How Do I Gather Evidence for My Dog Bite Case?

If you have been bitten or attacked by a dog, you may wonder what are the next steps to build your case. The good news is that there are things you can do right away to gather evidence for your personal injury lawyer to strengthen your case.  This process can be overwhelming, but a lawyer with experience in dog bite cases can guide you through it. 

California dog bite laws are straightforward strict liability. However, like with any legal area, there are some nuances to be aware of. A California dog bite lawyer can provide insight into the legal facts of your case, file a claim, gather evidence, and execute a legal strategy that works in your best interest. 

Evidence to Gather Immediately After Your Dog Bite

If you are bitten by a dog, it is important to assess your wounds first. You can do this by calling 911 or seeking medical care at a hospital or doctor’s office.  Next, call the police and animal control. Each agency will file a report as close as possible to the time of the bite.

Getting animal control or the police involved is important because they may have a history of complaints about the dog or any prior acts of violence. If you have witnesses nearby who saw or heard anything, you may also want to get statements from them.

Statements from bystanders might also be helpful if they know that the dog has a history of aggression or behavioral problems. These statements may serve as circumstantial evidence and show a pattern of behavior even if no one else saw the attack.

The Value of a Photo in a Dog Bite Case

Taking photos of your injuries and surrounding area after a dog bite can be one of the most effective ways to collect evidence. To reduce fault, a defense attorney may try to say that the victim was trespassing to reduce fault. Taking pictures and explaining in detail to an attorney is helpful in telling a more accurate story.

Photos can give a lot of information on what the attack looked like. There is a marked difference in how defensive and offensive dog bites happen. Did they bite once and back away to create space, or did they repeatedly approach and attack various parts of the body with the intent to harm or kill? Taking photos of your wounds can help your attorney showcase what happened and limit suspicion or accusation that you provoked the dog into a defensive attack. 

Medical Assessment After a Dog Bite Injury

When seeking medical assessment after a dog bite, you should bring information on the dog’s vaccination status if possible. This will help them determine the best course of action for you medically, including whether you need a rabies vaccine. You should also communicate any concerns or needs to your medical provider, who will likely document them in your chart, which can be used as evidence. 

Gathering documentation regarding the injury, whether physical or emotional, is important because it shows that you experienced damages. California does not have a cap on damages from personal injuries like dog bites or punitive damages for dog bite cases either. However, speaking with a dog bite injury attorney can help you assess the full extent of your damages. 

Emotional Distress After a Dog Bite 

Being attacked by a dog can be a terrifying and traumatic experience. Over 1,000 people died in the most recent reporting year due to dog bites. According to the Diagnostic and Statistical Manual 5, you only have to have a trauma that gives you a perceived fear of your life to have experienced trauma and develop symptoms of Post Traumatic Stress Disorder (PTSD).

If you are experiencing emotional or psychological symptoms, your attorney may ask you to see a mental health professional for an evaluation or treatment. Emotional distress from an event like a dog attack can leave lasting impressions. These symptoms typically require professional intervention and should be considered when seeking compensation for a dog bite.

How a Lawyer Can Help Gather Evidence 

Reports and statements can be a massive asset to your case. It would be best if you diligently obtained police and animal control reports and vet records for the dog that attacked. These records can be used to contribute to your medical care and speak to the dog’s general behaviors.  

Keeping a folder for your medical records relating to treatment from the bite is always a good idea. This may be invoices, receipts, or assessment results. Included in this can be any mental health assessment results. Photos as your injuries heal and a journal of your experience can help document symptoms from the bite. 

Animals are not protected by HIPPA, but California law does protect veterinarians from disclosing information about their animal patients, as outlined in California Business and Professional Code 8457. An attorney can help you obtain records from animal control and the police. They can even subpoena medical records related to the dog. 

Consult a Dog Bite Lawyer to Know What Needs to Be Done

Online articles can be helpful in pointing you in the right direction for your dog bite case, but ultimately, you and your lawyer will be the ones to determine what kind of evidence is needed in your case and how to best get it. The bottom line is that thorough documentation and fast action for medical evaluation will be your best start, along with contacting an attorney to help you with how to proceed. 

Most law offices offer free consultations to see if you have a case for a personal injury claim and will work on a contingency fee schedule. This means that they will evaluate your case, and if they feel that you are eligible for compensation and have a strong case, they will represent you without taking payment until compensation is awarded. This allows you the freedom to focus on the important things and not be weighed down by the complexities of the case and legal system.