California has the highest number of dog attack claims in the country. Dog bites can cause serious injuries including puncture wounds, lacerations, infections, scarring, nerve damage, and broken bones. When a dog bite occurs due to the negligence of the dog’s owner, the victim may have a valid claim for compensation. However, in order to succeed in a dog bite injury claim, it is crucial to properly preserve evidence. Having strong evidence can make all the difference in establishing liability and obtaining full compensation. This article provides an overview of the key types of evidence that should be gathered after a dog bite incident.
Photographing Injuries
One of the most important steps is to take photographs of any injuries sustained in the dog attack. Photographs provide visual documentation of the wounds, their size, location on the body, and severity. It is best to take photos as soon as possible after the bite while injuries are fresh. Take photos from multiple angles and distances to give a clear perspective of the injuries.
Also, take pictures during the healing process to demonstrate how wounds change over time. Photograph any bandages, stitches, or casts that were required. Document any lingering scars, bruising, or other damage once injuries have healed. Dated photos establish a timeline showing how injuries progressed. Make sure the settings show the date and time the photos were taken. High quality photos make powerful evidence and allow others to understand the full impact of the dog bite.
Identifying Witnesses
Gathering witness statements in the aftermath of a dog attack is also extremely important. Witness accounts help establish vital facts about how the incident occurred, who was at fault, and the severity of the injuries suffered. Anyone present or nearby when the bite happened should be identified and interviewed.
Witness observations that should be documented include:
- Where the attack happened
- What led up to the bite
- The circumstances surrounding the incident
- A description of the dog, such as breed, size, age, etc.
- The dog owner’s response after the bite
- Verification of the injuries and any bleeding or trauma sustained
Having multiple witness statements that align on the key details makes liability easier to prove and provides stronger credibility. Witness names and contact information should be collected so they can provide official statements later on.
Compiling Medical Records
The medical treatment required following a dog bite is also extremely important evidence. All medical records associated with the dog bite should be obtained, including:
- Ambulance and hospital intake notes describing injuries
- Emergency room records
- Records of examinations, tests, and procedures
- Documentation of any surgery needed
- Prescriptions for medications or antibiotics
- Notes and bills from follow-up appointments with any doctors
- Receipts for medications purchased
- Physical or occupational therapy records
Medical records substantiate the need for treatment and provide proof of costs incurred. They also give critical information about the type and severity of injuries. Medical documentation from all healthcare providers involved should be compiled and organized chronologically.
Dog Owner Liability Factors
When building a dog bite claim, it helps to have evidence related to the dog owner’s potential liability. Relevant information may include proof of:
- Prior complaints or reports about the dog acting aggressively
- Past incidents where the dog bit or injured someone
- Whether the dog had any training and certifications (or lack thereof)
- Local dangerous dog breed restrictions that the owner violated
- Any leash law violations by the owner
- Signs, fencing, or restraints on the property related to the dog
- Whether the dog was confined at the time of the bite or was roaming freely
Veterinary records, incident reports, breed regulations, and other documentation can help establish whether the owner knew or should have known the dog was dangerous. Evidence of negligence makes it easier to hold the owner responsible.
Preserve All Potential Evidence
Any details about the dog, the owner, the incident location, or your injuries could become important in proving your claim. Therefore, it is vital to collect as much relevant evidence as possible. Do not discard or alter anything that could be potential proof of liability and damages. Keep all records organized and stored securely. An experienced dog bite lawyer can provide guidance on gathering and preserving evidence after you have been injured. They will know what facts are most vital to help secure fair compensation.
The experienced dog bite attorneys at Binder Law Group provide free consultations for dog attack victims in California. Contact us today to learn how we can help you pursue maximum compensation for your injuries and damages.
Visit our office at 16633 Ventura Blvd. #602 Encino, CA 91436.
Or call now for a free consultation on (818) 659-8588.