Why You Should Involve an Attorney in an Animal Bite Case
Animal bites can be traumatic and life-altering, often resulting in physical injuries, emotional distress, and significant medical expenses. If you or a loved one has been bitten by an animal in Denver, Colorado, you might be wondering whether you need legal representation.
From working through Colorado’s animal bite laws to fighting fair compensation for your injuries, we can provide invaluable guidance. At Gama Law Firm, we're committed to providing you with the support you need to get a positive outcome after an animal bite incident.
We have a combined 70 years of experience working with a variety of personal injury cases, giving us the knowledge, compassion, and insight to efficiently handle your case. Here, we’ll explore some compelling reasons to enlist the help of an attorney when you're facing an animal bite case.
What to Know About Colorado’s Animal Bite Laws
Colorado follows a strict liability rule for animal bite cases, but there are nuances to this law that can impact your ability to recover damages.
Strict Liability for Dog Bites
Under Colorado Revised Statutes § 13-21-124, an owner may be held strictly liable if their dog bites someone and causes serious bodily injury. This means that even if the owner had no prior knowledge that their dog was aggressive, they can still be held responsible for injuries.
Serious bodily injuries typically include deep lacerations, broken bones, or injuries requiring surgery. However, if the injuries aren't severe, the victim may need to prove negligence, which is where legal assistance becomes essential.
Negligence-Based Claims
In cases where the bite doesn't result in serious bodily injury, victims must establish that the dog’s owner was negligent. This requires proving:
The owner failed to take reasonable steps to prevent the bite.
The owner knew or should have known about the dog's aggressive tendencies.
The victim didn't provoke the dog.
Negligence cases can be more complicated because they require evidence of the owner's fault. A skilled attorney can help gather necessary proof, such as witness statements, previous complaints about the dog, and medical records.
Defenses to Animal Bite Claims
Dog owners may attempt to avoid liability by raising certain defenses, including:
Trespassing: If the victim was unlawfully on the owner’s property, they may not be eligible for compensation.
Provocation: If the victim provoked the animal, the owner might not be held liable.
Government or military dogs: Police or military working dogs performing their duties are often exempt from strict liability laws.
Reviewing these defenses can help victims prepare their case with the help of an experienced attorney.
Why You Need an Attorney for an Animal Bite Case
While some victims might consider handling an animal bite case on their own, legal representation can significantly improve the likelihood of a successful claim. Many people assume that if the facts seem straightforward, they can simply file a claim and receive fair compensation.
However, without legal experience, victims may not fully understand the value of their claim or recognize when a settlement offer is unfair. By having a legal advocate on your side, you can focus on healing while knowing that your rights are being protected.
1. Determining Liability
An attorney will analyze the circumstances surrounding the bite to determine whether strict liability or negligence applies. This distinction is crucial, as strict liability cases are generally easier to prove than negligence-based claims.
If negligence must be established, an attorney can help gather necessary evidence, such as:
Veterinary records indicating prior aggression
Surveillance footage of the incident
Statements from neighbors or witnesses
By thoroughly investigating the details of the case, an attorney assures that the appropriate legal strategy is used to establish liability, increasing your chances of a successful outcome.
2. Negotiating With Insurance Companies
Most animal bite claims involve negotiations with insurance companies, whether it's the homeowner’s insurance policy or a renter’s insurance policy covering the dog owner. Insurance companies often try to minimize payouts or deny claims altogether.
An attorney can:
Handle all communications with the insurer
Counter low settlement offers
Make sure you receive full compensation for medical bills, lost wages, pain and suffering, and other damages
Involving an attorney in the negotiation process assures that your interests are protected and that you receive the full compensation you deserve for the injuries and damages caused by the animal bite.
3. Calculating Damages Accurately
Many victims underestimate the long-term costs of an animal bite injury. A lawyer will make sure you consider all potential damages, including:
Medical expenses: Emergency care, surgeries, physical therapy, and medications.
Lost wages: If the injury prevents you from working.
Pain and suffering: Emotional trauma, PTSD, or permanent disfigurement.
Future medical costs: If long-term treatment is necessary.
Without legal guidance, you may settle for an amount that doesn't fully cover your needs.
4. Meeting Legal Deadlines
Colorado has a two-year statute of limitations for personal injury cases, including animal bites. If you fail to file within this time frame, you may lose your right to compensation.
An attorney will make sure that all legal documents are filed on time and that you don’t miss any critical deadlines.
5. Representation in Court
While most animal bite cases settle outside of court, some cases require litigation. If the insurance company refuses to offer a fair settlement, an attorney can take the case to trial and advocate for your rights before a judge or jury.
What to Do After an Animal Bite
If you have been bitten by an animal, taking the right steps can strengthen your case and improve your chances of receiving compensation.
Seek Immediate Medical Attention
Even if the injury appears minor, seek medical attention to prevent infections and document your injuries. Rabies and other infections can result from untreated bites.
Identify the Animal and Owner
Obtain the owner's name, address, and contact information. If the animal is a stray, try to take photos for identification.
Report the Bite
In Colorado, animal bites should be reported to local animal control or law enforcement. A report can serve as key evidence in your case.
Document Everything
Take photos of the injuries, the location of the bite, and any property damage. Keep medical records, bills, and records of lost workdays.
Contact an Attorney
The sooner you involve an attorney, the better. Legal guidance from the start can prevent costly mistakes and make sure you receive fair compensation.
Common Misconceptions About Animal Bite Cases
It's important to understand that even if the animal's owner is a friend, pursuing legal action in bite cases may still be necessary to protect your rights.
“The Owner Is My Friend – I Don’t Want to Sue Them”
Many victims hesitate to file a claim because they know the pet owner personally. However, most claims are handled by insurance companies, not the individual. Seeking compensation doesn't necessarily mean suing your friend or neighbor—it means holding their insurer accountable.
“It Was a Minor Bite, So I Don’t Need a Lawyer”
Even minor bites can lead to complications like infections, nerve damage, or emotional distress. A lawyer can help you understand your rights and make sure you don’t overlook potential damages.
“If I Provoked the Dog, I Can’t File a Claim”
Provocation is a legal defense, but it's not always straightforward. An attorney can help evaluate whether the owner is unfairly blaming you for the bite.
Contact Our Law Firm Today
If you or a loved one has suffered an animal bite in Colorado, don’t wait—reach out to Gama Law Firm to discuss your case and explore your legal options. We serve clients in Denver, Aurora, Parker, Centennial, and Castle Pines. Give us a call today to schedule a consultation.