If you’ve suffered injuries from a dog bite in Tennessee, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. Knowing how to file a dog bite claim is crucial to protecting your rights and securing the financial recovery you need.
At Weir & Kestner Injury Lawyers, we guide injured victims through every step of the claims process, ensuring their interests are fully represented. Keep reading to learn how to file a dog bite claim, then call our Murfreesboro dog bite lawyers at (615) 220-4180.
Understand Tennessee’s dog bite laws
Tennessee operates under strict liability and negligence principles for dog bite cases. According to Tennessee Code § 44-8-413, dog owners can be held strictly liable for injuries their dog causes, even if the dog has no history of aggression, particularly when the bite occurs in a public place or when the victim is lawfully on private property. However, exceptions apply, such as when the victim provokes the dog or is trespassing.
Steps to file a dog bite claim
1. Seek immediate medical attention
Your health should be your top priority. Dog bites can lead to serious infections like rabies or tetanus, so prompt medical treatment is essential. Keep all medical care records, as these documents will play a key role in your claim.
2. Report the incident to authorities
Notify local animal control or the police about the attack. An official report can serve as valuable evidence when building your case. Additionally, authorities can investigate whether the dog has a history of aggression or is up-to-date on vaccinations.
3. Gather evidence at the scene
Document the incident as thoroughly as possible. Evidence that can support your claim includes:
- Photos of your injuries and the location of the attack.
- Contact information for the dog owner and any witnesses.
- Details about the dog, such as its breed and vaccination status.
4. Notify the dog owner or their insurance company
Most homeowners’ insurance policies include coverage for dog bites. Notify the dog owner or their insurer of your intent to file a claim. However, avoid giving detailed statements or signing documents without consulting an attorney.
5. Consult a dog bite attorney
Working with an experienced dog bite lawyer, like those at Weir & Kestner Injury Lawyers, can significantly strengthen your case. Your attorney will:
- Evaluate the details of your case.
- Identify the liable parties and applicable insurance coverage.
- Handle all communications with insurance adjusters.
- Build a compelling claim to secure the maximum compensation you deserve.
6. File the claim
Your attorney will formally submit your claim to the insurance company, including evidence of liability and documentation of your damages, such as medical bills, lost wages, and pain and suffering. They will negotiate on your behalf to secure a fair settlement.
7. Litigation, if necessary
Your attorney may file a lawsuit if the insurance company refuses to offer a reasonable settlement. While most cases settle out of court, litigation may be necessary to achieve the compensation you deserve.
Common challenges in filing a dog bite claim
Filing a dog bite claim can be complex, with several challenges, including:
- Liability disputes: The dog owner may deny responsibility or argue that you provoked the dog.
- Insurance company tactics: Insurers may attempt to undervalue your claim or delay the process.
- Statute of limitations: Tennessee law imposes a one-year deadline for filing personal injury claims, including dog bite cases, under Tennessee Code § 28-3-104.
Contact us today for a free consultation
At Weir & Kestner Injury Lawyers, we provide compassionate and skilled representation for dog bite victims in Tennessee.
We handle every aspect of your claim, from gathering evidence to negotiating with insurance companies and, if necessary, litigating your case in court.
We aim to alleviate your stress and secure the compensation you need to recover and move forward.