Bitten by a Dog?
Contacting a lawyer can help protect your rights and eligibility to recover compensation for your medical costs and other losses. At Massey & Associates, we have years of experience handling dog bite cases, and we have the knowledgeable staff and resources to help you navigate the legal system.
We have helped thousands of clients injured in accidents caused by the negligence of others. We offer free consultations with no upfront fees, and our attorneys are available to discuss your situation 24/7.
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Who Can File a Dog Bite Lawsuit in Tennessee?
In Tennessee, anyone who has been bitten or attacked by a dog may file a lawsuit if the incident occurred in a public place. This law also extends to the private property of a dog owner. Say you were walking on a public sidewalk and a dog ran out of its yard and bit you without any provocation. In that situation, you would likely have grounds to file a lawsuit. Similarly, if you were visiting a friend’s house and his or her dog bit you, you may also be eligible to pursue a claim.
Dog owners are generally responsible for the damages a bite victim suffers. State law no longer requires victims to prove history of aggression, referred to as “strict liability” in legal terms.
Exceptions to Liability
Certain exceptions where a dog owner may not be held liable for a bite include situations, such as:
- The dog bit you while protecting its owner from attack
- You provoked the dog to bite you
- The dog was a police or military dog on duty
- The victim was trespassing on private property
- The dog bit you while securely confined in a cage or other containment
It can be difficult to prove that a dog owner is responsible for the attack. Many owners claim that the dog bit the victim after being provoked or that the victim trespassed. A Chattanooga animal attack lawyer understands how state law applies to dog attacks, including how to establish a dog owner’s negligence and prove you did not provoke an attack.
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What Could Victims Recover Through a Lawsuit?
Dog bite victims in Tennessee should not have to pay for losses, like medical costs, caused by the negligence of others. If eligible injured victims may be able to recover compensation for these and other damages:
- Medical costs: Any medically necessary expenses related to the dog bite, including emergency care, stitches, follow-up care and other damages would likely be covered.
- Pain and Suffering: This compensation covers the physical pain and emotional distress resulting from the injury.
- Emotional Distress: Damages for psychological impacts such as anxiety, depression or post-traumatic stress disorder (PTSD) caused by the attack.
- Loss of Consortium: Compensation for the negative impact on relationships with a spouse or family members due to the injury.
- Permanent Disability or Disfigurement: Damages for long-term or permanent physical impairments or scarring resulting from the bite.
- Loss of Future Earnings: Compensation for the inability to earn income in the future due to lasting injuries.
- Rehabilitation Costs: Expenses for physical therapy, occupational therapy or other rehabilitative services needed for recovery, including physical therapy and occupational therapy.
- Property Damage: If personal property was damaged during the dog bite incident.
- Punitive Damages: In cases where the dog owner’s conduct was particularly egregious, punitive damages may be awarded to punish the owner and deter similar behavior.
- Legal Fees: Reimbursement for attorney fees and court costs incurred in pursuing the lawsuit.
The amount of compensation awarded depends on several contributing factors, including:
The Severity of Your Injuries: A laceration to your hand, for example, may not incur as much medical costs as a bite to your face or neck.
Circumstances of the Attack: An assessment may include whether there were warning signs about an aggressive dog. Other factors may enter in as well, such as whether you were expected or allowed on the property and where you were attacked. Victims who deliberately provoked a dog will likely not have a valid case.
Insurance Coverage: Availability and limits of the dog owner’s insurance policy.
Compensation varies based on the overall value of the case, and any contributing factors. These are just a couple of reasons to contact a Chattanooga dog bite attorney at Massey & Associates after seeking proper medical care.
Case Results
We make sure to hold an aggressive representation on all cases as well as communicate effectively and demonstrate a high level of professional ethics for the rights of our clients.
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$268,000,000
Product LiabilityThis was a national case covering hundreds of plaintiffs when an implanted heart defibrillator malfunctioned, injuring many and even killing some people.
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$2,000,000
Medical MalpracticeHusband of a young mother who died due to the failure to diagnose a pulmonary embolism
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1,311,750
Motor Vehicle AccidentBoy injured in a jet ski accident
Common Injuries From a Dog Bite
Even just a brief bite from a dog, large or small, can lead to an injury. Some of the most common dog bite injuries include:
Puncture Wounds
Puncture wounds vary in severity from mild to severe. These injuries can penetrate deep into the skin, reaching muscles, nerves or bones. While a deeper wound requires significantly more treatment, even small puncture wound pose a risk of serious infection. Getting these wounds thoroughly cleaned right away can help to avoid serious infections. In some cases, victims may also need tetanus shots and antibiotics.
Lacerations
Lacerations can also occur from a dog bite. Sometimes these bites are less severe superficial cuts that will heal quickly with proper medical treatment. Others, however, may cause significantly deep wounds. These injuries may cause a lot of bleeding and may even damage underlying muscles, tendons and other soft tissues. Treatment typically involves cleaning and stitching the wound; but severe cases may require surgery to repair deep tissue damage.
Infections
Infections from dog bites can be life-threatening if not treated immediately. Bacteria from the dog’s mouth can lead to infections such as cellulitis, abscesses or sepsis. Treatment includes proper cleaning of the wound, followed by antibiotics and close monitoring by healthcare professionals to manage any complications.
Crush Injuries
A dog’s jaws are strong enough to cause crush injuries. These injuries may cause severe damage to bones, muscles and nerves, potentially leading to long-term disability left untreated. Immediate medical evaluation is crucial. Treatment may include surgery followed by extensive rehabilitation to regain function in the injured body part.
Rabies
Exposure to rabies is no joke. Without immediate treatment, the damage is potentially life-threatening. rabies virus can cause serious neurological damage and death. Immediate treatment involves rabies post-exposure prophylaxis (PEP), which includes a series of rabies vaccinations.
Scarring and Disfigurement
Scarring and disfigurement is a possible result of any dog bite injury. The severity of the scarring depends on the depth of the wound and whether it becomes infected. The location of the wound also plays a role in the level of emotional trauma and disfigurement. Dog bite to the face, for example, may require significant surgeries and leave victims suffering from emotional trauma and loss of self-esteem. In addition to surgery, victims may need ongoing emotional counseling to deal with post-traumatic stress (PTSD) related to the attack and disfigurement.
Nerve Damage
Nerve damage can result in the loss of sensation, weakness or the inability to use the affected limb properly. Treatment often includes surgical repair of nerves, physical therapy and sometimes long-term rehabilitation.
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Can Hiring a Lawyer Help My Case?
Yes, hiring a lawyer has the potential to significantly enhance your case’s strength and outcome. At Massey & Associates, we provide the professional legal assistance and compassionate support you need, including:
Understanding Complex Legal Terms and Processes
We can break down the confusing legal jargon and processes into clear language that you can comprehend. This helps you remain fully informed and empowered to make the best decisions for your situation.
Accurate Assessment of Your Case
If we represent you, our lawyers will thoroughly evaluate your case, identifying all potential avenues for compensation. This includes assessing medical expenses, lost wages, pain and suffering and other relevant factors. When we manage your case, we strive to consider all aspects of your damages.
Negotiating with Insurance Companies
Insurance companies often aim to settle claims quickly and for as little money as possible. Having a lawyer on your side levels the legal playing field. We are prepared to negotiate assertively on your behalf for a fair settlement. If the insurance company is unwilling to offer a reasonable amount, we are prepared to take the case to court.
Gathering and Presenting Evidence
Building a strong case requires gathering substantial evidence, including medical records, witness statements and expert testimonies. We know what evidence is needed and how to present it effectively to support your claim.
Providing Emotional and Legal Support
The aftermath of an accident is emotionally taxing for victims and their families. At Massey & Associates, we understand the toll it takes and provide empathetic support to our clients throughout the legal process. Having a lawyer not only aids your legal standing but also offers reassurance and peace of mind. We want you to be able to focus on your physical recovery while we manage the legal intricacies.
Maximizing Compensation
Without legal representation, you might not be aware of all the compensation avenues available to you. Our knowledgeable lawyers work to maximize your compensation by considering all present and future costs related to your injury. Our goal is to do all we can to ensure you are not left covering costs out-of-pocket later.
Injured?
Contact Massey & Associates, P.C.
You do not need to feel intimidated by the insurance company. The law gives you the right to seek compensation for damages after an injury caused by another’s negligence. The law also allows you to hire an experienced lawyer to help level the legal playing field and seek a favorable result.
Massey & Associates, P.C. has many years of experience securing justice and compensation for the injured in the Tampa area. There are no fees unless we win your case, either through a settlement or in the courtroom.
Call (423) 396-0720 to get legal help today..
What Is the Deadline for Filing an Injury Claim?
The statute of limitations establishes how long you have to file your injury claim. In Tennessee, the statute of limitations for personal injury claims, including dog bites, is generally one year from the date of the incident. This means you have one year to begin legal proceedings against the responsible party. If you miss this deadline, you may forfeit your right to seek compensation.
Though rare, there are some exceptions that might extend or shorten this timeframe. For instance, if the injured party is a minor or in instances of fraud or the discovery of an injury at a later date.
We strongly recommend consulting with a lawyer as soon as you can after the incident. Filing your claim promptly is essential for several reasons:
- Preservation of Evidence: Evidence such as medical records, witness statements and accident reports is critical to building a strong case. Delays can result in losing this vital information.
- Witness Reliability: Witnesses’ memories can fade over time, and their availability can also change. Acting quickly helps us to gather the most accurate and compelling testimonies to support your case.
- Legal Preparations: Building a robust legal case takes time. Like every case, we will need to do a thorough investigation and gather evidence. Starting the process early allows our legal team to develop a comprehensive strategy tailored to your unique circumstances. It also gives us more leverage to negotiate a settlement on your behalf.
Consulting with a knowledgeable dog bite lawyer in a free case review can help you understand any special conditions that might apply to your situation
What Is the Definition of a Dangerous Dog in Tennessee?
According to Tennessee law, a dog that has attacked a person or another animal without provocation or has a history of aggressive behavior is dangerous. If a dog bit another person in the past, it might be classified as dangerous. Owners of dangerous dogs have specific obligations, including:
- Registering the presence and details of the dangerous dog with local authorities keeps owners in compliance with safety regulations.
- Keeping a dog in a secure enclosure involves confining the dog in a space designed to prevent escape. Enclosures could include a secure fence, locked gates or even a cover or floor to stop jumping or digging.
- Placing visible warning signs at all entrances and relevant areas of the property to inform and protect visitors that a dangerous dog is present.
When owners fail to comply with these regulations, and their dogs attack, they may be held liable for any resulting damages.
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Dog Breeds That Are Known To Be Dangerous
Understanding the potential risks associated with certain dog breeds can help you stay informed and vigilant. While any dog, regardless of breed, can exhibit aggressive behavior under specific circumstances, some breeds, including the following, have a history of aggressive behavior:
- Pit Bull Terriers: Known for their strength and tenacity, pit bulls have been involved in a significant number of serious bite incidents.
- Rottweilers: These powerful and protective dogs may demonstrate aggressive behavior, particularly if they perceive a threat to their family or territory.
- German Shepherds: Highly intelligent and trainable, German shepherds are often used in police and military roles but they can exhibit aggression if not properly socialized.
- Doberman Pinschers: Loyal and protective, Dobermans can become aggressive toward perceived threats or strangers if not socialized early.
- Chow Chows: Known for their independence and aloofness, Chows can be aggressive toward strangers and other animals.
- Bullmastiffs: These large and powerful dogs can exhibit dominant behavior and aggression, particularly toward strangers.
- Huskies: While typically friendly, Huskies have a high prey drive and may exhibit aggressive behaviors if not trained and socialized.
- Boxers: Energetic and strong, Boxers can display aggression if not sufficiently exercised or socialized.
- Dalmatians: Known for their distinct appearance, Dalmatians can exhibit aggressive behavior, particularly if they feel threatened or mistreated.
- Akitas: These strong and independent dogs can be aggressive towards strangers and other animals if not trained.
- Individual dogs may vary within breeds, and responsible ownership, training and socialization play crucial roles in a dog’s behavior.
Representing the People of Tennessee and Georgia
Massey & Associates consistently earns repeat business and referrals due to our success. We often win cases other attorneys deemed hopeless, turning them into victories for our clients.
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Gary Massey
Read Bio: Gary MasseyGary Massey, Jr., is a well-known courtroom advocate practicing law in Chattanooga, Tennessee. Gary is a native of Tennessee who began practicing law in 1998. He graduated from Cumberland School of Law where he was ranked in the top 3% of his class and was an editor of the Cumberland Law Review.
Dog Bite Cases Involving Trespassers
Under Tennessee law, dog owners are generally not liable if their dog bites a trespasser. A trespasser is defined as someone who enters another person’s property without permission. For example, if a burglar breaks into a home and is bitten by the homeowner’s dog, the owner would likely not be held liable for those damages.
However, defining a trespasser can be complex. A delivery person or utility worker are not trespassers as they are doing their job. A child is also not likely to be considered a trespasser, as young children are not yet old enough to understand
Claims Involving a Friend or a Family Member’s Dog
Dog bites involving the pets of close friends or family members are extremely upsetting for all parties involved. People hesitate to sue because of the personal relationships they have with each other.
It is natural to feel reluctant to pursue a claim against someone you care about. However, it is important to remember that homeowners’ insurance policies often cover dog bite incidents. This means any compensation would come from the insurance company, not directly from your friend or family member.
Say, for example, that you are at a family barbecue and your cousin’s dog bites you. If the wound breaks the skin and results in medical bills, you may be able to file a claim through his or her homeowner’s insurance to recover your expenses.
What To Do After Suffering a Dog Bite Injury
If you have been attacked and bitten by a dog, you should immediately take the following steps to protect your health and legal rights:
- Seek Medical Attention: Animal bites have a high risk of causing infection. Seek emergency medical care to have the wound cleaned and treated to prevent serious infection. This step also creates a record of your injury.
- Report the Incident: Report the bite to local animal control or law enforcement. This step can help to protect others from a dangerous dog. It also creates an official record of the incident.
- Gather Evidence: Collect information about the dog owner and contact details of any witnesses. Your priority is to protect yourself, seek medical attention and put distance between you and the attacking animal. When your injuries have been stabilized, you should take photos of them, as well as the location of the attack.
- Consult an Attorney: Contact a knowledgeable dog bite lawyer as soon after the attack as possible to discuss your case and explore potential legal options.
Our experienced lawyers are prepared to help determine whether there is sufficient evidence for your case, negotiate with insurers and represent you in court if a settlement cannot be reached.
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Call Your Chattanooga Dog Bite Lawyers
Getting attacked and bitten by a dog is extremely traumatic, especially for young children. This is not a situation you should have to manage on your own. Often the outcome for victims who hire an attorney is significantly better than those who choose to go it alone. This is primarily because an attorney has in-depth knowledge of the law and your rights.
At Massey & Associates, we have a knowledgeable and compassionate legal team. We are deeply committed to helping dog bite victims in Chattanooga and surrounding areas recover compensation.
Our attorneys are prepared to work tirelessly on your behalf to protect your legal rights and best interests. We want you to be able to focus on healing, so you can begin to move forward with your life.
Initial consultations are completely free. If we represent you, there are also no upfront costs or fees to pay. We are conveniently located a few minutes away from the Chattanooga Metropolitan Airport.
Deadlines Apply. Call (423) 396-0720 today to learn more.
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