Yes. A dog bite victim can be compensated for out of pocket medical expenses, lost wages, and past and future pain and suffering as long as it is shown that the dog had “vicious propensities” and that the owner of the dog knew, or should have known about the dangerousness of the dog. A personal injury attorney can file a claim against the dog owner and will seek money for your damages.

This means the dog must have a habit of acting in a way that endangers people. Examples of a vicious dog include previous attacks, how the animal acts when it is approached, including barking, thrusting and showing its teeth. In New York, mere barking or an isolated straining at a leash would not demonstrate “vicious propensities”.

In order for a lawyer to sue an owner of a dog that bit you, it must be shown that the dog has “vicious propensities”. While a prior bite would demonstrate viciousness, it is not necessary. A dog can still be vicious even without a prior bite. However, there must be some type of behavior by the dog that demonstrates it is vicious.

Not automatically. Just because you were bitten by a Pit Bull, German Shepard or other large dog does not mean you can automatically bring a claim against the owner of the dog. It is still necessary to show that the dog had a history of being vicious and that the owner knew or had reason to know about the dog’s prior dangerous behaviors.

Understandably, the larger or stronger the dog the more serious your injury is likely to be. Therefore, your lawyer will want to know as much detail as possible about the breed and size of the dog that bit you.

If you’ve been bitten by a dog, you can pursue a claim against the owner of the dangerous dog. If the owner of the dog owns a home or has rental insurance, the homeowner’s or renter’s insurance will likely defend the owner of the dog. If it is determined that the owner of the dog knew, or had reason to know the dog was dangerous, the insurance company will pay for your damages through a settlement before trial or by way verdict after a trial. In the case where there is no homeowner’s  or rental insurance coverage, or if the damages are worth more than the available homeowner’s or rental insurance coverage, the dog owner can be personally responsible for paying for the injuries.

The value of your claim depends on what type of injuries you sustain. In New York there are 2 types of damages: economic and non-economic. The economic damages include lost earnings, and out of pocket expenses such as medical costs. The non-economic damages are the past and future pain and suffering that result from the injuries you suffered. The value of the economic damages can be quantified, and an actual dollar figure can be determined. On the other hand, the value of your pain and suffering will vary depending on the seriousness of the injury, the type of medical care you need, and how long the suffering lasts.

In New York, you have 3 years from the date of the dog bite to pursue a claim against the owner of a dog that bit you. If the dog is owned by municipality, such as a police dog, a claim must be filed within 90 days of the date of the bite.

If you are injured by a dog bite and hire a personal injury lawyer to bring a claim against the owner of the dog, in most instances it will not cost you any money to hire the lawyer. Rather, the lawyer who represents you regarding your injury claim will work on a “contingency fee” basis. What this means is that if the case is successful, the lawyer will receive 1/3 of the settlement or verdict and you will receive 2/3 of the settlement or verdict. If there are costs to pursue the case, such as costs to obtain medical records, filing fees, expert costs, and/or investigative costs, those costs can also be taken out of the settlement or verdict so you will not have to come up with any money out of pocket.

If you are unfamiliar with the dog that bit you, a request can be made to the town, city or village where the dog resides to see if there are any prior complaints regarding the dog or tickets issued against the dog in the past. Another option is to speak to neighbors of the dog owner to gather information about the history of the dog. Typically, your personal injury lawyer conducts this investigation to determine if there is a basis to pursue a claim.

If you are injured, and if the dog has a history of being vicious, and if the owner of the dog has a liability insurance policy, you can receive compensation from the insurance policy rather than from the dog owner personally. You do not have to go after the personal assets of your relative or the owner of the dog that bit you.  You can rely on the money available within the confines of the insurance policy. This is a decision that always remains yours to make, similar to settling a case if an offer is made versus going to trial.

It depends. If the dog owner has a homeowner’s insurance policy, there may be a medical payments provision in that policy to cover some of your immediate medical expenses. However, if the dog owner’s homeowner’s policy does not have a medical payments provision, your only remedy is to bring a claim against the dog owner. While the dog owner’s homeowner’s liability policy may ultimately pay for your pain, suffering and out of pocket expenses, including medical bills, payment from the liability policy takes much longer to pay out. In the event there is no medical payment policy available, perhaps the best option is to apply for private insurance if you can afford it, or if you can’t afford it, apply for needs based medical insurance such as Medicaid.