Raleigh Dog Bite and Injury Lawyers
If you were injured by a dog or other pet, you have the right under North Carolina to receive compensation for your injuries from the dog or pet owner. Our experienced Raleigh dog bite lawyers can help.
Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.
As former insurance defense attorneys, we know how to fight for every penny you deserve.
Dog Bite Lawyers Serving North Carolina
What Is Considered a Dog Bite Claim in North Carolina?
In general, the law surrounding dog bites and animal attacks is not as straight-forward as the law involving a car accident, slip and fall, medical malpractice, or another type of personal injury case. Though they are collectively referred to as “dog bite” cases, they can include injuries caused by a pet scratching you, jumping on you, or injuries you suffer trying to run away or avoid being bitten.
That is why you need to have an experienced Raleigh dog bite lawyer on your side. Although the injuries and damages are often significant in a dog bite case, liability can be difficult to prove. Especially if the dog is unknown to the victim, trying to identify the owner or where the owner lives can be a challenge.
Common Injuries Caused by Dog Bites in Raleigh, NC
Some of the most common injuries and damages from a dog bite in North Carolina that our Raleigh dog bite lawyers can help you handle include:
Significant scarring and disfigurement
Torn tendons, especially in the hand, ankle, or shoulder
Nerve damage
Torn ligaments, especially in the ankle, knee, hip, hand, elbow, and shoulder
Damage to blood vessels under the skin
Dislocated shoulders or separated shoulder
Torn muscles, especially in the biceps, triceps, shoulder, pec, and hip
Facial injuries and neck wounds
Nerve paralysis in the leg or arm is a major nerve was severed or avulsed (pulled out of the spinal cord)
Torn rotator cuff or SLAP tears in the shoulder
Brachial plexus nerve injuries in the arm
Amputations, especially of the fingers or toes
Infections and sepsis
Head injuries from falling after being jumped on or knocked down by an attacking animal
Broken bones or fractured bones, including spiral fractures
Wrongful death, and
Other serious and catastrophic injuries caused by a dog bite or animal attack in North Carolina.
Damages Our Raleigh Dog Bite Attorneys Could Help You Recover
The dog bite injuries you suffered may entitle you to monetary payments and compensation. Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh dog bite lawyers are:
Medical bills paid/reimbursed
Future medical expenses
Lost wages and income for time you missed at work
Pain and suffering/mental anguish
Loss of consortium if your accident affected your relationship with your spouse
Permanent disability, scarring, or disfigurement
Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries
A Guide to North Carolina Dog Bite Injury Claims
Unfortunately, there is little reliable or correct information about dog bite accident claims that is available to the public, which causes confusion about the accident process and hurts injury victims’ chances for recovery. For instance, some people claim you can’t sue a dog owner for a bite injury if the dog escaped their backyard. So to clear up the old wives tales about pet-related injuries, here’s what our team of Raleigh dog bite accident lawyers believe you should know:
1. What Should I Do If I’m Involved in a Dog Bite Accident in Raleigh, NC?
The initial moments and days after your dog bite accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:
Take photos of your injuries
Take photos of the dog and area where you were injured (if possible)
Visit a doctor if you haven’t already
Follow the doctor’s recommendations and attend all follow-up appointments
Write down a narrative of what happened while it’s still fresh in your head
Make a list of witnesses and their contact information if you know it
Follow any additional instructions from your attorney
2. How Do I File a Dog Bite Injury Claim in Raleigh, NC?
A dog bite case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.
The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.
3. Will My Dog Bite Injury Claim Go to Trial in Raleigh, NC?
95% of dog bite cases, according to government statistics, resolve before needing to go to trial. The vast majority of dog bite injury cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:
The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.
The insurance company doesn’t want to set a precedent for settling your type of dog bite accident lawsuit.
The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.
Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.
The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh dog bite injury attorney can help prepare you for what to expect.
4. How Much Will My Dog Bite Injury Claim Settle for in Raleigh, NC?
There’s no way to precisely value your claim, but an experienced dog bite injury attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.
To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like motorcycle and bicycle accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.
5. What If I’m Partially At-Fault for Dog Bite Injury Accident in Raleigh, NC?
Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.
For dog bite cases in particular, these incidents are often hotly contested because most defendants will blame the injured victim. Maybe they claim you played with the dog too roughly, surprised it, or ignored the warnings signs of an attack (like growling). Not only is that not fair, but we also know that it is also not true.
North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh dog bite lawyer understands that defense and how to work around it.
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6. How Long Does a Dog Bite Injury Claim Take to Reach a Settlement in Raleigh, NC?
A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance). Dog bite injury cases often require extensive investigation to determine the owner the of the dog and prior issues or incidents with the dog being aggressive or biting in the past.
In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.
7. How Long Do I Have to File a Dog Bite Injury Claim in Raleigh, NC?
There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most dog bite cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death. However, for cases involving children, the statute does not begin until the children reach 18 years of age. There is no wiggle room or do-overs when it comes to deadlines to file a dog bite claim, so it is in your best interest to get a Raleigh dog bite attorney involved as early as possible after your accident.
8. What Is the Process for a North Carolina Dog Bite Injury Claim?
Dog bite liability in North Carolina is determined by the state's laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from a dog bite. That includes state and local regulations for leash requirements, dangerous breed prohibitions, and other local statutes.
Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced dog bite lawyer in Raleigh can help, guide, and prepare you through this process.
In North Carolina, it is mandatory for the parties to also participate in “mediation” before the case goes to trial. Mediation is simply a meeting (either via Zoom or in a conference room) that all of the parties are required to attend, along with a professional mediator, to see if the case can be settled and resolved. A representative of the insurance carrier who decides how much money the carrier will offer will also be present. A majority of cases resolve through mediation.
9. How Much Does a Dog Bite Injury Lawyer in Raleigh, NC Charge?
Many Raleigh dog bite attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.
10. What Does a Raleigh Dog Bite Injury Lawyer Do to Help?
Hiring an experienced Raleigh dog bite lawyer can provide you with numerous benefits. Injury attorneys who are experienced with dog bites know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.
Good North Carolina dog bite attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, an injury lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.
11. What Happens After I File a Dog Bite Claim in Raleigh, NC?
In a North Carolina accident lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina dog bite accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.
12. What Is the Statute of Limitations in North Carolina for Dog Bite Claims?
There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most dog bite cases, you have 3 years from the accident or injury to bring a claim. For accidents that resulted in death, you have 2 years from the date of the death.
13. What is the Average Settlement for a Dog Bite Claim in Raleigh, NC?
There’s no way to precisely value your claim, but an experienced dog bite attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.
To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.
14. What Are the Common Causes of Dog Bites and Animal Attacks in Raleigh, NC?
Even the most well-trained dog can bite. Our clients are surprised to learn that victims of dog bites are most often relatives or friends of the household, neighbors, or caretakers. Some dogs show natural and instinctual aggression towards small children, particularly when children are running or playing loudly. Sometimes a child just getting too close to a dog that’s eating or an adult accidently stepping on a dog’s tail could result in a bite. Other times, a dog may not be friendly or overly protective of its owners and may have a propensity to snap, bite, or otherwise harm others without provocation.
15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?
No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.
16. Why Are Dog Bites So Common in Raleigh, NC?
Pet owners often don’t follow leash laws or just simply fail to restrain their pets
Dog owners frequently assume that their pets are well-trained or well-behaved and ignore warning sign
Pet owners will continue to own and harbor dogs that have previously bitten someone despite the risk to the public
Otherwise well-behaved dogs may still attack small children because small children can be loud and move erratically
17. Can I File an Injury Claim Against a Bet Owner in North Carolina If The Dog Didn’t Bite Me?
Although the most common dog injury claims are related to dog bites, occasionally dogs also cause injuries in other ways due to their size, strength, and unexpected actions. That can include injuries caused by a pet jumping on you, scratching you, knocking you down, or your efforts to escape or avoid being bitten (like slipping and falling while being chased by a dog).
18. How Do I Find the Best Raleigh Dog Bite Lawyer for My Case?
Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.
Dog Bite Statutes and Laws in North Carolina
Like more states, North Carolina law on dog bites takes many approaches. Although this means there are any ways to prove liability, it also means there are many ways that a defense lawyer can fight back. This is why you need an experienced NC injury lawyer to help prove your dog bite case. Our dog bite lawyers in Raleigh, NC can help.
Under North Carolina law, there are 4 types of claims and ways to prove liability for dog bites:
Strict Liability for Dogs At Large
Under North Carolina stat. section 67-12, there is strict liability for a dog owner for a dog bite if they allow or know that their dog is running at large. North Carolina defines running at large as a dog running or roaming off the dog owner’s property without the owner or handler being with the dog. This law does not apply if the dog escaped, unless the owner knew the dog had escaped and was roaming but did not try to recover the dog.
Strict Liability for Dangerous Dogs
Under North Carolina stat. section 67-4.4, a dog owner will be strictly liable for a dog bite caused by a “dangerous dog.” A dangerous dog is defined under North Carolina stat. section 67-4.1, as the following:
(a) A dog that:
(1) Without provocation has killed or inflicted severe injury on a person; or
(2) Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of these behaviors:
Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or
Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or
Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.
(b) Any dog owned for the purpose of dog fighting, or any dog trained for dog fighting.
Assessing whether the dog meets the qualifications to be deemed a “dangerous dog” is our first step in every dog bite case because liability is the easiest to prove. This is where county or municipal records are important to determine if the dog has previously been reported for biting and showing aggressiveness before.
Strict Liability for One-Bite/Vicious Propensities
Under North Carolina common law, where an owner knows that a dog has a vicious propensity to do harm, an owner may be strictly liable for that harm. To prove a on-bite rule claim, a victim will have to show that the owner knew or should have known that their dog had a vicious propensity to bite or do harm. Sometimes this will come down to evidence from neighbors who live near the dog in question and experience they may have had with the dog. It is not usual to uncover a neighbor who, after being terrorized by a snarling dog for years and complaining to the dog’s owner, to be a willing witness in a case. This is different from the one-bite rule because a dog owner could be liable for a dog’s first bite if the owner knew or should have known that the dog was aggressive and had a proclivity to cause harm.
Negligence for Dog Bites and Animal Attacks
Finally, under the North Carolina common law, an owner may be liable if he or she had a duty, breached that duty, and that breach caused damages to a victim. This is the standard type of personal injury claim and applies to dog bites, although it is the hardest to prove because it depends on reasonableness. This claim can also serve as a catch-all for any dog bite incidents that don’t neatly fit into any of the other claims. These claims rely on proving that the dog owner did something wrong and unreasonable.
For instance, many North Carolina communities and municipalities have leash ordinances requiring owners to keep their pets on a leash. If a dog owner allows their dog to run off the leash in violation of a leash ordinance, and that dog bites a victim, then negligence (and possibly negligence per se) claims may be viable.
Raleigh Dog Bite Statistics
For recent history, the most common pet in the United States has been the dog. Roughly 38% of households own at least one dog, equating to almost 78 million dogs throughout the country. Although most dogs are well-behaved and are indeed man’s best friend, unfortunately that is not always the case. Statistics reveal that there are over 4.5 million dog bites each year in the United States, prompting dog bite injuries to be labeled as a “significant public health issue” by public health researchers. This remains true right here in Raleigh, where Wake County have reported approximately 1,800 dog bites over the recent five year span – roughly 360 dog bites a year.
Statistics reveal that one in five people who are bitten by a dog will require medical attention at a hospital or urgent care. Although some of these injuries may be superficial, many may cause damage to structures or tissue underneath the skin. The risk of infection is also high in any type of dog bite, even a minor one, which can be both incredibly painful and even life-threatening if sepsis develops. In some instances, when a dog’s shot or vaccine history is unknown, a victim of a dog bite is required to get extensive testing and rabies vaccinations themselves in an abundance of caution, which are painful and expensive.
Free Dog Bite Case Evaluation
If you or a loved one have been injured by a dog and want to know your legal rights, our experienced Raleigh dog bite lawyers injury lawyers are available to help.
Raleigh Dog Bite Injury Claims We Handle
We can help with any dog bite or injury accident, but the accidents listed below are the most common dog bite injury claims we handle in North Carolina:
Children bitten by dogs
Neighborhood dogs
Dogs at a friend’s or relative’s home
Dog bites at a park
Accidental stepping on a dog’s leg or tail
Former trained guard or fighting dogs
Overprotective dogs
Over-excited dogs
Knocked down by a jumping dog
Dog’s with puppies
Dog bites around loud noises
Raleigh Dog Bite Lawyer Cost
For transparent, upfront pricing on what our Raleigh dog bite lawyers charge to help you with your accident, please click below:
Raleigh Dog Bite Lawyer FAQs
Areas Our Raleigh Dog Bite Injury Lawyers Serve:
The Best Raleigh Dog Bite Injury Lawyers Will:
THOROUGHLY INVESTIGATE YOUR ACCIDENT
EXPLAIN YOUR OPTIONS
GUIDE YOU THROUGH THE CLAIMS PROCESS
NEGOTIATE WITH THE INSURANCE COMPANY
FILE A LAWSUIT IF NECESSARY
ABOVE ALL ELSE, FIGHT FOR YOU
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