree to a reasonable settlement.
At Stephenson Rife, LLP, we pride ourselves on our ability to help all of our clients better understand their cases. If you want to set up a case review or just ask questions, get in touch today!
Why Choose Us?
The Right Attorney Makes All the Difference
If you’ve suffered a serious dog bite injury, you deserve to be compensated for your medical expenses, lost income, and considerable physical and emotional pain. However, recovering that compensation is often more complex than it sounds. At Stephenson Rife, LLP, we’ve been standing up for injured people in Indianapolis and the surrounding areas since 1976. We’re dedicated to seeking justice for you, prepared to take your case to court, and driven to get the job done.
If you or a loved one has suffered a dog bite injury in Indianapolis, don’t hesitate to reach out to Stephenson Rife, LLP. We are here to provide you with the legal support and guidance you need during this challenging time. Contact us today at (317) 785-7715 to schedule a free consultation and take the first step toward securing the compensation you deserve.
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