What happens if the dog owner's insurance company calls me first after a Rosemead dog bite?
If you've been bitten by a dog in Rosemead, the owner's insurance company might contact you quickly. They might ask for recorded statements or offer a fast settlement. Insurance adjusters work for their company, not for you, and their goal is often to minimize what they pay out.
You are not required to give a recorded statement, and you don't have to accept any immediate offer. Speaking with an attorney first helps protect your rights and ensures you understand the full value of your claim before making any commitments.
What does a Rosemead dog bite attorney do?
A dog bite attorney helps people who have been hurt by a dog. California law says dog owners are strictly liable when their dog bites someone in a public place or while lawfully on private property, regardless of whether the dog had a history of aggression (Cal. Civ. Code § 3342(a)). This means the owner is generally responsible for the bite, even if they didn't know the dog was dangerous.
Your attorney builds your case by gathering evidence like medical records, witness statements, and reports about the dog. This evidence establishes the facts of the incident and the extent of your injuries. The goal is to pursue the full compensation available under California law for your medical expenses, lost wages, and other damages you incurred. Our work extends to all personal injury cases in Rosemead, including specific injuries like traumatic brain injuries or incidents such as motorcycle accidents.
Where do you file a dog bite lawsuit from Rosemead?
If you are bitten by a dog in Rosemead and need to file a lawsuit, your case is generally filed in the Superior Court of California, County of Los Angeles. For incidents within Rosemead, cases are assigned to the court's Northeast District. The specific courthouse handling these claims is the Pasadena Courthouse, located at 300 E Walnut St, Pasadena, CA 91101.
Los Angeles County Local Rule 2.3 states that a personal injury case is filed in the judicial district where the incident occurred. The case then goes to that district's Personal Injury Hub department. This ensures that your claim is heard in the appropriate local court.
How long do you have to file a dog bite claim in California?
Most personal injury claims in California, including dog bite cases, must be filed within two years of the injury (Cal. Code Civ. Proc. § 335.1). This deadline applies to personal injury and wrongful death actions. However, if your claim involves a city, county, or public agency in Rosemead, you must present a written claim to that entity within six months of the injury (Cal. Gov. Code § 911.2).
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act. This means a minor injured by a public entity still has only six months to present their claim. A personal injury claim aims to recover losses like medical costs, lost earnings, and non-economic harm like pain and suffering. The specific amount depends on the facts of your claim, which differ for every person.
What should you do after a dog bite?
Immediate steps after a dog bite can protect your health and your potential claim. Here is what to do:
- Get Medical Attention: Dog bites can cause serious infections and injuries. See a doctor or go to urgent care, even if the bite seems minor. This creates a record of your injuries.
- Identify the Dog and Owner: If safe, try to get the dog owner's name, address, and contact information. Ask if the dog is vaccinated against rabies.
- Gather Witness Information: If anyone saw the incident, get their names and contact details. Their testimony can be valuable.
- Take Photos: Photograph your injuries, the dog (if safe), and the location where the bite occurred. These images provide important visual evidence.
- Report the Bite: Contact Rosemead Animal Control or the Los Angeles County Department of Public Health to report the dog bite. This creates an official record of the incident.
- Avoid Discussing the Incident: Do not post details on social media. Do not speak with the dog owner's insurance company without consulting an attorney first.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we focus on holding the responsible parties accountable. We investigate the incident, gather all necessary evidence, and communicate with insurance companies on your behalf. Our firm handles a variety of personal injury cases, from dog bites in cities like Santa Ana and San Gabriel, to broader personal injury matters across Los Angeles. We prepare your case for negotiation or, if necessary, for trial, striving to get you appropriate compensation.
We keep you informed about your case's progress and explain the legal process clearly. Our goal is to handle the legal complexities so you can focus on your recovery. For dog bite claims in Rosemead, we can assess your situation and advise on the next steps.
Frequently Asked Questions
What is "strict liability" for dog bites in California?
In California, dog owners are held strictly liable for bites if the bite happened in a public place or while the victim was lawfully on private property. This means the victim does not need to prove the owner knew the dog was dangerous or had a history of aggression, as specified in Cal. Civ. Code § 3342(a).
How does comparative negligence affect a dog bite claim?
California uses a pure comparative negligence system, which means if you are found partially at fault for the dog bite, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault, your recovery is reduced by 20%. This is a judge-made rule, not codified, but is a standard part of personal injury claims.
Can I file a claim if a dog bite happened on public property in Rosemead?
Yes, you can file a claim if a dog bite happened on public property in Rosemead. However, if the public property is owned by a city, county, or other public agency, you must present a written claim to that entity within six months of the injury, as required by Cal. Gov. Code § 911.2.
What if the dog owner in Rosemead does not have insurance?
If a dog owner in Rosemead does not have insurance, recovering compensation can be more challenging. Your attorney would explore other avenues, such as homeowner's insurance, renter's insurance, or the owner's personal assets. Prop 213 (Cal. Civ. Code § 3333.4) generally bars non-economic damages for uninsured owners of vehicles, but it does not bar injured people from collecting non-economic damages if the dog owner is uninsured.
If you or a loved one has suffered a dog bite in Rosemead, speak with us today. Call 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win.