Dog bites can be traumatic experiences and lead to significant physical and emotional distress. In Massachusetts, victims of dog bites have legal recourse to seek compensation for their injuries. This step-by-step guide will to help you navigate the complex process of submitting a dog bite claim in Massachusetts, ensuring you understand your rights and the necessary procedures.

Understanding Massachusetts Dog Bite Laws

Massachusetts follows a "strict liability" rule regarding dog bites. Under this law, dog owners are liable for all injuries their dogs have caused, regardless if the dog had previously shown aggression or the owner had knowledge of the dog's vicious tendencies. The relevant statute is Massachusetts General Laws Chapter 140, Section 155.

Key points of the statute:

• The victim must have been in a public place or lawfully in a private place, including the dog owner's property, when the incident occurred.
• The victim must not have been committing a trespass, a tort, or provoking the dog at the time of the bite.

Step-by-Step Process for Filing a Dog Bite Claim

Step #1: Seek Immediate Medical Attention

Your health is the priority. If treatment is delayed, even minor bites might result in serious diseases. Ensure you:

• Visit a healthcare professional immediately after the bite.
• Document your injuries with videos photos and keep all medical records and bills.

Step #2: Report the Incident

Report the dog bite to local animal control or the police. Doing this will create an official record of the incident, which is important for your claim.

Information to provide:

• Details of the incident, including date, time, and location.
• Description of the dog and the contact information of the owner, if known.
• Names and contact information of any witnesses.

Step #3: Gather Evidence

Evidence is critical in building a strong case. Collect the following:

• Photos or videos of your injuries and the location where the bite occurred.
• Medical records and bills related to the incident.
• Witness statements.
• Documentation of any other damages, such as lost wages or property damage.

Step 4: Contact an Experienced Personal Injury Lawyer

An attorney specializing in dog bite cases will offer valuable guidance and protect your rights. They will help you navigate the complex legal process, from filing your claim to negotiating with insurance companies or representing you in court if necessary.

Determining Liability and Damages

Liability

As per Massachusetts law, dog owners are strictly liable for bites. However, exceptions exist:

• If the victim was trespassing or committing another illegal act on the owner’s property.
• If the victim was provoking the dog.

Damages

Victims of dog bites are able to seek compensation for:

• Medical expenses, including future medical costs.
• Lost wages and loss of earning capacity.
• Pain and suffering.
• Emotional distress.
• Property damage.

Filing the Claim

1. Drafting and Submitting the Claim

Your lawyer will help draft a demand letter to the dog owner’s insurance company, detailing:

• The incident.
• The extent of your injuries and damages.
• The compensation amount you are seeking.

2. Negotiation

Insurance adjusters often will try to settle claims quickly and for the lowest amount possible. Your lawyer will advocate for you to make sure you obtain fair compensation.

3. Filing a Lawsuit

If a fair settlement cannot be reached, your lawyer may advise filing a lawsuit. In Massachusetts, you have three years from the date of the incident to file a personal injury claim, including those for dog bites.

Steps in a lawsuit:

• Filing the Complaint: Your lawyer files a legal complaint in court.
• Discovery: Both parties exchange information and gather evidence.
• Settlement Negotiations: Often, cases are settled before going to trial.
• Trial: If no settlement can be reached, the case moves to a trial, where a judge or jury decides the outcome.

Conclusion

Filing a dog bite claim in Massachusetts entails several crucial steps, including seeking medical attention, compiling evidence, settling disputes with insurance providers, and maybe initiating legal proceedings. Understanding your rights and the legal framework in Massachusetts can significantly impact the outcome of your claim. It's important to seek the assistance of an experienced personal injury lawyer to navigate this complex process and make sure you receive the compensation you deserve. 

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.