A dog bite is a serious incident that can lead to lifelong disability, pain, and possibly even death. Dog bite lawyers in New Jersey regularly see a variety of injuries to both children and adults. These are injuries which, based on the circumstances, may allow the victim to seek out compensation for the damages caused.
This article will discuss the benefits of hiring a dog bite lawyer in New Jersey, and what you can expect after initiating the legal process to seek compensation.
Court Complexities
One of the primary reasons people hire attorneys is to ensure their rights are preserved, and that they are provided with the best outcome possible for their case. The reason this process requires an attorney is because it can be particularly complex.
The law, whether it’s for dog bites or anything else, is a complex system filled with rules, loopholes, and precedent. Additionally, there are procedural difficulties, deadlines and documentary filings. The initial phase of your case will involve drafting a complaint, filling out an information sheet, and making the proper fee payments to your county’s clerk. The complaint will be the most important part of your case; however, if new facts are discovered or other important information needs to be shared, an amended complaint can typically be filed, too.
In order to save time, an attorney will be able to quickly and accurately process your paperwork and cover all the necessary elements in the complaint so that you are not left with any lingering questions. An experienced dog bite attorney will know how to navigate that system in order to seek out the compensation you or the injured party truly deserves.
Strict Liability & Negligence
A dog bite attorney will have a firm understanding of the strict liability and negligence laws in New Jersey. As a result of their understanding, they’ll be better able to handle your case.
Strict liability is a commonly used legal doctrine that is used to determine fault in certain cases. In a dog bite case, it would mean that the dog owner is automatically at fault so long as the injured party can prove the dog was owned by that person and that they were injured. While that may seem simple at first, there are potential disruptions that can happen. An injury attorney who has handled these types of cases will know how to navigate any potential issues and ensure that adequate evidence is provided to strengthen your case.
The negligence doctrine requires an injured party to show that the dog owner had a responsibility to take care of the dog’s behavior, failed to do so, and the party was injured as a result. Similar to strict liability, using this charge in a civil case will require an attorney who exercises due diligence, and has an understanding of what potential defenses may be.
Evidence Gathering
Whether law enforcement was involved or not, there will be different steps that an injured party can take to gather evidence. However, it’s not as easy as simply going around and talking with neighbors who may have seen what happened. Instead, a dog bite attorney will use an experienced investigator who can obtain photographs, sworn and notarized statements, and law enforcement evidence, if applicable. Note: if you were bitten by a dog very recently, it is advisable to contact law enforcement to create a record of the incident.
If law enforcement was involved, your attorney may initiate a process known as “discovery.” Simply put, this is the process in which the attorney gathers all the evidence that the police possess. It may also be applicable to medical records and any other evidence that exists.
The New Jersey Rules of Court can be complicated, like most legal topics, and failing to adhere to the rules can cause your case to get dismissed on a technicality. Certain pieces of evidence may require subpoenas or depositions; these are situations that will require the guidance of an attorney. Hiring an experienced dog bite attorney who knows how to follow the rules will strengthen your case and avoid an unnecessary dismissal, while also guaranteeing your case contains all relevant and necessary evidence.
Contact
If you or someone you know was recently injured by a dog bite, contact the law offices of Peter Briskin, Esq., for a FREE consultation. Our attorneys have over 25 years of combined experience handling personal injury claims, and we would be happy to discuss your case with no obligations. We know that recovering from a dog bite is a stressful situation; hiring our experienced team will let you focus on resting and recovering instead of trying to navigate the complexities of the legal system.