A dog bite can occur in seconds, but the damage and legal problems, however, may continue for years. A dog bite victim may be treated for injuries, experience lost wages, be left with scars, suffer emotional trauma and be uncertain as to who was to blame. Collecting good evidence can help, if you are bringing a dog bite claim, to help prove what happened.
So, what evidence does a dog bite lawyer need?
If you have been attacked by a dog, the answer hinges on the specifics of the attack and which rules govern your case. In Alabama, rules of law may be different if the attack occurred in the dog owner’s house or yard than if it took place elsewhere. That’s why you need to document information to give to a dog bite lawyer about where you were, the dog, the dog owner, the circumstances of the attack, and the injuries sustained.
Medical Records and Treatment Information
Medical records are some of the most significant evidence to keep in a dog bite case. Go to the doctor immediately after being bitten, especially if the injury initially looks minor. Your dog bite injury may have given you puncture wounds, lacerations, infections, nerve damage, broken bones, and scarring.
Medical documentation can show:
- When you received treatment
- The nature and severity of your injuries
- Medications that were prescribed
- Whether you needed stitches or surgery
- Follow-up treatment
- Physical therapy or other rehabilitation
- Future medical recommendations
- Psychological treatment related to the attack
CDC says seek medical treatment for severe or deep dog bite wounds. Infections can also be caused by bites.
Save any medical bills, prescriptions, discharge instructions, treatment notes, and any other medical documentation from the incident.
Photographs of the Injuries
Photographs can demonstrate the extent and change of your injuries better than words.
Photograph all injuries soon after the attack. Keep taking photos of injuries as they heal and when bruising, swelling, scarring and other injuries change or become visible.
Try to capture:
- The overall injury
- Close-up photographs of wounds
- Bruising and swelling
- Stitches or surgical wounds
- Scarring as it develops
- Bandages or medical devices
- Changes during the healing process
Always keep the originals of the photographs whenever it is feasible and avoid modifications.
Information About the Dog and Its Owner
Taking note of the dog and owner can be important. Gather information about the owner’s name, address, phone, and insurance details if it is safe to do so.
You may also need information about the dog, including:
- The dog’s name
- Breed or description
- Where the dog lives
- Whether the dog was properly restrained
- Whether the dog was on a leash
- Vaccination information
- Previous aggressive behavior
- Previous bites or attacks
Animal Control or Police Reports
An official post-attack report can serve as an independent documentation of the attack. Officers from animal control or law enforcement will note where the attack occurred, gather relevant details, and may interview witnesses, identify the dog and owner, and gather other information.
Make a request and keep a copy of any report related to the attack.
Documentation can also provide a record which may be relevant at a later date if the dog’s history is questioned or if there is a question related to the circumstances of the bite.
Witness Statements and Contact Information
Witnesses to the attack may be able to provide evidence about what occurred.
. Obtain contact information and names of anyone who saw the incident. Witnesses can provide:
- Where the dog was
- Whether the dog was restrained
- What happened immediately before the bite
- If so, why? Was the owner trying to hold down the dog?
- If the offender engaged or provoked the dog
- What happened immediately after the attack
Testimony from witnesses may be especially crucial when the victim and the dog owner’s versions of the events vary.
Photos and Videos of the Location
The place where the attack occurred may be a factor to consider in the value of a dog bite claim. Photos or video of the scene should be taken when it is safe to do so.
For example, photographs may show:
- A broken or open gate
- A damaged fence
- Missing warning signs
- A leash or restraint
- The location where the attack occurred
- Surrounding conditions that help explain what happened
Surveillance Video – Camera, doorbell camera, business security system, or cellphone footage could include evidence. If you think you have surveillance video, let your lawyer know right away because some cameras erase older footage.
Evidence of Lost Income
An extreme dog bite might keep you from being able to work.
Keep documentation showing your lost income, such as:
- Pay stubs
- Employer records
- Time-off records
- Tax documents
- Records of missed work
- Documentation of reduced hours
If you have a future loss claim if you are unable to work in the future then further evidence might be required in order to establish your loss.
Evidence of Pain, Scarring, and Emotional Distress
Some of the impact of a dog attack isn’t on the bill.
The victim of an attack may be frightened and anxious, and may have trouble sleeping or may be physically and psychologically traumatised. Permanent scars and disfigurement may also affect the daily life and self-confidence of a person.
Take notes: Keep a personal record of how your injury affects you. Make notes of important symptoms, appointments, and restrictions, or changes to your daily routine.
The ABA (American Bar Association) explains that evidence of damages are the losses and effects of an injury that are obtained by preparing evidence. This may include medical evidence or records of damages.
Evidence of the Dog’s Previous Behavior
Your dog’s history could be relevant depending on the theory of liability.
Evidence might be prior bite reports, animal control and police reports, complaints, witness statements, and other documentation demonstrating the dog’s aggressive tendencies. The Alabama law may have different requirements for cases that involve the dog attacking on the owner’s property and cases in which the dog attacked in other locations. According to The Lackey Law Firm, these two types of cases may need different types of proof.
It may be necessary for an attorney to explore the event and what proof will help prove liability.
Keep All Evidence in One Place
Collect papers. Post-dog bite, you may be anxious and worried about your injury. While you’re in this condition, it’s a good idea to compile a file of documentation about the bite.
Include:
- Medical records
- Medical bills
- Injury photographs
- Police or animal control reports
- Witness information
- Dog and owner information
- Insurance correspondence
- Employment records
- Receipts for related expenses
- Notes about your recovery
Never discard documents just because they appear to hold no significance. A personal injury attorney can go over the information and see what might be useful to your claim.
Why Evidence Matters in a Dog Bite Case
Evidence can do more than prove a bite occurred…. To establish a case, you might need evidence of what happened, who was responsible, the injuries sustained, and the financial and emotional impact.
The exact legal standards will vary depending on the situation and state law. According to the American Bar Association, dog-bite liability rules differ greatly among state laws, which utilize such principles as strict liability and negligence.
So it is usually better to save the proof early rather than just when a disagreement develops.
