Dog Bite Lawyers in Westchester County, NY

Dog Bite Statistics in New York

While data specific to Westchester County is limited, there’s more than enough information to suggest that dog bites are a significant concern in New York. According to the New York State Department of Health and other official sources:

• Approximately 6,600 New Yorkers are hospitalized each year due to dog bites.
• Children under five have the highest rate of dog bite injuries.
• Over 50% of dog bite injuries occur in the victim's own home.

Statistics like these underscore the importance of experienced legal representation in dog bite cases.

How Our Dog Bite Attorneys Will Handle Your Case

At Tomkiel & Tomkiel, we employ a strategic, multifaceted approach to dog bite cases. Here’s how you can expect your case to progress:

• Initial case evaluation: We’ll start by conducting a thorough review of your case, assessing the circumstances of the attack and the extent of your injuries.
• Evidence-gathering: Our team will collect compelling evidence, including medical records, police reports, animal control records, and witness statements.
• Liability assessment: We’ll investigate the dog's history and the owner's knowledge of any aggressive tendencies to establish liability.
• Medical consultation: We’ll work with medical professionals to understand the full extent of your injuries and future medical needs.
• Official communication: Our attorneys will handle all necessary communication with the insurance companies, shielding you from potentially damaging statements.
• Settlement negotiation: We’ll push for a fair settlement that fully compensates you for your injuries and losses.
• Trial preparation: If we can’t reach a satisfactory settlement, we’ll get your case ready to go to court.

Throughout the process, we vow to keep you informed and involved, ensuring that your voice is heard and your needs are met.

Types of Dog Bite Cases We Handle

Our firm has extensive experience managing dog bite-related legal claims, including those involving the following scenarios:

Attacks by a Neighbor's Dogs

These cases often involve complex personal dynamics and can impact community relationships. We navigate these sensitive situations with discretion and professionalism.

Public Park Incidents

Dog bites in Westchester's public spaces raise questions of leash law compliance and public safety. These cases often involve multiple witnesses and can lead to changes in local park policies.

Attacks by Stray or Unleashed Dogs

Attacks by unrestrained dogs can be challenging due to difficulties in identifying the animal’s owner. We’ll explore all avenues of liability, including potential negligence by property owners or local authorities.

Postal Worker and Delivery Driver Attacks

We understand the unique risks faced by workers who must enter private properties. These cases often involve workers' compensation considerations alongside personal injury claims.

Children's Dog Bite Cases

Legal action for attacks on minors requires special attention and care. We’ll consider the long-term physical and psychological impacts and work to ensure that the awarded compensation covers the young victim’s future needs.

Multiple Dog Attacks

These complex cases involve determining the liability of multiple dog owners and often result in more severe injuries. We’ll meticulously investigate each dog's history and the role their owners played to establish comprehensive liability.

Service Dog-Related Incidents

We understand the intricate legal framework surrounding service animals, balancing individual accessibility with public safety. These cases require a nuanced knowledge of both personal injury law and disability rights legislation.

Each type of case presents unique challenges, and our team of seasoned Westchester dog bite lawyers is equipped to handle their specific legal and emotional complexities.

Understanding Our Dog Bite Attorney Fees

We believe all dog bite victims should have access to quality legal representation. For this reason, our fee structure is designed with your financial well-being in mind. Here’s what you can expect:

• Contingency-based fee structure: We only get paid if we secure compensation for you. Our fee is a percentage of the final settlement or court award.
• No upfront costs: You pay nothing out of pocket to retain our services.
• Transparent agreement: During your free consultation, we'll provide a clear, written explanation of our fee structure to ensure that you understand every detail.
• No recovery, no fee: If we don't win your case, you owe us nothing for our time and effort.

This approach allows you to pursue justice without taking on financial risk and ensures that we’re working toward a common goal.

Get Immediate Help for Your Dog Bite Injury

Call now to speak with the experienced team at Tomkiel & Tomkiel and learn how to protect your rights.

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Common Injuries in Dog Bite Cases

Even seemingly minor dog bites can result in serious injuries. Our attorneys have experience handling cases involving:

Lacerations and Puncture Wounds

Cuts, gashes, and bites often require stitches and can leave lasting scars. They range from minor cuts to deep wounds that can damage muscle and other tissue. In some cases, victims may need plastic surgery to address disfigurement.

Infections

Dog bites can introduce dangerous bacteria into the body. We've seen cases involving serious infections like rabies, tetanus, and antibiotic-resistant MRSA. These conditions can lead to extended hospital stays and long-term health problems, which we’ll account for in your claim.

Facial Injuries

When a dog attacks a person’s face, the results can be devastating. Victims often need reconstructive surgery and may face long-term disfigurement. These injuries don't just affect one’s appearance — they can also have profound personal and social impacts.

Eye Injuries

Dog attacks near the eyes can lead to vision problems or even blindness. We consult optical professionals to understand how these injuries might affect our clients' lives and future opportunities.

Nerve Damage

A dog's powerful bite can crush nerves, leading to numbness or loss of function in the injured area. This is especially serious when it affects the hands, arms, or face. Such injuries can dramatically impact the victim’s daily life and ability to work.

Broken Bones

Large dogs, in particular, can break bones with their powerful jaws, and children are particularly vulnerable to fractures during attacks. Beyond the immediate pain and treatment, we also consider long-term issues like arthritis or limited mobility that might result from these injuries.

Brain Injuries

Traumatic brain injuries (TBIs) can occur in severe attacks, especially if the victim falls. These range from concussions to severe trauma with life-changing consequences. We’ll work to ensure that your financial recovery includes the extensive care TBI victims often require.

Paralysis Injuries

Damage to the neck or spine can have catastrophic results, including partial or full paralysis, which may require a lifetime of care and support. We advocate for compensation that covers the victim’s ongoing medical needs, personal care, and necessary life adjustments.

Knee Injuries

Whether from the direct impact of the attack or from falling while trying to escape, knee injuries are common in dog attacks and frequently require surgery and lengthy rehabilitation. We’ll consider both your immediate treatment needs and the potential long-term effects on your mobility and work capacity.

Catastrophic Injuries

In the most extreme cases, dog attacks can lead to amputations or severe, life-altering injuries. We fight hard for clients facing these devastating outcomes to secure compensation that addresses their new reality.

Psychological Trauma

The emotional effects of a dog attack often linger long after the physical wounds have healed. Many victims struggle with PTSD and anxiety or develop phobias. We’re prepared to work with mental health professionals to ensure that these invisible but significant impacts are properly addressed.

Our dog bite attorneys in Westchester will examine your injuries closely, working to grasp not just their immediate effects but also how they might shape your life in the years to come.

Factors Contributing to Dog Attacks

Understanding what leads to dog attacks is crucial for building a strong legal case. Common factors include:

• Lack of proper training or socialization
• Irresponsible ownership or handling
• Territorial behavior
• Fear or provocation
• Medical conditions or pain in the dog
• Breed-specific tendencies
• Previous history of aggression

Our legal team will leave no stone unturned, carefully examining every possible factor that could have contributed to your dog bite incident.

Determining Liability in Dog Bite Cases

Dog owners in Westchester County can be held responsible for injuries their pets cause. Potentially liable parties may include:

• Dog owners
• Property owners (in cases where the owner allowed a dangerous dog on the premises)
• Dog handlers or caretakers
• Landlords (in certain situations)

We’ll carefully analyze the circumstances of your case to identify all liable parties and hold them accountable.

Compensation You Can Get After Dog Bite Case in Westchester, NY

Successfully pursuing a dog bite claim may provide compensation for a wide range of damages, including the following:

Medical Expenses

This includes all costs related to your treatment, from emergency care to long-term rehabilitation. It covers hospital bills, surgeries, medications, physical therapy, and any future medical care you may need.

Lost Wages

Compensation may be available for any income you’ve lost due to time off work for recovery or medical appointments. This can also include diminished earning capacity if your injuries affect your ability to work in the future.

Pain and Suffering

Non-economic damages are intended to compensate dog bite victims for the physical pain and emotional distress caused by the attack and recovery process.

Emotional Distress

Distinct from pain and suffering, emotional distress addresses psychological impacts like anxiety, PTSD, or newly developed phobias.

Scarring and Disfigurement

Additional compensation may be available for permanent visible scars or disfigurement, especially for injuries to the face or other conspicuous areas.

Loss of Enjoyment of Life

You may be able to receive damages for the loss of your inability to participate in activities or hobbies you enjoyed before the attack.

Property Damage

As part of your personal injury claim, you stand to be reimbursed for any clothing, personal items, or other property damaged during the attack.

Home Modification Costs

If severe injuries require modifications to your home for accessibility, your award may include an additional sum for this purpose.

Our dog bite lawyers will work diligently to calculate and pursue the full value of your claim, considering both the current and future impacts of your injuries.

Time Limits for Filing a Dog Bite Claim in Westchester County

In New York, the statute of limitations for personal injury cases (including dog bites) is generally three years from the date of the incident. However, several factors can affect this timeline. For instances:

• Claims against municipalities: If your case involves a government entity (e.g., an attack by a police dog), you may have as little as 90 days to file a notice of claim.
• Minor victims: If the victim is under 18, the statute of limitations may be extended until their 21st birthday.
• Discovery rule: In rare cases where injuries aren't immediately apparent, the clock may start when the injury is discovered or should reasonably have been discovered.

Given these complexities, it's essential to consult an experienced dog bite attorney as soon as possible after your incident. Prompt action helps preserve evidence and improves your chances of receiving fair compensation.

Steps to Take After a Dog Bite

Taking immediate action after a dog bite is vital for protecting both your health and your future legal claim. Here’s what you should do (and not do):

• Seek medical attention: Even if the wound seems minor, get professional medical care to prevent infection and document your injuries.
• Identify the dog and owner: If possible, get the owner's contact and insurance information. If the dog is a stray, note its appearance and last known location.
• Report the incident: Contact local law enforcement and animal control to file an official report.
• Document everything: Take photos of your injuries, the site of the attack, and any other evidence, such as torn clothing. Keep all medical records and receipts.
• Gather witness information: If anyone saw the attack, get their contact details for future statements.
• Avoid discussing fault: Refrain from making statements about the incident to the dog owner or their insurance company.
• Keep a journal: Record your physical symptoms and emotional state in the days and weeks following the attack.
• Preserve evidence: Don't wash the clothes you were wearing during the attack, as they could prove to be important evidence.
• Contact an attorney: Reach out to an experienced dog bite lawyer before discussing the incident with the insurance companies or accepting any settlement offers.

Following these steps will ensure that you receive proper care and significantly strengthen your potential legal claim.

Westchester County Dog Bite Laws

Westchester County follows New York State's "mixed" dog bite law, which combines elements of the "one-bite rule" and strict liability:

• Dog owners are strictly liable for medical costs, regardless of whether they knew the dog was dangerous or not.
• For other damages, the victim must prove that the owner knew or should have known of the dog's dangerous propensities.

Local ordinances may also apply, such as leash laws or breed-specific regulations. Our attorneys are well-versed in these laws and how they might apply to your case.