Being viciously attacked by a dog is the last thing anyone expects to happen. Dog owners have an obligation to maintain control over their pets. When they fail to do so, and you suffer injuries as a result of their negligence, you can hold them accountable.
Access the financial compensation you are entitled to. Hold the dog owner accountable when you reach out to an experienced Beaufort personal injury lawyer at Shelly Leeke Law Firm with 10+ years of trial advocacy experience. With a dedicated Beaufort dog bite lawyer from our team advocating for your rights, you can avoid being stuck dealing with the cost of someone else’s recklessness.
When to Sue for a Dog Bite in Beaufort
One of the top questions you might have for your dog bite attorney in Beaufort is how you are going to recover the compensation you are entitled to. You may not be sure whether you have the right to file a lawsuit, pursue an insurance claim, or how you will hold the dog owner accountable for the actions of their pet after an attack or bite.
You may also be unsure whether you have the right to move forward with a claim.
However, for any type of personal injury court case to be successful, your Beaufort dog bite lawyer will need to show that someone else is at fault for the injuries you sustained. Generally, dog owners have a duty to maintain control over their pets. When they fail to do so either by refusing to use a leash or other safety devices, installing fencing around the property, or taking other measures, they can be held accountable when their dog causes injuries.
Types of Injuries You Can Include in Your Claim
If you are dealing with another type of injury we did not include in the list below, you may still have the right to pursue legal action for your losses. Your dog bite lawyer in Beaufort will carefully evaluate the details of your case to determine how you can recover your damages in full. Some of the more common types of injuries you may be able to sue for after a dog bite or attack include:
- Lacerations leading to septic shock
- Organ failure and internal bleeding
- Traumatic or surgical amputation
- Dental injuries or facial injuries
- Concussion or traumatic brain injury
- Spinal cord injuries, including paralysis
- Significant emotional distress
- Road rash, whiplash, and burn injuries
How South Carolina Dog Bite Laws Work
Every state has its own laws regarding how dog bite cases are handled. However, dog bite laws generally fall into one of two categories: strict liability states and one-bite rule states.
In states that follow the one-bite rule, the dog who attacked you must have previously shown a propensity towards aggression or violence or bitten someone before for your case to be successful. However, South Carolina does not follow the one-bite rule. Instead, we follow strict liability laws per SC Code Section 47-3-110.
Dog owners will be held strictly accountable for the actions of their dogs when they fail to maintain necessary control over their pets. This can include vicious attacks by dogs and other pets. However, it can also include injuries that occur when a dog owner loses control of their dog, and the dog causes another person to slip and fall or suffer other injuries.
Dog Owner Liability Exclusions
There are some instances in which you may not be able to pursue a claim against the dog owner. For example, let’s say the dog owner had installed fencing around their home, but the dog got out. Instead of looking to the dog owner for liability, your Beaufort dog bite attorney might look towards the fencing company that installed it, the manufacturer of the fencing materials, or other third parties.
Those who are accused of provoking a dog may also face scrutiny when they pursue an insurance or civil claim. Provocation can include hitting, kicking, punching, scratching, yelling, throwing things at the dog, and otherwise attempting to incite the dog to act aggressively or violently. Individuals who provoke a dog may be less likely to successfully pursue compensation for their losses.
Modified Comparative Fault
South Carolina follows modified comparative negligence laws under South Carolina Code § 15-38-15. Even if you are accused of provoking a dog, as long as you are not more than 51% responsible for causing your injuries, you may still be awarded compensation for your damages. You could easily expect your injury settlement to be reduced in proportion to the percentage of blame you carry.
For instance, imagine you are accused of provoking a dog, and the judge finds you 40% responsible for the injuries you sustained. If the jury initially awarded you $400,000, your injury settlement would be reduced by 40%. This would leave you with a final settlement valued at only $240,000.
Types of Recoverable Damages After a Dog Bite in Beaufort
There are a variety of damages that could be recovered through your Beaufort dog bite claim. However, you might be surprised to learn that these damages include more than just financial losses. You have the right to be repaid for not only your financially based damages but your emotional trauma and physical injuries as well, and some examples of the various damages that could be paid out in your dog bite claim could include:
- Chronic pain
- Mental anguish
- Disfiguring or skin scars
- Embarrassment
- Fear and anticipation
- Shock
- Lost income
- Ambulance bills
- Your hospital stay
- Prescription medication costs
- Cost of mental health counseling
- Loss of employee benefits
- Loss of health insurance from your employer
- Future medical care
- Loss of enjoyment of life
- Loss of consortium
Punitive Damages
Your dog bite personal injury settlement could also be increased to account for punitive damages. These are not an entitlement, but an award issued by the courts to ensure liable parties are punished for egregiousness per South Carolina Code Section 15-32-530. For example, if the dog owner knew the dog had a history of violence or aggression and failed to maintain control over the animal, punitive damages may be appropriate in your case.
Beaufort Dog Bite FAQ
How Much Longer Do I Have to File My Dog Bite Lawsuit in Beaufort?
Your dog bite lawsuit needs to be filed before the statute of limitations expires. Under the South Carolina Code of Laws Section 15-3-530, the statute of limitations will generally expire exactly three years from the incident. However, we often find the statute of limitations temporarily paused, especially in dog bite cases where children are injured.
Not only could the statute of limitations be tolled if your minor child suffered injuries, but if you received a delayed diagnosis or the dog’s owner is out of state, the countdown will temporarily pause until it can be resumed based on the circumstances of your case. Do not be alarmed if you are unsure of the statute of limitations deadline in your case. Connect with your Beaufort dog bite attorney to get the answers you need when you need them most.
Can I Represent Myself if I Cannot Afford to Hire an Attorney?
You do not need to represent yourself if you cannot afford to hire a dog bite lawyer in Beaufort. Instead, you can contact our team at Shelly Lee Law Firm to hire a dog bite attorney in Beaufort on contingency. Per the South Carolina Judicial Branch Rule 1.5: Fees, contingency agreements allow you to build your case against the liable party without paying any out-of-pocket expenses or attorney’s fees.
We cover all the expenses and do not get paid unless we win. Our attorney’s fees come out of your settlement, so the amount we are entitled to will be directly tied to the amount of compensation you recover. Most contingency agreements range from 20% to 40%.
Can the Insurance Company Deny My Claim Because of the Dog Breed?
Yes, the insurance company can deny your claim because of the dog breed. The dog owners’ homeowners insurance policy may exclude specific types of dog breeds, according to Best Friends Animal Society. If this is the case, the insurance company may be under no obligation to approve your claim for compensation.
Speak with a Dog Bite Attorney in Beaufort Today
Being viciously attacked or injured by someone else’s dog is unacceptable. The dog’s owner should be compelled to cover your expenses in full. They should ensure you have access to the compensation you are going to need to deal with the emotional fallout and physical damage of your injuries.
You can take steps to demand justice when you contact a respected Beaufort dog bite attorney at Shelly Leeke Law Firm. Schedule your no-cost, risk-free consultation. You can reach us by phone or through our convenient contact form to find out how much your dog bite claim could be worth today.
