
Being bitten by a dog can be frightening, painful, and disorienting.
You may be focused on getting medical care while also wondering how serious the injuries will become, whether you can return to work, and who is supposed to cover the costs.
When the animal belongs to someone else, another concern quickly enters the picture. A knowledgeable West Virginia Dog Bite Lawyer can help you understand whether West Virginia law gives you a path to compensation.
The answer is not the same in every dog bite case. West Virginia law treats a dog that was running at large differently from one that was secured or on its owner’s property. A prior bite, complaint, or warning about the animal may also become important when establishing what the owner knew.
Wooton, Davis, Hussell & Johnson, PLLC has more than 100 years of combined experience handling dog bite and animal attack cases across West Virginia as explained in our guide to West Virginia dog bite laws. With offices in Beckley, Charleston, and Lewisburg, our personal injury attorney can review what happened, explain the legal issues that may apply, and help you understand your options.
Reach out to discuss your injuries and the circumstances surrounding the incident.
| 100+ Years Combined Experience | Three WV Offices: Beckley, Charleston, Lewisburg | 4.7/5 Client Rating (Birdeye) | 3 Attorneys Super Lawyers-Rated |
Animal attacks do not all look the same, and the circumstances can change the legal questions involved.
Our firm represents people injured in a range of dog bite and animal attack situations across West Virginia.
The first injury may be obvious, but the financial and personal consequences can continue long after the attack.
A serious bite may require stitches, rabies post-exposure treatment, surgery, physical therapy, or ongoing care for damage to nerves and tendons.
Scarring can create another set of concerns, including reconstructive treatment. Children may also experience fear or anxiety after an attack that affects activities they once enjoyed.
When an injury involves your hand, arm, or another body part needed for work, lost income can become part of the claim as well.
West Virginia law does not make every dog owner responsible under the same rule. Under West Virginia Code Section 19-20-13, an owner can be liable without proof of carelessness when the dog was running at large.
When the dog was fenced, leashed, or on the owner’s property, a different rule may apply. The claim can then depend on whether the owner knew, or should have known, that the dog had a history of biting or attacking.
That history can make a significant difference. Prior bites, complaints, warnings, and other records may help establish what the owner knew before your injury occurred.
Your own conduct may also become part of the dispute. An insurer may argue that you provoked the animal, ignored a warning, or entered an area where you were not permitted. We examine the surrounding facts rather than allowing an insurance company’s version of the incident to stand without scrutiny.
The location of the attack and the owner’s residence can affect where a lawsuit is filed. Our three West Virginia offices give our attorneys a presence in several parts of the state.
Dog bite cases arising in and around Beckley may proceed through the Raleigh County Judicial Center at 222 Main Street, part of the Fourteenth Judicial Circuit.
Cases involving the Charleston area may be filed through the Kanawha County Judicial Building at 111 Court Street, which serves the Eighth Judicial Circuit.
Claims arising in Lewisburg and the Greenbrier Valley may proceed through the Greenbrier County Courthouse at 912 Court Street North, part of the Twenty-Ninth Judicial Circuit.
Three of our attorneys, John F. Hussell IV, John D. Wooton Sr., and Russell O. Wooton, are individually recognized on the Super Lawyers directory. Our attorneys bring that experience to cases throughout West Virginia rather than limiting our work to the community where one of our offices is located.
Evidence surrounding an animal attack can become harder to locate as time passes. Property conditions can change, records can become harder to obtain, and witnesses may remember the event differently. Our investigation focuses on establishing the facts while those details can still be documented.
West Virginia dog bite cases can fall under different legal rules based on the circumstances surrounding the attack.
Under West Virginia Code Section 19-20-13, an owner may be responsible for injuries caused by a dog that was running at large without requiring proof that the owner acted carelessly.
When the dog was not running at large, the claim can depend on evidence concerning the owner’s prior knowledge. The question may become whether the owner knew, or should have known, about the dog’s tendency to bite or attack.
There is also a deadline for pursuing a personal injury claim. West Virginia Code Section 55-2-12 provides a two-year limitations period for most personal injury claims, including dog bite cases, measured from the date of the injury.
Not in every situation. When a dog is running at large, West Virginia law provides for owner liability without requiring proof of carelessness. When the dog was fenced, leashed, or on the owner’s property, the claim can depend on whether the owner knew about the dog’s dangerous behavior.
In West Virginia, a claim may still be possible, but the legal analysis differs from a running-at-large case. Evidence such as previous bites, animal control complaints, or warnings about the dog’s behavior may become important.
In West Virginia, many cases, insurance coverage is available through a homeowners or renters policy. The policy and circumstances of the incident determine what coverage may apply.
In West Virginia, an insurer may argue that your conduct contributed to the attack, such as approaching, touching, or provoking the dog or disregarding a warning. West Virginia’s comparative fault rules can affect the amount recovered based on the share of fault assigned to each party.
In West Virginia, depending on the facts of the claim, compensation may include medical expenses, future treatment and scar revision costs, lost wages, and damages for pain and suffering, including psychological effects associated with the attack.
West Virginia requires dog bites to be reported for rabies monitoring. The resulting report may also become relevant evidence in a later claim.
In West Virginia, an early payment may not account for future treatment, permanent scarring, lost income, or other losses connected to the injury. Before accepting an offer or signing a release, have the proposed settlement reviewed by a lawyer so you understand what rights you may be giving up.
Possibly in West Virginia, Animal control records, information from neighbors, and microchip records may help identify the animal and its owner. Once ownership is established, insurance coverage may also become relevant.
If your circumstances do not fit one of these questions, the details of the attack can still be reviewed with our attorneys.
The legal rule that applies to your injury may depend on facts that are easy to overlook after an attack.
Whether the dog was loose, whether the owner had prior notice, where the incident occurred, and what evidence exists can all affect the claim.
Wooton, Davis, Hussell & Johnson, PLLC represents people injured by dogs and other animals throughout West Virginia. Contact our firm to discuss the attack, the injuries you sustained, and the information available about the animal and its owner. We can explain the legal issues that may apply and the options available for pursuing compensation.
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