Clearwater Dog Bite Lawyer

Clearwater Dog Bite Attorneys

Aggressive Dog

Being bitten by a dog in Clearwater can leave you with serious injuries. Dog bites can cause deep, painful injuries, impacting tendons, nerves, and muscles. Some injuries could even leave scarring and disfigurement.

For over 40 years, the Clearwater dog bite lawyers at Jack Bernstein, Injury Attorneys, have been helping people secure the compensation they deserve after a dog bite accident.

Were you injured by a dog bite? Contact Jack Bernstein, Injury Attorneys, now.

Why Dog Bites in Clearwater Require Immediate Legal Action

Dog bites can be quite severe, depending on the breed that bites you, due to the bite force exerted by the dog. The bite force is the amount of PSI (pounds per square inch) and includes the following values for these breeds:

  • Kangal: 743
  • Pit Bull: 235
  • Bulldog: 305
  • Rottweiler: 328
  • German Shepard: 238
  • Chow Chow: 220

The intensity of the bite can rip and tear muscles, tendons, flesh, and damage nerves, leaving severe injuries that may never fully heal. As such, immediate legal action is required for dog bites in Clearwater for several reasons.

You’ll also need to preserve evidence to secure maximum compensation. While the state does have a two-year statute of limitations for dog bite claims, you do not want to wait until the last possible moment to file. Evidence could get lost, the owner leaves the state, and other such things could occur, making it more challenging to recover monetary compensation.

Florida Law for Dog Bite Liability

In Florida, dog owners are strictly liable for injuries caused by their dog, regardless of whether the dog has ever bitten before or shown aggressive behavior. There is no “one-bite rule” in the state, meaning the owner is liable, even if it is the first time a dog has bitten someone.

The Florida dog bite law covers both public places and being lawfully on private property. Unlike other types of personal injury claims, the victim does not have to prove negligence. The dog owner is automatically liable.

However, if the person who was bitten contributed to the incident, the percentage of their negligence is deducted from the owner’s liability, as allowed by Florida’s modified comparative negligence statute.

Locally, Pinellas County has local ordinances, requiring dog owners to keep dogs on leashes, properly restrained, and contained. If they fail to do so, then they can be held liable for any dog bite incidents.

There are a few exceptions to the strict liability law:

  • There was clear, prominent signage on the dog owner’s property with warnings of the dog’s behavior.
  • The individual trespassed onto the property and was not under the age of 6.

How Jack Bernstein, Injury Attorneys, Can Help Your Dog Bite Claim

Having an experienced dog bite lawyer in Clearwater assist with your dog bite claim ensures you can recover maximum compensation. Some of the ways our personal injury lawyers help you include:

  • Free consultation.
  • Contingency fee basis representation — no legal fees unless we win.
  • Over 40 years of experience in handling personal injury and dog bite cases.
  • Deep understanding of Clearwater courts, local ordinances, and legal processes.
  • Familiarity with local insurance adjusters and insurance companies, and the tactics they use.
  • Tens of millions recovered for our clients, including multiple $1+ million settlements and verdicts.
  • Client-first approach with compassionate representation.
  • All of our attorneys have actual trial experience.
  • We handle all aspects of the case, including:
    • Thorough investigation of the incident.
    • Gathering evidence (police reports, medical records, witness statements, photos).
    • Negotiating with the insurance company and adjuster.
    • Protecting your rights.
    • Pursuing maximum compensation.
    • Taking the case to trial, if necessary.

Types of Damages You Can Recover in a Clearwater Dog Bite Claim

The types of damage you could recover for your injuries after being bitten by a dog in Clearwater include economic and non-economic damages. Economic damages are quantifiable financial losses you experienced as a direct result of the incident. Non-economic damages are intangible losses without an actual dollar amount. They are calculated using a multiplier between 1.5 and 5, based on the severity of your injuries. The multiplier is applied to the total amount of our economic damages.

Economic Damages (Actual Out-Of-Pocket Costs)

  • Present and future medical expenses
  • Physical therapy and rehabilitation costs
  • Medical device costs
  • Prescription costs
  • Surgery expenses
  • Tetanus shots and rabies treatments
  • Mental health treatment expenses
  • Present and future lost wages
  • Loss of earning capacity
  • Property damage

Non-Economic Damages (Mental/Physical Pain)

  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss of enjoyment
  • Loss of consortium
  • Disfigurement
  • Scarring

Special Circumstances (Enhanced Damages)

A third type of damages awarded in rare situations, where the dog’s owner was grossly negligent, malicious, or reckless, is considered punitive damages. Punitive damages are awarded as a means to punish the dog’s owner for their behavior and deter others from behaving similarly. For example, they were fully aware their dog was aggressive and dangerous and intentionally let them attack you.

What To Do Immediately After a Dog Bite in Clearwater

It is vital to take immediate steps following a Clearwater dog bite incident to protect your legal rights and health.

  1. Report the incident: Call 911, report the dog bite to the police, and request medical care. You can also call Pinellas County Animal Services to report the incident.
  2. Seek immediate medical treatment: You may need tetanus and rabies shots, antibiotics, corrective surgery, or other medical care.
  3. Document the scene and gather evidence: Take pictures of your injuries, the dog, and any property damage. Obtain contact information from the dog owner and from any witnesses. Also, obtain the dog owner’s insurance information.
  4. Contact a dog bite attorney: Filing dog bite injury claims is easier with help from an experienced attorney familiar with premises liability law. Schedule a free consultation as soon as possible.
  5. Avoid common mistakes: Never admit fault or partial fault for the dog bite. Do not make recorded statements to the insurance company without your lawyer present.

When Can You Recover Compensation? (Dog Owner Liability)

Dog owners have a “duty of care” to ensure their dogs are properly restrained at all times. They must keep them on a leash or confined on their property. They must also ensure their dogs do not run loose in public areas. If their dog escapes, they remain liable and should quickly find it. Pinellas County requires dangerous dogs to be muzzled, leashed, and under the control of an able person when in public spaces.

Under Florida’s strict liability and dog bite laws, you can recover compensation from a dog bite if:

  • A dog bite occurred.
  • You were lawfully on their property or in a public space.
  • The dog owner failed to maintain control over their dog.

Strict liability applies to any victim aged 6 and under and, in most situations, regardless of:

  • Whether the dog has a prior history of dog bites, or this was their first incident.
  • Whether the owner was aware of their dog’s aggressive or dangerous behaviors.
  • The dog’s breed or size.
  • Whether the dog is registered and licensed.

However, the dog owner’s liability may be reduced or eliminated in certain cases:

  • You provoked the dog, and they bit you.
  • The dog owner warned you of their dog’s aggressiveness.
  • The dog owner had clear signage with wording warning you of the dog’s behavior.
  • You were trespassing and not lawfully allowed on the dog owner’s property.
  • You were engaged in criminal activity.

The Investigation and Claims Process at Jack Bernstein, Injury Attorneys

After your free consultation and case evaluation, and retaining one of our dog bite attorneys in Clearwater to represent your interests, we will:

  • Conduct a thorough investigation into your claim.
  • Gather all necessary evidence to support your claim.
  • File your claim with the dog owner’s homeowner’s or renter’s insurance.
  • Prepare and submit the demand letter to recover compensation.
  • Handle all negotiations with the insurance company to reach a favorable settlement.
  • If a settlement cannot be reached, litigate your case at trial.

Throughout your case, we maintain clear and open communication with you, so you are fully aware of what is happening. We also advise you when a settlement offer is favorable. However, we will never accept a settlement without your permission. Our goal is to obtain maximum compensation while allowing you to focus on healing and recovery.

Don’t Accept the First Settlement Offer

Insurance companies’ primary objective is to get you to accept the first settlement offer they make. The adjuster may act like they are concerned and care, but they work for the insurance company, a for-profit business, meaning they do not like paying out large settlements.

Other tactics they will use could include:

  • Asking leading questions to attempt to get you to admit fault.
  • Denying certain medical treatments and saying they are not necessary.
  • Downplaying the seriousness of your injuries.
  • Using your social media posts or any recorded statements you made against you.

The first offer will always be the lowest possible amount, not what you actually deserve. Our Clearwater dog bite attorney is aware of these tactics and the maximum compensation you deserve.

Client Testimonials

  • Matthew: Elaine, Michelle, Blake, and Jack did a fantastic job of negotiating my settlement. I would highly recommend them to anyone in need of legal representation.
  • DG: Michelle Thomas and the Bernstein team made things very quick and easy. Highly recommend this legal team.
  • Yan Carlos Grillo: Una buena experiencia y buen servicio.
  • Aaron: The issue was life-changing, to have an experienced law firm as Jack Bernstein’s that fights and pursues with passion only reassures that the entire team has my best interest in front and Jack has my back.

Don’t Delay: Contact Our Clearwater Dog Bite Lawyers Today

Time is of the essence when dealing with a dog bite injury. You need to act quickly to protect your legal rights and secure the compensation you deserve. At Jack Bernstein, Injury Attorneys, we provide a free consultation and contingency fee-basis representation. Find out your legal rights and options today before speaking to the insurance company.

Were you injured by a dog bite? Contact Jack Bernstein, Injury Attorneys, now.

FAQ

Florida’s strict liability applies to dogs that have never bitten anyone before. You are still covered and can file an injury claim against the dog owner’s insurance.

You can recover compensation under Florida’s modified comparative negligence law. However, the percentage of fault you are assigned is deducted from your total settlement. For example, if you are 20% at fault, and your total settlement is $50,000, you would receive $40,000 after 20% is deducted.

You can recover damages as long as you are lawfully on the person’s property. Lawfully means you were either invited and had permission to be there or had a legal right to be there.

In most cases, homeowners’ and renters’ insurance will cover dog bite damages. Dog owners should check their specific policies to verify they have coverage. Insurance companies may have breed restrictions or deny coverage if the dog has a history of biting.

If the dog owner does not have insurance, you can sue the dog owner directly for any damages. You might also be able to file your claim against your own insurance.

You are entitled to recover economic damages, such as medical bills and lost wages, as well as non-economic damages, including emotional trauma and PTSD.

The time needed to resolve your case depends on the severity of injuries and the complexity of the case. Most cases are settled within two and six months. If the case proceeds to trial, a settlement may still be reached, but it could take up to a year or longer.

Serving All of Clearwater and Pinellas County

Jack Bernstein, Injury Attorneys, assists with all types of personal injury cases in Clearwater and Pinellas County, as well as these communities:

  • St. Petersburg
  • Indian Rocks Beach
  • Indian Shores
  • Largo
  • Dunedin
  • Safety Harbor
  • Tarpon Springs
  • Pinellas Park Redington Shores
  • Redington Beach
  • Madeira Beach
  • Treasure Island
  • Kenneth City
  • Palm Harbor
  • Gulf Port
  • East Lake

Additional Resources for Dog Bite Victims

About Jack G. Bernstein Esq.
Personal Injury Lawyer

Jack Bernstein Personal Injury Attorney

For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.

Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.

Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.

Free Case Evaluation

No Fees Unless We Win

No upfront fees, no risk, and no out of pocket cost to you or your family.

Entirely confidential – we respect your privacy, consultations are privileged.