How Long Does a Dog Bite Lawsuit Take in Louisiana?

Dog attacks can be exceptionally traumatic and lead to serious injuries like broken bones and traumatic brain injuries. Dog owners may be liable for these injuries if they fail to stop their dogs from causing damage. After filing a claim for a dog attack, you are likely wondering: How long does a dog bite lawsuit take in Louisiana? Every case is unique, and different factors will impact how long a case takes to resolve.

The Basics of Dog Bite Claims

Dog bites and attacks can be very serious. From 2011 to 2021, there were 468 fatalities caused by a dog attack in the U.S. Anyone can sustain catastrophic injuries or suffer wrongful death in a dog bite accident, but some victims are much more vulnerable to severe injuries than others.

Children are frequently victims of dog bites, and younger children are more likely to suffer bites to the neck and head. This also makes children more likely to require serious medical care when compared to adults under the age of 75. In Louisiana, 6.1% of the population is under the age of five, while 17.4% is over the age of 65. These age groups are often more vulnerable to dog bites.

Not all dog bites result in valid claims. However, the owner is likely liable if they were negligent in retraining their dog or preventing it from causing harm.

The Factors That Influence a Settlement Timeline

A dog bite case can be resolved quickly or can take a long time. There are many factors that influence a claim, including:

1. Injury severity. Dog bites can result in infection and infectious diseases, disfigurement, lacerations, crushing injuries, and other harm. When your injuries are more severe, it can take longer to get hold of the necessary medical records, treatment information, and opinions from professionals about the long-term effects.
   Additionally, it’s often better to wait to resolve a settlement until you have reached maximum medical improvement. This will make it easier to calculate the long-term consequences of the injury.
2. Proving fault. You will have to prove that the dog’s owner would have been able to prevent the damage the dog caused but failed to, and you may also have to show that you didn’t provoke the dog. If there isn’t sufficient evidence to prove these facts, it can be harder to reach a settlement quickly.
3. Investigation. Insurance companies and legal representatives will investigate the incident and attack. When it is unclear if the owner is at fault or not, investigations may take longer, therefore lengthening the entire process.
4. Professional witnesses. When a case requires professional witnesses, it can take time to find those witnesses and allow them to conduct a thorough analysis.
5. Cooperation. If the owner of the dog or their insurance company is open to negotiation for a fair settlement, this can make the process take much less time. This cooperation is more likely when you have significant supportive evidence and the help of an attorney.
6. Settlement or trial. Generally, claims that are negotiated and settled in negotiations are much quicker than cases that go to trial. Litigated cases rely on the availability and schedule of the court, which can mean significant time between trial dates.
7. Insurance company strategies. An insurance company may try to prevent timely negotiations to place more financial pressure on you. The company’s goal is to manipulate you into settling for a lower settlement because you are desperate to cover costs. There are options for managing these costs as settlements are negotiated. An attorney can also be helpful in avoiding these underhanded techniques.

When you work with an attorney, you can avoid common mistakes or pitfalls that can make dog bite settlements take longer. While an attorney cannot guarantee a fast resolution, they can help you with each step and ensure you know the likely timeline for your unique case. This peace of mind can help immensely.

FAQs

Q: What Is the Dog Bite Rule in Louisiana?

A: The dog bite rule in Louisiana is that a dog’s owner is liable for damage caused by their dog, but only if they knew the dog’s behavior would cause damage, or should have known, and if they could have prevented the damage with reasonable care but failed to do so. The owner is also not liable if you were injured because you were provoking the dog to attack.

Q: How Much Compensation Do You Get for a Dog Bite?

A: The compensation you can get for a dog bite will rely mostly on how seriously you were injured. It may also depend on the dog’s owner’s insurance coverage. Every dog bite claim is unique and will result in different injuries and, therefore, different damages. You are also more likely to get more compensation when you work with an attorney. An attorney can more accurately calculate your damages and gather evidence to make a fair settlement more likely.

Q: Is It Worth It to File a Claim for a Dog Bite?

A: Whether or not it is worth it to file a claim for a dog bite will depend on the situation. If you were attacked and you did not provoke the dog, and the dog’s owner failed to take appropriate care to prevent the attack, it may be worth it to file a dog bite claim. Talking your case over with an attorney can help you determine if you have the grounds for a claim and what you could recover.

Q: Why Is My Dog Bite Claim Taking So Long?

A: When a dog bite case takes a long time, and you are working with an attorney, it is likely because they are fighting to get the most compensation you deserve. Negotiations can take time. However, you should ensure open communication with your attorney if you are uncertain about the progress of the case.

If you don’t have an attorney, you should consider working with one. They could help speed up a case that is dragging and negotiate for you.

Determining How Long Your Case Will Take

When you get experienced legal support from The Roach Law Firm, it can be much easier to manage your dog bite claim. Although there is no set timeline, our firm has 65 years of experience to work from, and we can consider our experience alongside your unique situation to determine a potential timeline. Contact our firm today and learn how we can help you.