Charleston Dog Bite Lawyer

Dog Bite Attorney in Charleston, WV

If you or a loved one has been injured by a dog bite, you are probably frightened and traumatized. Aggressive dogs can pose a threat to anyone who encounters them. Irresponsible dog owners must be held accountable. If you have been the victim of an aggressive dog, a Charleston dog bite lawyer can help.

Wooton, Davis, Hussell & Johnson, PLLC, has been advocating for the health and safety of Charleston residents for over 40 years. Our experience with personal injury law helps us provide legal knowledge and compassionate service to our clients. We are tenacious, resourceful, and focused on helping you receive the compensation you deserve.

West Virginia Dog Bite Laws

There are few things more terrifying than being attacked by a dog. Millions of people are bitten every year by dogs in the US, and more than half of them are children. West Virginia has laws in place to protect its citizens from aggressive dogs. Under the statutes in the West Virginia Code, the law provides clear rules on owner liability for dogs at large, which means dogs that are not leashed or otherwise restrained.

Under this law, if an unleashed dog attacks anyone, whether on the owner’s premises or off, the owner of the dog is liable for any and all damages inflicted on another person by the dog. If a dog bites another person while leashed, and it is a first-time offense, the owner is still liable, but carries a lesser degree of liability, as maintaining the animal on a leash demonstrates more responsibility. Any subsequent bites by the same dog constitute a higher degree of liability.

In either scenario, it is vital to speak to a dog bite lawyer as soon as possible after receiving medical treatment. The statute of limitations on personal injury claims in West Virginia is two years from the date of the dog bite incident, so it’s important to take action in a timely manner.

Common Injuries in Dog Bite Cases

Dog bite injuries can be severe and can carry long-lasting health impacts. Some of the most common dog bite injuries seen in Kanawha County medical centers, such as CAMC General Hospital, include:

• Lacerations, which often require sutures or surgery
• Puncture wounds, which carry a high risk of infection
• Bruises and abrasions
• Degloving injuries, in which the skin is partially or fully removed
• Fractures, especially when a large-breed dog is involved
• Infections caused by bacteria and viruses in the dog’s saliva, some of them potentially life-threatening, such as rabies, tetanus, and MRSA.
• Post-Traumatic Stress Disorder (PTSD), which can last a lifetime after a traumatic dog bite

Most of us love dogs. They are loyal companions and cherished pets. Sometimes, a dog will become aggressive with no provocation or prior biting history. On the other hand, some animals have a traumatic background, and their aggressive tendencies must be carefully managed through responsible ownership, and in the most severe cases, result in euthanasia.

When you or a loved one has been injured by a dog, the significance of these injuries requires legal intervention to protect others from dangerous dogs and their negligent owners.

Compensation for Dog Bite Claims in Charleston

In West Virginia, compensation for dog bite cases usually takes two forms: economic and non-economic damages, although occasionally, punitive damages are awarded in dog bite cases if the owner of the dog demonstrates gross negligence or malicious intent.

• Economic damages include compensation for medical bills, lost wages, diminished earning capacity, rehabilitation, physical and psychological therapy, nursing care, and travel expenses related to medical care.
• Non-economic damages address subjective, non-quantifiable damages, including pain and suffering, mental anguish, reduced quality of life, loss of consortium, disfigurement and scarring, and chronic pain.
• Punitive damages, which address malicious intent and severe negligence, such as when an owner allows a knowingly aggressive dog with a history of incidents to wander unrestrained, or orders a dog to attack an innocent bystander. Cases where punitive damages apply usually go before a jury and, sometimes, qualify for prosecution in the criminal courts.

FAQs

How Much Does a Dog Bite Lawyer Cost in Charleston?

Attorney fees for dog bite cases in Charleston are assessed on a case-by-case basis, and most personal injury lawyers in West Virginia charge a contingency fee that’s in accordance with the total settlement amount, which is deducted before the plaintiff receives the remainder of the settlement. At Wooton, Davis, Hussell & Johnson, PLLC, we can discuss our fees and services during your initial consultation and help you make an informed decision.

What Is the Average Settlement for a Dog Bite in West Virginia?

Settlement amounts in West Virginia vary according to the severity of the injuries a plaintiff sustains and the degree of liability present in the case. Settlements are calculated according to the amount of economic and non-economic damages that the plaintiff is entitled to by law. When you hire a dog bite lawyer, we can explain the scope of damages your case entails and present similar case histories to help you understand potential outcomes.

Is It Worth Taking Legal Action for a Dog Bite in Charleston?

Yes, because dog owners must be held responsible. Any American has a 1 in 50 chance of being bitten by a dog in a given year. Many of these attacks occur because of irresponsible owners who treat their dogs cruelly, encouraging aggressive behavior. People die every year due to dog maulings, many of them children. If you have been injured, taking legal action against a negligent dog owner may save a life.

What Is the Dog Bite Law in West Virginia?

West Virginia observes a one-bite rule. The dog owner does not assume full liability if a properly leashed dog with no prior history of biting commits a first-time offense. If the dog bites more people in the future, or a dog wanders at large and bites someone, the owner is held 100% liable for the dog’s actions.

Have You or a Loved One Suffered a Dog Bite Injury? Hire a Dog Bite Lawyer Who Cares

We know how devastating it can be to suffer an attack by a dog or witness your child or another loved one be bitten by a dog. At Wooton, Davis, Hussell & Johnson, PLLC, we have a proven history of positive outcomes for our clients in the Charleston area. Contact us today to schedule your initial consultation.