Kentucky state law covers how animal attacks should be handled and where liability falls. If you were the victim of a dog bite you may be entitled to compensation. Reach out to a Pike County, KY dog bite lawyer to discuss your legal options and begin filing a claim today.
What Are Kentucky’s Dog Bite Laws?
Kentucky law states that pet owners are strictly liable for any property damage, bites, or attacks that are caused by their animals. Regardless of whether or not the dog has a history of biting or aggressive behavior, the victim of a dog bite can hold the owner responsible for their expenses.
What Compensation Can I Receive After a Dog Bite?
If you get bit by a dog you can file a claim or lawsuit against the pet owner to collect compensation for:
- Medical expenses
- Loss of income
- Pain and suffering
- Reconstructive surgery
- PTSD and emotional distress
Keep in mind that the amount of compensation you receive depends on various factors specific to your situation.
What Factors Impact Settlement Amounts?
The amount you are awarded in compensation will vary depending on the specific details of your situation. No two dog bites are the same so it is hard to say how much you will receive in damages. The following factors can affect your settlement amounts.
- Comparative negligence: A judge will determine the responsibility that each party had in the accident. You may be assigned a portion of the liability if you provoked the attack in any way or were negligent. For example, if you are found 10% liable and the dog owner is found 90% liable, your compensation will be 10% less than it would have been if the full blame lay with the other party.
- Injuries: The severity and extent of your injuries will play a significant role in determining the amount you are given in your settlement. The more severe your injuries are the more compensation you will likely receive.
- Economic damages: The total cost of your associated expenses will help determine the amount of damages you will receive. A judge will consider ambulance rides, hospital stays, surgeries, prescriptions, rehabilitation, reconstructive procedures, loss of income, and more.
- Non-economic damages: The physical pain and emotional distress that you suffer can also impact the amount you are awarded. Loss of enjoyment of life, disfigurement, disability, trauma, and more will be evaluated.
- Insurance: Your compensation will generally come from the pet owner’s insurance. If their insurance company restricts the amount of compensation available you may not be able to collect enough compensation to cover the full amount of your expenses. While you can pursue the rest of the damages from the owner themselves, it is not guaranteed.
What is the Statute of Limitations?
According to Kentucky state law, victims of a dog bite or attack have one year to initiate a case in the state’s court system. If you fail to begin the legal process of filing a lawsuit or claim within one year from the date of the attack, you forfeit your right to pursue legal action and compensation. Speak with an attorney today for more information and to ensure you do not miss out on your opportunity to collect damages for your injuries.
