Being bitten by a dog can be a physically and emotionally devastating experience. If you are a parent of a child who has been bitten by a dog, in addition to being emotionally devastated, you might also feel guilty and powerless to do anything after the fact.
Pintas & Mullins Law Firm represents clients who experience dog bite injuries. To learn more about whether you might be eligible to receive compensation for the harm and suffering you and/or your family has endured, call Pintas & Mullins Law Firm today at (800) 816-0755.
We offer free, no-commitment consultations and take no payment upfront. We want you to focus on your recovery and not your lawsuit, so we make it as easy as possible for you, working on a contingency basis. You pay nothing unless we win a settlement or verdict for you.
Time Limits for Filing a Lawsuit
Each state has its own “statute of limitations.” In Kansas, the statute of limitations for personal injury lawsuits, like dog bite injury lawsuits, is two years, according to Kansas Statutes (KS) §60-514(b). Your lawsuit must be filed within two years of the exact date of your accident. After this time period has elapsed, you will no longer have the right to seek justice for this injury, and unfortunately, there is no way to extend a statute of limitations, regardless of how severe the injury.
There is, however, one special exception to the two-year statute of limitations. If a child is bitten by a dog, a different statute of limitations applies.
Winning a Dog Bite Lawsuit
When it comes to proving negligence in dog bite cases, every state is different. Some states are “strict liability states.” Those states have a statute, or law, that says that, except for in extremely rare situations, a dog owner is 100% liable for their dog and its behavior. Kansas is not a “strict liability state.”
In Kansas, there is no specific statute, rule, or law that applies to situations where one is bitten and injured by another’s dog. Instead, Kansas applies the “one bite rule” standard in issues of dog bite liability.
The reason this is called the “one bite rule” is because, to be held liable for their dog’s vicious behavior, an owner must have already known or had reason to believe that their dog was dangerous and a risk to the safety of others. Those aggressive behaviors must have been manifested in the past. Suspicion of aggressiveness would not be enough. A dog would have actually had to have displayed their aggressiveness by previously attacking another person before you.
Further, the burden to prove the owner knew the dog had vicious tendencies rests on the plaintiff, or victim. The injured party must prove that the dog owner already knew their dog was a safety risk to others and that it had already manifested vicious propensities.
Though Kansas has a higher standard to prove a dog owner’s negligence, it can be done. We can discuss your case with you in more detail and elaborate on the specific issues of liability involved.
Dog Bite Damages Awarded
All of the losses a person experiences because of their injury are divided into two groups, or two types of compensation: economic, which accounts for all financial losses, and non-economic, which accounts for pain and overall suffering.
Recovery from severe dog bite injuries can be incredibly expensive. Some of the expenses include hospital stays and surgeries.
Dog bite injuries often do require surgery and, more often than not, those surgeries cannot be done by emergency room doctors and general surgeons alone. They depend on the assistance of plastic surgeons, to help with reconstructive procedures. Other dog bite expenses include diagnostics, potentially lengthy hospital stays, follow-up appointments, physical therapy, medication for surgeries and to prevent infection (a common dog bite complication).
The expenses for medical care can add up quickly. If you, or your injured family member, had to have medical treatment as a result of a dog bite, costs associated with that would be compensated for by economic damages.
Non-economic damages compensate dog bite victims for losses associated with their accident, like scarring and disfigurement, lengthy recovery times, and other emotional and physical costs. Any factor that might decrease a person’s overall quality of life is to be compensated by non-economic damages. Damage amounts are negotiated with the defendant, or the liable party, or decided by a jury if the case goes to trial.
Collecting damages is not just about winning your lawsuit. A fair compensation award should help also ensure that you will experience no more harm from your accident. It is to give you the peace of knowing that you can focus solely on rebuilding and healing from your injury, instead of worrying about how you will pay for it.
If you have been injured by a dog, a negligent dog owner is likely responsible. Whether they did not know their dog was capable of attacking, or they did and did not take extra precautions, they should be held accountable.
It is your right to seek justice for harm inflicted on you by another or their animal. At Pintas & Mullins Law Firm, we believe you should get the compensation that you deserve. We will help you fight to prove that the dog bite you suffered was the result of negligence. We will listen to the details of your accident and help you determine whether you might be eligible for damages. If so, we can help you collect evidence to help prove your case. We can negotiate on your behalf for a fair settlement or advocate for you in trial if that becomes necessary.
Call us today at (800) 816-0755 to see how a Kansas dog bite lawyer can help you with your case. Pintas & Mullins Law Firm offers free, no-commitment consultations and takes no payment upfront. We work on a contingency basis and are not paid until we win a settlement or verdict in your favor.