If you were bitten by a dog, then you should consider the possibility of filing a lawsuit. Such a course of action can allow you to recoup some or all of your financial losses, which can add up to quite a bit. Before deciding if a lawsuit is right for you, you should understand exactly how the law works in your state. To give you an idea, here are some of the most critical laws that will affect any dog bite lawsuit in Hawaii:
How long ago did the bite happen?
Before getting started with a lawsuit, you want to make sure that you won't get hit with any nasty surprises later. To that end, you want to make sure that you are still within the statute of limitations for a lawsuit. In Hawaii, the statute of limitations for a dog bite (personal injury) is only 2 years.
Unfortunately, that is pretty low compared to other states. This means that you won't have a huge amount of time to plan out your lawsuit, especially if you only started thinking about the possibility recently. If you are approaching that two year mark, then it is critical that you expedite the process and gather all your evidence. If you still find that you are insufficiently prepared to fight a court battle, then a lawsuit might not be the best option for you.
Did the dog have a history of aggression in the past?
One of the most important criteria for analyzing dog bite liability is the history of the dog. If the dog showed aggressive behavior in the past, then it will be easier for you to win a lawsuit, since the defense will have clearly known about the dangers posed by their dog. However, if the dog had a spotless record, then you may find it harder to convince the court.
This also applies in the short term, since you will need to prove to the court that the defense failed to act responsibly before the bite occurred. If the defense did not make an effort to actually restrain the dog, even though the dog was acting aggressively, then your lawsuit may end up being a slam dunk. As long as you were not trespassing or provoking the dog, then you have a very good chance of getting all your medical bills and lost wages covered, along with possible compensation for emotional damage.
For information on filing a dog bite lawsuit in California, contact a law firm like Schlicter & Schonack LLP.
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