How to file damage compensation for Nevada Dog Bites?
The CDC reports that nearly 4.5 million people in the United States are bitten by dogs every year and about 800,000 of those cases result in the need for medical attention. This means that one out of every 73 persons will be bitten by a dog, which is a frightening thing to think about. The question is, what does a person do about a dog bite after it occurs? What legal remedies can be pursued? These questions and more will be answered in this article.
What Can Be Done after Being Bitten by a Dog in Nevada?
Because the laws vary from state to state about how to proceed with pursuing legal remedies after a dog bite or other personal injuries, this article will deal with one state: Nevada. The chances are that you will want someone to pay for any medical expenses and get other damages if you were bit by a dog anywhere. In the State of Nevada, the law recognizes the "one-bite rule," which makes a dog owner liable for any injuries that his or her dog inflicts upon another person. If the medical expenses incurred by the victim are substantial enough, it might be worth it to pursue a lawsuit.
What to Do About a Dog Bite Case in Nevada
A victim of a dog bite in Nevada should be aware that the statute of limitations allows for two years from the date of the bite to file a personal injury lawsuit in a civil court. If this time passes, any opportunity to have the case heard or to be awarded damages will probably be refused by the courts. The victim should also keep in mind that Nevada applies the modified shared fault rule, which means any percentage that the victim is found to be at fault (in this case for the dog bite) will be reduced by any damages received.
More about Recovering Damages for Dog Bites in Nevada
The victim must also be aware that if he or she is found to be 50 percent or more at fault for the dog bite, no damages will be awarded. For example, if the victim was antagonizing the dog and the owner had warned that the dog might bite, this is a case where the victim might not receive any damages. The bottom line is that a victim should only pursue a case if there is a good chance of winning. Otherwise, no injury claim will be worth it. The bitten person will need to hire a good lawyer or law firm if a lawsuit is determined to be valid.
Other Things to Keep in Mind
As a general rule in Nevada, dog owners are expected to present a certain level of reasonable care and duty for the actions of their pets. Negligence will be the major factor in proving the bite victim has a case. For example, if a dog owner fails to restrain the dog on a leash or does not have proper fencing to keep the dog from breaching the fence, this could be determined to be negligence. If the dog has a history of attacking or threatening to attack, this could also be a mitigating factor in determining if the bitten person has a good case. A good attorney will be able to clarify whatever is not clear to a potential client.
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