New Orleans Dog Bite Lawyer

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New Orleans Dog Bite Lawyer

Many dogs are excellent human companions, but there are still many instances of dog bites and attacks each year. The Centers for Disease Control and Prevention (CDC) reports that dogs bite an estimated 4.5 million people each year in the...

Many dogs are excellent human companions, but there are still many instances of dog bites and attacks each year. The Centers for Disease Control and Prevention (CDC) reports that dogs bite an estimated 4.5 million people each year in the U.S.

Children are particularly susceptible, but any person may become a victim. If a dog bit you or your child, know that you may be entitled to compensation for your damages. Call a New Orleans dog bite lawyer at 800-899-7102 to discuss your legal options and how to pursue compensation.

What are the Louisiana dog bite laws?

Most states adhere to one of two legal theories in which a dog bite victim can hold a dog owner liable for damages: negligence and strict liability.

  • Negligence: Under the negligence rule, dog owners are only accountable for damages when the victim can show that the owner was negligent in the control or restraining of the dog.
  • Strict liability: Under the theory of strict liability, a much more victim-friendly rule, the victim has only to show that the dog hurt her; demonstrating negligence is not necessary. In strict liability states, dog owners are responsible for the damages their dog causes.

Louisiana dog bite liability statutes allow both negligence and strict liability grounds. The first part of the article pertains to negligence:

The owner of an animal is answerable for the damage caused by the animal… only upon a showing that he knew or, in the exercise of reasonable care, should have known that his animal’s behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. [Louisiana Civil Code article 2321]

The second part pertains to strict liability: “Nonetheless, the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person’s provocation of the dog.”

Your attorney can explain the best approach for your case.

What should I do after a dog bite?

After a dog bites you, swift medical attention is the top priority. The quicker you tend to the injuries, the lower the risk of complications, scarring, and infections. Doctors can assess and treat the damage, and perform surgery or use sutures if necessary. Make sure a medical professional assesses even relatively superficial bites. Bacterial and viral infections can enter the body through the wounds. Victims of dog bite injuries are susceptible to infections such as MRSA, pasteurella, tetanus, and Capnocytophaga spp., so proper care of wounds is essential.

You will also need to contact the animal control to report the incident. The authorities can investigate and find out if the dog is up-to-date on its rabies immunizations. Under Sec. 18-167, the agency must impound the dog and quarantine it for at least 10 days.

Next, speak with Cueria Law Firm, LLC about how to move forward with a claim. In most instances, the best course is to file a claim with the dog owner’s homeowner’s insurance company. Most policies will cover dog bite-related damages up to the policy’s limit. However, some insurance policies do not cover certain breeds, and some will only cover one incident per dog.

We can look into the owner’s policy and determine if your damages are compensable. If the insurance company denies your claim, the next available remedy is to file a personal injury lawsuit against the dog owner.

What types of damages can I recover under a dog bite claim?

Dog bite cases are much like any other personal injury case. Victims can recover a wide range of monetary and non-monetary damages. Examples include:

  • Medical bills: both current and future surgeries, prescriptions, hospital bills, and follow-ups
  • Medically-related transportation expenses
  • Lost wages and lost earning capacity
  • Long-term disability
  • Scarring and disfigurement
  • Pain and suffering
  • Emotional harms, such as post-traumatic stress disorder, depression, and phobias
  • Mental health treatments
  • Poor self-body image in people with facial scarring, and the effect that has on their ability to cope socially, function at work, and in their relationships

We can help detail the totality of your losses and adequately portray them to the insurer or courts. The more thorough you are in detailing your losses, the higher the overall value of your claim may be.

How do I prove my claim?

There are two things you need to prove in order to successfully secure a settlement after a dog bite. First, you need to prove liability. You can accomplish this with eyewitness testimonies, photographic or video evidence, and personal testimony.

You can also include physical evidence such as frayed leashes, broken gates, and other proof of owner negligence. If the dog has a history of aggression or attacks, prior animal control records for the dog might be on file and neighbors may be able to provide testimony. All of these items can strengthen your case.

Second, you will need to prove all of your damages in order receive compensation for them. Insurance companies train their employees to reduce payouts, so they might try to offer you a settlement that is far lower than what you deserve. You will need to produce bills, receipts, and proof of lost wages to demonstrate your monetary damages.

You can also use your medical files and medical and mental health expert witnesses to testify as to the depth and scope of your physical and mental injuries. Our team at Cueria Law Firm, LLC can help.

In the interim, you will also want to take pictures of your injuries, which can be very convincing to an insurance adjuster or jury. Keep a daily injury journal as well that documents:

  • Your injury and treatments
  • Your pain levels
  • How your injuries are affecting your day-to-day life

We can use this information to build your case and fight for a full and fair recovery.

Get Help from Cueria Law Firm, LLC

Our personal injury team at Cueria Law Firm, LLC handles all nature of cases, including dog bites in New Orleans. Helping victims seek justice and recovery is what we do best. In our 22 years of service, we have helped many Louisianans secure settlements in the aftermath of accidents and attacks. Let us do the same for you.

We work on a contingency basis, so you never have to pay any legal fees unless and until you recover compensation. Contact us today at 800-899-7102 for a free consultation, and let us help you and your family with your legal needs.

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We offer a free consultation for any person who contacts our New Orleans office with a potential personal injury case. We have no upfront retainer fees, and only collect our payment once we have successfully secured your settlement or trial award.

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Awards & Honors

Attorney Brent Cueria founded the Cueria Law Firm, L.L.C. located in New Orleans, in order to focus on the representation of injured individuals, where his true passion is. Mr. Cueria uses his past experience to diligently advocate for the injured and disabled clients he now represents against the insurance companies.

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Positive Client Reviews

Brent is very professional and easy to work with. He made sure I was taken care of better than I expected. Very nice man and great team!
Kristin Marks
Kristin Marks
19:45 29 May 19
Mr. Brent Cueria does an amazing job! He was always available for any questions or concerns that I had. There was never a moment that he wouldn't take the time to help me out and keep me updated on the process of my case! A great attorney and an amazing guy!
Kevin Byrd
Kevin Byrd
15:59 08 May 19
Awesome caring firm that puts the clients needs first always. Brent was an exceptional lawyer and good person. I highly recommend Cueria Law Firm.
Cat D
Cat D
14:19 24 Apr 19
I had a good experience with this firm. The staff was professional and protected my personal interest. I would definitely recommend them.
Tameka Lewis
Tameka Lewis
22:35 07 Feb 19
Mr. Cueria was amazing, helped me beyond my expectations, they answer the phone and respond promptly to their clients. Very easy going, respectful, and professional.
April Washington
April Washington
21:59 10 Jan 19
Very nice reliable law firm... we really had good experience with him. And we are really thankful. I recommend him to everyone.
Salwan Ibrahimi
Salwan Ibrahimi
22:43 08 Nov 18
Mr. Brent is a great personal injury attorney as well as a caring attorney. He is always available to talk and answer all our questions. Mr. Brent does not take you on as just a client. He treats you like family.
Rashonda Matthews
Rashonda Matthews
17:11 01 Nov 18
The BEST in New Orleans!! I came into this office not knowing what would be the outcome of my case, and Brent assured me he got this! A big thanks to him and his staff for all your hard work!! I’m telling you if you need someone to represent he’s definitely the guy to call!! Love you guys! Until next time !😁
Allison Johnson
Allison Johnson
15:40 11 Oct 18
Highly recommended!! He’s a very caring attorney!! Gets the job done!!
Juju Giambe
Juju Giambe
21:14 22 Mar 18
Great experience. Very professional and personal at the same time. Highly recommended.
Hortense Ambrose
Hortense Ambrose
17:33 05 Mar 18
Mr. Cueria is very professional and works hard to assure that you received the best of outcome possible. Mr. Cueria and his staffed worked diligintly to give me the best settlement possible. I was very satisfied. -
Erica Ross
Erica Ross
13:17 07 Feb 18
I Love Mr. Brent. They handle me with tender loving care
Shannan Holmes
Shannan Holmes
08:55 30 Jan 18
This was my first experience ever having a lawyer and I was very grateful and it was very pleasant. Everything worked out for the best and I would definitely recommend Brent.
Lionel Vicknair
Lionel Vicknair
16:06 07 Dec 17

Talk to an Injury Attorney in
NEW ORLEANS for FREE

There are many factors that can affect the outcome of your case, but time is often the most important. Call Cueria Law Firm today to speak to an attorney about your claim, and get started on the path to physical, emotional and financial recovery.

The team at Cueria Law Firm is here to assist you in all steps of your case - setting up doctor's appointments, starting an insurance claim, requesting a rental car, and more. We understand life after an accident can be overwhelming, but you aren't going through it alone.

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