How Long After a Dog Bite Can You File a Claim With a Personal Injury Lawyer?
Dog bites can be traumatic experiences, often leaving victims with physical injuries, emotional scars, and financial burdens. If a dog has bitten you or a loved one, understanding your rights and the timeline for pursuing a personal injury claim is crucial.
You don’t have to figure out all the details on your own, as Basso Law LLC can help guide you through the legal process. If you’ve been bitten by a dog in Providence, Rhode Island, keep reading to learn how long you have to file a claim, the factors that influence this timeline, and why working with an experienced personal injury lawyer is essential.
Rhode Island’s Statute of Limitations for Dog Bite Claims
In Rhode Island, as in other states, personal injury claims are governed by a statute of limitations. The statute of limitations is a legal deadline determining how long you have to file a lawsuit after an incident occurs. For dog bite cases, this deadline is generally three years from the date of the bite.
This means that if a dog bit you on January 1, 2025, you would typically have until January 1, 2028, to file a personal injury claim. Missing this deadline could result in your case being dismissed, leaving you unable to recover compensation for your injuries.
However, exceptions and nuances to this rule may affect your ability to file a claim.
Exceptions to the Three-Year Rule
While the three-year statute of limitations applies in most dog bite cases, certain circumstances can extend or shorten this timeline. These exceptions include:
Minors involved in dog bite cases: If the victim is under 18 years old at the time of the bite, the statute of limitations may be paused until the victim turns 18. In such cases, the three-year period would begin on the victim’s 18th birthday, giving them until their 21st birthday to file a claim.
Discovery rule: In rare instances, the statute of limitations may be extended if the injuries from the dog bite were not immediately apparent. For example, if an infection or other complications arise well after the bite, the clock may start from the date the injury was discovered rather than the date of the bite.
Government entities as defendants: If the dog involved in the bite is owned by a government entity, such as a police dog, the timeline for filing a claim may be significantly shorter. Victims may need to adhere to strict notice requirements and deadlines, which could be as short as 60 to 90 days.
Mental incapacity: If the victim is mentally incapacitated at the time of the bite, the statute of limitations may be tolled until they regain capacity.
Steps to Take Immediately After a Dog Bite
Acting promptly after a dog bite is crucial to protect your health and preserve your legal rights. Here are the steps you should take:
Seek medical attention: Dog bites can cause severe injuries, including deep lacerations, nerve damage, and infections such as rabies or tetanus. Seeking immediate medical care protects your health and creates a record of your injuries, which can be used as evidence in your claim.
Report the incident: Notify local animal control or law enforcement about the bite. Reporting the incident helps document the circumstances and establishes an official record, which can be valuable if you decide to pursue a claim.
Gather evidence: Collect as much evidence as possible, including photographs of your injuries, the location of the incident, and the dog involved. If there were witnesses, obtain their contact information and statements.
Identify the dog owner: Rhode Island law holds dog owners responsible for their pets’ actions. Identifying the owner is essential for filing a claim and seeking compensation.
Consult a personal injury lawyer: An experienced attorney can guide you through the legal process, help you meet all deadlines, and advocate for your rights.
Rhode Island’s Strict Liability Rule for Dog Bites
Rhode Island follows a strict liability rule for dog bite cases. This means that dog owners are held legally responsible for injuries caused by their dog, regardless of whether the dog has a history of aggression or the owner took precautions to prevent the bite. Under strict liability laws, you don’t need to prove that the owner was negligent; you only need to show:
The dog bit you.
You were lawfully present at the location where the bite occurred.
The bite caused your injuries.
Strict liability simplifies the legal process for victims but doesn’t eliminate the need for substantial evidence and legal representation from a personal injury lawyer.
Factors That Can Influence the Timeline of Your Claim
While the statute of limitations sets a clear deadline, several factors can influence how quickly you should file your claim and how long the process may take:
Severity of injuries: Severe injuries may require prolonged medical treatment and rehabilitation. Waiting until you have a clear understanding of your long-term medical needs can help you get adequate compensation.
Insurance company negotiations: Many dog bite claims are settled through negotiations with the dog owner’s insurance company. Depending on the details of the case and the insurer's willingness to offer a fair settlement, this process can take weeks or months.
Evidence collection: Building a strong case requires gathering medical records, witness statements, and other evidence. Delays in obtaining this information can affect the timeline of your claim.
Court schedules: If your case goes to trial, the timeline may be affected by court availability and procedural requirements.
Make sure to keep these factors in mind when pursuing your case. Turning to a reliable personal injury lawyer can help you solve these challenges so you can get adequate compensation.
Compensation Available in Dog Bite Cases
Victims of dog bites in Rhode Island may be entitled to various types of compensation, including:
Medical expenses: This includes the cost of emergency care, surgeries, medications, physical therapy, and any future medical needs related to the bite.
Lost wages: If your injuries prevent you from working, you can seek compensation for lost income and diminished earning capacity.
Pain and suffering: Dog bites can cause significant physical pain and emotional distress. Compensation for pain and suffering accounts for the non-economic impact of your injuries.
Scarring and disfigurement: Severe dog bites may result in permanent scarring or disfigurement. Victims can seek additional compensation for these long-term effects.
Punitive damages: In cases involving egregious behavior by the dog owner, such as knowingly harboring a dangerous animal, the court may award punitive damages to punish the owner and deter similar conduct.
As you can tell, there are a number of avenues to receiving compensation after being bitten by a dog. Don’t wait to pursue your case with a personal injury lawyer, as you could lose out on funds essential to recovery.
Why You Shouldn’t Wait to File a Claim
Although you have up to three years to file a personal injury claim in Rhode Island, waiting too long can harm your case. Here’s why acting promptly is essential:
Preservation of evidence: Immediately after the incident, it is easier to collect evidence such as photographs, medical records, and witness statements. Delaying your claim increases the risk of losing critical evidence.
Credibility: Filing a claim soon after the bite demonstrates the seriousness of your injuries and strengthens your case. Waiting too long may raise questions about the validity of your claim.
Financial relief: Prompt action can help you recover compensation sooner, alleviating the financial strain caused by medical bills and lost wages.
Legal deadlines: Missing the statute of limitations deadline can result in your case being dismissed, leaving you without any legal recourse.
By acting quickly, you’ll be able to get ahead of looming deadlines and rest your mind as your personal injury lawyer helps you through the process.
Reach Out to a Personal Injury Lawyer at Basso Law LLC
If you’ve been bitten by a dog in Providence, Rhode Island, understanding the statute of limitations and taking prompt action is critical to protecting your rights and securing adequate compensation. While you generally have three years to file a claim, exceptions and circumstances can affect this timeline.
Contact Basso Law LLC today for a free initial consultation to discuss your case and learn more about your legal options. Attorney Jessica Basso is committed to fighting for fair compensation for her clients.