Families that are dealing with the effects of dog attacks in Alabama have clear legal rights. If someone else’s dog bit your child, at a minimum, you can seek just compensation for your family’s out-of-pocket costs. But, if the dog’s owner was aware that the dog was dangerous, you may be able to seek just compensation for your child’s non-financial losses as well. An experienced Birmingham dog bite lawyer can explain your family’s legal rights and take appropriate legal action on your family’s behalf.

Dog attacks can have serious physical and psychological consequences for victims of all ages. As a result, if your child was bitten by someone else’s dog, it will be important for you to seek the financial compensation your family deserves. Parents can file dog bite claims in a wide range of circumstances—and they can hire a Birmingham dog bite lawyer to represent them at no out-of-pocket cost.

Alabama’s “Strict Liability” Rule for Dog Bites: What It Means for Your Family

Alabama has adopted a “strict liability” rule for dog bite cases. This has important implications for victims and their families.

Under Alabama’s strict liability rule, dog owners can be held liable for attacks regardless of how, when, and why they occur—with only limited exceptions. This means that if your child was bitten by someone else’s dog, there is a good chance that your family has a claim for just compensation. When you sit down with an experienced Birmingham dog bite lawyer, your lawyer will be able to provide a thorough assessment of your family’s legal rights based on the specific circumstances involved in your child’s dog attack.

If your family has a dog bite claim, a key question will be whether the dog’s owner knew that the dog was dangerous. While all dog owners are subject to Alabama’s strict liability rule, dog owners who can prove that they were not aware of their dog’s vicious propensities are only liable for victims’ “actual expenses” under Section 3-6-3 of the Alabama Statutes. In cases involving child victims, “actual expenses” generally include the child’s medical bills and other costs related to the child’s treatment and recovery.

However, if the dog’s owner cannot prove that he or she was unaware of the dog’s vicious propensities, then you can—and should—seek full compensation for your child’s financial and non-financial losses. This includes compensation for your child’s emotional trauma, physical pain and suffering, and any other immediate or long-term consequences of the attack.

Documenting Your Family’s Dog Bite Claim in Alabama

Regardless of the damages your family is entitled to recover, seeking just compensation starts with documenting your family’s dog bite claim. Among other things, this involves:

1. Hiring a Lawyer to Preserve Key Evidence

You should hire a lawyer to conduct an investigation as soon as possible. After a dog attack, it is critical to preserve key evidence before it disappears. From forensic evidence at the scene of the attack to eyewitness statements or doorbell camera footage, various forms of evidence may be available.

2. Keeping Your Child’s Medical Records and Your Family’s Medical Bills

Your child’s medical records and your family’s medical bills will be key evidence as well. While your Birmingham dog bite lawyer will be able to obtain copies of these if necessary, you should try to keep copies when you can.

3. Documenting the Day-to-Day Effects of Your Child’s Dog Attack

Going forward, you should do your best to document the day-to-day effects of your child’s dog attack. If you can keep records of your child’s daily pain levels, any difficulty sleeping or getting around the house, and any activities or events your child misses as a result of the attack, this will help ensure that your lawyer can fight for maximum compensation on your family’s behalf.

What Not to Do After Someone Else’s Dog Bites Your Child in Alabama

Along with taking these steps, you should also be careful to avoid mistakes that could compromise your family’s claim for damages. For example, after someone else’s dog bites your child in Alabama, you should not:

  • Attempt to retaliate or harm the dog in any way;
  • Wait to seek care for your child (if you cannot afford to pay your child’s medical bills, there are options available);
  • Wait to hire a lawyer to represent your family;
  • Make unfounded assumptions about your family’s legal rights or chances of filing a successful claim; or,
  • Rely on the dog owner’s insurance company to voluntarily pay the full compensation your family deserves.

While seeking just compensation for a dog attack often involves filing an insurance claim, the insurance companies are not on your side in this scenario. If the dog’s owner has liability insurance that covers the attack, his or her insurance company will be focused on paying your family as little as possible.

FAQs: Filing a Claim After Your Child Was Bitten By Someone Else’s Dog in Alabama

Do you have to file a lawsuit to seek compensation for a dog attack in Alabama?

In most cases, filing a lawsuit is not necessary. If the owner of the dog that bit your child has homeowner’s insurance or renter’s insurance, seeking just compensation will most likely involve dealing with his or her insurance company.

How do I prove that my child was bitten by someone else’s dog?

Your child’s medical records should show that his or her injuries are consistent with a dog bite. However, this won’t necessarily be enough on its own. To make sure you have all of the evidence you need to file a claim, you should hire an experienced Birmingham dog bite lawyer as soon as possible.

Is it free to hire a lawyer to file a dog bite claim?

It costs nothing out-of-pocket to hire a lawyer to file a dog bite claim on your behalf. Our firm handles these cases on a contingency-fee basis, which means our clients only pay if we win.

Discuss Your Family’s Legal Rights with a Birmingham Dog Bite Lawyer for Free

If you need to know more about your family’s legal rights after a dog attack in Alabama, contact us today. Call 205-855-2745 or request a free consultation online to speak with an experienced Birmingham dog bite lawyer as soon as possible.