If you’ve been bitten by a dog, medical care is your first priority. Tending to dog bite injuries can take time. In some cases, injuries aren’t as immediately apparent or can be emotional and not physical. Consequences of a dog bite can last a lifetime and those that have been injured have a right to recover compensation for their injuries.
After receiving medical treatment, a person injured by a dog should consider filing a dog bite claim to recover losses and to pay for medical bills. There is a deadline imposed by the courts that determines how long an injured person has to file a personal injury claim. This is the dog bite statute of limitations. The deadline for filing a dog bite lawsuit in New Jersey is two years from the date of the incident.
Dog bites are more likely to happen to children and children bitten by a dog have a higher degree of injuries needing treatment in an emergency room. A dog bite or attack will often occur in the home or in the home of a relative or friend of the family. It is common for the victim of the dog attack to be familiar with the dog that attacked them.
When the victim of a dog bite is a child, parents or guardians of the child can file a dog bite claim on the child’s behalf. Although the dog bite statute of limitations still applies, minors have until their 18th birthday before the statute begins. That means they have until their 20th birthday to file a dog bite claim if they were a minor when the dog bite occurred.
A child younger than seven years is given the presumption of innocence under New Jersey law, and children under four are considered too young to be legally negligent.
New Jersey is a strict liability state. Dog owners are held accountable for their dog’s actions. This means that an injured party does not need to prove that a dog owner was negligent in order to recover damages. The victim will need to show that the defendant was the owner of the dog that bit them in a public or private place they were lawfully allowed to be in.
Strict liability law does not apply if the victim was trespassing at the time of the incident, engaging in another illegal activity, or if the victim provoked the dog.
Start your dog bite case with an experienced dog bite attorney as soon as possible. This will allow for the best possible outcome. Filing a dog bite claim as soon as possible gives your dog bite lawyer the ability to collect evidence when it is still available. The process can take some time to go through the court system and may reach a settlement before going to court. Don’t speak to insurance company attorneys without your personal injury attorney, who understands dog bite law, present.
If you don’t file a lawsuit before the statute of limitations deadline, you likely won’t be able to recover any losses. The courts will likely dismiss your case.
Talk to David J. Cowhey if you’ve been bitten or attacked by a dog. He is an experienced dog bite lawyer familiar with New Jersey dog bite state laws throughout the state. He has handled dog bite cases involving both children and adults and is available 24 hours a day, 7 days a week for a free consultation of your dog bite case. Call him at (609) 513-0627 or book online.