Dog bite incidents, particularly when the injuries are grave, can be emotionally and physically taxing. Managing the legal intricacies of these instances calls for thorough proof and appropriate documentation. To make a compelling case for you in a personal injury claim, your lawyer will want certain details. At MacIsaac Gow LLP, we walk our clients through this procedure step-by-step, making sure that no crucial information is missed.
1. Information About the Event
A thorough description of the dog bite occurrence will be the first thing your lawyer requests. That comprises:
- The incident’s date, time, and place.
- Weather (if applicable; for example, rain making it impossible to leave or intervene).
- A detailed account of the events leading up to the biting.
- Statements made by people who were there when the attack happened.
The context of the assault and any aggravating circumstances, including the dog owner’s carelessness or insufficient signage alerting people to a dangerous animal, are better understood by your lawyer with the use of this material.
2. Medical Records and History of Treatment
A key component of any dog bite lawsuit is demonstrating the severity of the injuries received. Your lawyer will request that you provide:
- Paperwork from the ER or doctor’s notes from your first appointment.
- Pictures showing the wounds sustained during the attack and during the healing process.
- Follow-up medical records that describe continued care, including physical therapy, sutures, or surgery.
- Invoices or receipts for prescription drugs, therapy sessions, and other medical costs.
Your claim for compensation will be strengthened by this medical data, which will demonstrate the extent of your injuries as well as the financial strain they have caused you.
3. Information on the Dog and Owner
When submitting a claim, the dog’s and its owner’s identities are crucial. This comprises:
- Name and address of the dog owner.
- Information regarding the breed of the dog and whether or not the animal had a violent past.
- Records of vaccinations, particularly rabies vaccinations.
According to the Dog Owners’ Liability Act in Ontario, dog owners are responsible for any harm caused to a person or domestic animal by their dog’s bite or assault. For instance, DOLA imposes strict liability on pet owners for harm their animals cause, irrespective of whether the animal had previously displayed aggressive behaviour.
4. Police Involvement and Incident Reports
Any official reports pertaining to the incident must be filed. Your lawyer will inquire if:
- Following the attack, a police report or incident report was promptly submitted.
- The event was investigated by animal control authorities.
- Any municipal ordinances that the owner may have broken are documented by the local authorities.
These reports offer unbiased descriptions of the incident, which are often helpful in court proceedings or negotiations.
5. Details of Insurance
Insurance policies for renters or homeowners frequently cover injuries from dog bites. Your legal representative will want to know:
- If liability for dog attacks is covered by the dog owner’s insurance.
- Owner’s insurance policy limits that could impact your payout.
- Your personal insurance details, in case part of the costs of your treatment were paid by your health insurance.
Given that insurance companies frequently try to reduce compensation, negotiating with them can be tricky. The lawyers at MacIsaac Gow LLP have expertise in dealing with insurance providers to get their clients just recompense.
6. Evidence of Lost Wages and Economic Effects
Financial losses and missed workdays are two consequences of dog bites. Your lawyer will require:
- Job papers or pay stubs that demonstrate your earnings prior to the injury.
- Recording of work missed because of recuperation or medical treatment.
- Employer statements attesting to your absence and how it affected your work.
In the event that your injuries result in permanent incapacity or affect your profession, your lawyer will estimate the possible loss of future income, which you may include in your damages claim.
7. Images and Video Proof
In personal injury claims, visual evidence often proves to be persuasive. Your lawyer will request pictures of your injuries and inquire as to whether:
- The event was captured on surveillance footage.
- Context can be added by using images or videos of the scene.
- The emotional toll of the attack, such as scarring or psychological distress, is documented in any before-and-after pictures.
These images are effective proof, particularly in the event that your case is tried.
8. Testimonies of Witnesses
Witness statements can greatly support your case. Your lawyer will require:
- Details of witnesses who are available to make statements.
- Remarks made by neighbours or other people who are aware of the dog’s history of aggression.
Unbiased witnesses’ testimonies lend credibility to your assertions and bolster your account of events.
9. Emotional Distress and Psychological Effects
Emotional trauma, such as anxiety or PTSD, can result from dog bite injuries. Your lawyer will ask for:
- Psychological assessments or notes from therapy.
- Recording of emotional shifts like animal phobia or recurrent nightmares.
- Statements from friends or family regarding the impact the attack has had on your health.
Since emotional anguish reflects the complete impact of the incident beyond physical impairments, it may account for a sizable portion of your compensation.
10. Legal Deadlines and Adherence to Regional Laws
Your lawyer will also monitor legal deadlines. Dog bites and other personal injury suits in Ontario have a two-year statute of limitations from the date of the incident. If the attack happened on public property, such as a park, you might have to give the municipality notice within a certain amount of time—typically as little as ten days.
Final Thoughts: How MacIsaac Gow LLP Can Help
Dog-biting cases necessitate thorough planning and tenacious legal representation. At MacIsaac Gow LLP, we are aware of the toll these incidents may have on one’s body, mind, and finances. Whether through negotiation or legal action, we are committed to defending your rights so you may focus on recovering.
Don’t put off getting legal counsel if you or a loved one has been hurt in a dog attack. For a private consultation and assistance obtaining the justice and restitution you are entitled to, get in touch with MacIsaac Gow LLP right now.
Key to Your Legal Success