Am I Entitled To Compensation for a Dog Bite To the Face?

Almost certainly! Arizona law recognizes that the victim of an accident shouldn’t be responsible for the financial or emotional hardship stemming from that accident. Arizona’s dog bite law assigns the dog’s owner with “strict liability,” which means that they’re financially responsible for the bite even if it was the first time or they had no other way of knowing the dog might bite.

Take note, though: There are a few instances in which you may have a hard time getting compensation, such as if you were trespassing on private property, if you were deliberately taunting the dog, or if you have waited too long to pursue your case.

What Kinds of Expenses Will a Dog Bite Settlement Cover?

The first and most obvious expenses that a settlement will cover are your medical expenses, so keep good records of any and all medical bills you get due to the dog bite. And of course, take note of any missed work, as a settlement will usually also reimburse you for lost income due to the bite.

Pain and suffering are more difficult to prove, but with a good lawyer to present your case, you may also be able to claim reimbursement for the psychological impact of the bite. In addition, keep in mind that bites to the face can carry with them additional challenges, such as disfigurement and loss of self-esteem, not to mention the need for expensive cosmetic surgery that your health insurance may not cover. The psychological impact is more difficult to put a monetary value on than the prospect of elective medical procedures, but the hardship should be reflected in your settlement.

Will I Have To Go To Court?

Many injury victims hesitate to make a claim because they don’t want to go to court. Going to court can be intimidating, especially if you have damage to your face that you are self-conscious about. Fortunately, most injury cases are settled out of court, so you may never need to see the inside of a courtroom.

How Much Money Will I Get?

The biggest question clients often have is how much their case is worth. It varies with the details of each case, since your settlement is at least part based on reimbursement for medical and other expenses incurred as a result of the dog bite. According to Quote Wizard, the average dog bite settlement in Arizona in 2019 was $45,811.

Is There a Time Limit for Filing My Case?

You do have a two-year time limit for filing a personal injury claim in Arizona. Two years may seem like a lot of time, but you’ll be surprised how that will pass between the doctors’ appointments, missed work, and mental anguish that follows a dog bite. Even if you’re not sure yet what the extent of your injuries may be, or how much the medical bills will end up totaling, now is the best time to get a lawyer on your case and start pursuing a claim.

The Best Lawyer for Your Case

Presenting a winning dog bite case requires experience and confidence, so your choice of an attorney is crucial. To determine whether your case is worth pursuing a settlement, call Simon Law Group, PLLC, today and schedule a consultation.

Does it matter who is at fault in Arizona?

There are a few different types of approaches to car accident fault. For instance, if a state is “no fault,” that would mean that each individual person’s insurance company was responsible for their own damages, rather than whoever was at fault in the accident. In an “at fault” state, the insurance company of whoever is determined to have caused the accident is responsible for everyone’s damages. Arizona, on the other hand, is a “comparative fault” state. This means that it matters who is at fault, but that more than one person can be determined to be at fault, and the courts assess the percentage of how much fault lies with each person.

What is comparative fault?

Comparative fault recognizes that accidents are often caused by more than one person, which benefits you if you are the main person at fault, but could be a bad thing if you were the victim of an accident. The court estimates a percentage of how much each driver was at fault, and since the other driver’s insurance company knows this, they’ll be looking for things that they can blame on you to reduce your settlement. If you are not familiar with this practice, the other party’s insurance company could take advantage, leaving you with a settlement that’s much lower than what you are rightfully owed.

If your case goes to court, the jury  will determine a percentage of how much each person was at fault, based on the strength of the evidence presented by each side in court. This means that any money you are awarded would be reduced by the percentage that you were determined to be at fault. For instance, if you were determined to be 30 percent at fault in an accident, and the other driver was 70 percent at fault, they would only pay 70 percent of your damages and medical bills.

Is there a time limit on pursuing litigation?

If you think you have a case and you aren’t happy with what the other party’s insurance company is offering, you may want to pursue litigation instead. Keep in mind, however, that you have only two years to pursue your case.

This may seem like a generous amount of time, but remember that the clock started rolling immediately after the accident, and you may have already spent some time in and out of hospitals and negotiating with the insurance company. If you suspect things aren’t going your way, it’s important to consult with a lawyer right away, because that two-year time limit also includes any time that might be spent on negotiations and other legal proceedings.

If you are in an accident, it’s important to consult with a lawyer as soon as possible, even if you’re not really sure yet that you will need one. Sometimes just having a lawyer is all it takes for the other party’s insurance company to take you seriously and start treating you fairly. For more information about determining car accident fault in Arizona or deciding if you have a case, contact Simon Law Group, PLLC, today.

If you’ve been bitten or attacked by a dog in Arizona, what do you do? Most people won’t think twice about a dog bite, but these bites can be more than just a little nibble from Fido. Dog bites can lead to severe injury and can even get infected, often needing urgent medical attention. In some cases, a dog bite can even be cause for a lawsuit, given special Arizona laws. If you’ve been injured by a dog during an attack, don’t miss out on the critical medical attention, or compensation, you may deserve. 

What causes a dog to attack?

Dogs are normally very happy, huggable, and playful, but they are also very loyal and territorial animals by nature. Since all dogs have different personal temperaments, and those temperaments also vary by breed, it can be difficult to pinpoint exactly why a dog chose to attack someone. Ultimately, the onus is on the owner (and, by proxy, the person choosing to interact with the dog) to ensure that the dog feels safe and is safe for others to be around when that dog is taken into a public place. 

According to the American Kennel Club, dogs often display warning signs that they are unhappy or are about to attack. Some of these signs include showing teeth, barking, and growling. But what could possibly provoke a dog to want to bite? There are many, including, fear, territory, surprise, and unwanted attention, such as petting when the dog is grooming, protecting puppies, sleeping, or eating.

Arizona’s Stance on Dog Bites

Arizona has a special statute on dog bite injuries that differs from other states, making your case crucial if you live in Arizona. Arizona holds the owner of the dog liable for injuries much more strictly than other states. If a dog bites a person in this state, even if the owner didn’t have knowledge of the attack, they are liable for that time and every time after. This differs from other states, because other states have a ‘one bite free’ policy, where the first time a dog bites someone, the owner may not be liable. In Arizona there is no first warning. Knowing this statute can help your case if you’ve been injured by a dog bite, as the owner claiming that the animal has never bitten anyone before or has never displayed aggression prior to the attack is still not a valid excuse for negligence or lack of knowledge. If a caretaker is caring for the dog at the time of the attack, both the caretaker and the owner may be held liable for the damages. Knowing this legal information is also crucial in case the owner is not present at the time of the attack.

What Should I Do If I’ve Been Bitten?

If you’re able to, and depending on the severity of the wound, you should take the following steps after being bitten by a dog:

-Stop the bleeding by applying pressure to the wound.

-Wash the wound immediately and thoroughly with soap and lots of water to remove bacteria.

-Cover the wound with a bandage or cloth to protect it.

-Seek medical attention and contact your physician for further treatment. (This is important, because physicians are required to contact animal control if a person comes in seeking care for a dog bite injury.)

These steps should also be taken, likely after the wound is cared for, depending on severity:

-Contact the police or animal control services about the incident.

-You will want a police report or formal record of the accident in case the wound gets worse.

-Collect the owner or caretaker’s (if owner is not present) and dog’s personal information, including: 

-Name, address, phone number, insurance information, etc.

-The dog’s breed, age, medical/vaccine history, veterinarian contact information, and temperament history. 

The following scale can help you determine the severity of the dog bite and inform you on when/how to seek proper medical attention. It can also be used in court as an objective measure of the wound and to calculate appropriate damages.

What Considerations Are There for My Doctor To Know About?

Seeing your physician after the dog bite can be critical, as dog bites can be more than just a little scratch. Injury considerations include breaking of the skin, but can also develop into tetanus from bacteria and rabies concerns further down the line if not treated quickly. Even if the bite seems small, it’s best to get it checked out. Getting the dog’s vaccine/medical history can help you determine if the dog is up to date on its vaccinations, as rabies and other diseases can be dangerous to humans. This can also help you in court, as you may be able to prove the owner’s further liability if the dog is not updated on its vaccinations and it bites you. Your own vaccine history may be important as well, as tetanus and rabies vaccine boosters can protect you from foreign bacteria transmitted by an animal bite. If you also have medical risk vulnerabilities, such as age, pregnancy, or are an immune-compromised individual, this will be important information for your doctor to consider.

Once you’ve received medical attention for the dog bite, it’s important to know how you can  move forward in submitting a claim for your injury. 

Simon Law Group, PLLC, has represented numerous children as well as adults who have been attacked by dogs. If you’ve been injured in a dog bite/attack, you may be entitled to compensation for your injuries. Contact Simon Law Group, PLLC, today for more information.

To view the entire infographic, click the image below.

Type of Injury

The most important thing is to make sure you would qualify for compensation. While most slip and falls likely don’t result in serious injury, in the case that you’ve been seriously injured, you’ll need to prove it. This comes through medical bills, photos, and other forms of proof that the slip and fall has caused a serious injury.

Type of Visitor

The big question here to consider is whether you had right to be there when the slip and fall occurred. This might sound odd, but it is important to question. If you were invited into someone’s home, or you were visiting a business or a public place, the answer is yes, you were there legitimately, and have a right to expect the premises to be safe. If you were there without permission, for instance if you were trespassing, the courts will likely dismiss your case. The property owner has no obligation to make the property safe for trespassers.

Negligence and Liability

The next thing to consider is if the property owner was negligent. Your case will hinge upon being able to prove that they were negligent and that they failed to prevent or alert you to some sort of danger. For instance, if the danger was “open and obvious,” and you should have noticed or could have easily avoided it, you may have a hard time proving the injury was their fault. On the other hand, if there was a spill that was there for a long time without it being cleaned up, you may be able to prove negligence on their part.

Comparative Fault

There is another thing Arizona law will determine in a slip and fall case, and that is whether you share any percentage of the fault. Even if the accident was due to negligence on the property owner’s fault, the court can determine that you are also partially at fault. In cases like that, the court will assign a percentage of fault to you, and your compensation will be reduced by that amount. For instance, if you had a slip and fall accident on the ice outside a business’s door, but you were doing something that caused you to fall more easily than you would have ordinarily, the court may find that you are 25 percent at fault, and therefore award you 75 percent of the compensation.

Statute of Limitations

Like most other things, there is a limit on how long you have to file a lawsuit for a slip and fall injury in Arizona. Generally, you have two years from the date of the accident, however, if the owner of the property is a government agency a Notice of Claim must be filed within 180 days. Don’t be complacent about having so much time, however. Finding a good accident attorney and preparing a case takes time, so you should consult with an attorney as soon as possible to determine if you have a valid case.

Finding a Slip and Fall Attorney

The criteria for determining whether you have a valid slip and fall case can be confusing, so if you are unsure, the best thing to do is consult an attorney. To get the ball rolling, contact Simon Law Group, PLLC, today and set up a consultation.

Arizona’s Stance on Compensation for a Dog Bite

While many other states have negligence and dangerous dog laws, enabling them to claim ignorance the first time their dog bites someone, Arizona takes the stance that it’s hardly your fault whether the owner knew their dog could bite. You still have the same physical and emotional trauma, medical bills, and recovery time either way.

In technical terms, Arizona is known as a “strict liability” state, which means that a good dog bite attorney should be able to win compensation for your injuries regardless of whether the owner knew their dog could bite. The only defense they might have is if you were provoking the dog, or if you were illegally trespassing on their property. In all other situations, they owe you compensation for your bills, lost wages, and potentially even for pain and suffering.

The Role of Homeowners Insurance

When you’ve been bitten, your dog bite attorney isn’t going after the owner’s life savings, but rather they’re requesting compensation from the owner’s homeowners or renters insurance policy. Most of those policies have a liability limit that can pay out to compensate for injuries that the policy holder could be held responsible for. That’s not to say that it only covers your dog bite if you were on their property at the time! Policies also cover certain incidents that happen away from home, such as if their dog gets loose or if you cross paths with the owner while they’re walking their dog, and that’s when you get bitten.

What If Their Policy Denies Coverage?

Sometimes insurance policies may simply not cover the dog bite. Just as many landlords and HOAs have breed restrictions, many insurance companies do too! Data shows that certain dog breeds are more likely not just to bite, but also to cause real harm when biting. These include breeds such as pit bulls, Dobermans, German shepherds, rottweilers, and wolf hybrids. If you’ve been bitten and you find that the owner’s insurance won’t pay out, you may need to hire a good dog bite attorney to take the owner to court. Just because they have been denied coverage, doesn’t mean you shouldn’t be compensated. A dog bite can have a lasting impact on your physical and mental health, not to mention your finances.

Bitten? What To Do Next

If you’ve been bitten by someone else’s dog, your first actions were probably to get medical attention. Once you’ve been treated, it’s time to start thinking about who is going to pay for all this. It shouldn’t be you! Gather all of your documentation, including medical paperwork, police reports, and any information you have on the dog and its owner. It’s important to start looking for a dog bite attorney as soon as possible to ensure your case is handled correctly from the very beginning. For more information about Simon Law Group, PLLC, and how we handle dog bite cases, contact us today. 

They Take a Quick Insurance Settlement

When your medical bills begin to come in, you may be tempted to accept an insurance company settlement in order to get them paid, but don’t make this mistake. Instead, contact an experienced personal injury attorney to determine if you have a case, or if the settlement being offered really is fair and sufficient.

A fair settlement will cover current and future medical bills. Talk to an experienced lawyer who knows how to calculate future medical expenses.

They Waive Their Rights

When you accept the insurance company’s settlement, you waive your right for future compensation. For example, you may go to the chiropractor for several visits for whiplash, but months later you begin to feel the effects of a concussion. If you have already taken a settlement, the doctor care for the concussion will come out of your pocket.

It’s important to wait on accepting a settlement until the full effects of the accident are known. A personal injury attorney understands how injuries can grow and what the proper compensation should be.

All Damages Aren’t Considered

In addition to medical expenses, there is also likely property damage. Sometimes replacing the car isn’t a viable option, and yet when a client is hasty, they may accept an insurance settlement that doesn’t allow them to repair or replace their vehicle. It is important to take into consideration all damages, including long term effects of the loss such as in lost wages, pain and suffering.

Getting a free consultation from a personal injury accident lawyer as soon as you, or in some cases, on behalf of your loved one, as soon as possible. Their advice can save you from losing even more by giving up your rights to the compensation the law allows to restore you, as best as possible to the condition you were in prior to the accident.

Simon Law Group would like to earn your trust as a local personal injury accident lawyer. Serving the Greater Phoenix area for more than 20 years, we are here to support you in getting the money you need to take care of yourself (and/or loved ones) after an accident with injuries. Call today for your free consultation, and remember, Experience Matters!

If you or someone you love has been involved in a car accident, it is possible that their life is changed by a traumatic brain injury (TBI). What are the signs, symptoms, causes and cures for TBI? With over 20 years in personal injury law, Simon Law Group understands the impact of Traumatic Brain Injuries and the accidents that can cause them. Here’s what you need to know.What Causes a Traumatic Brain Injury?

A brain injury is any damage, traumatic or non-traumatic, caused to the brain that affects someone emotionally, behaviorally, and/or physically. Brain injuries are classified as non-traumatic or traumatic depending on the cause. A non-traumatic brain injury may be caused by illness or a tumor perhaps, but a traumatic brain injury is caused by an accident.

The top three causes of TBI are motor vehicle accidents, slips and falls, and gunshot wounds. Other causes include violent attacks and bomb blasts. Many active duty military experience TBI caused from gunshot wounds received on the battlefields and shrapnel from bomb blasts.

There are three types of TBI:

• Closed Head Injury– Most common when a TBI is caused by falls or car accidents.
• Open Head Injury– Most common in gunshot victims and active duty military
• Deceleration Injuries– Most common when the head is slammed around in an unnatural way causing the brain to bounce around in the skull.

What are the Signs and Symptoms of TBI?

TBI is actually a common injury that is overlooked often when medical teams are working to save an individual’s life. They may be focused on more noticeable injuries and not be aware that there is a traumatic brain injury present. This is most common with closed head TBI’s. Sometimes symptoms may not appear for days or even longer.

If the TBI is mild, an MRI or CAT scan could appear normal, but the victim will have cognitive issues, and/or changes in mood or emotional state. These “mild” TBI’s are often overlooked for long periods of time, very often never being properly diagnosed.

A severe TBI is when an individual loses consciousness for at least 30 minutes. Both short and long term effects will be witnessed and varied, but can include: impaired cognitive functions to completely comatose states; physical disabilities such as limited function in their extremities or abnormal speech; loss of memory; mood swings; emotional problems.

An open head TBI is when there is actual penetration of the skull. This type of traumatic brain injury is most often associated with gunshot wounds. Injuries caused by firearms are very often fatal, with 9 out of 10 victims of these types of wounds dying from their injuries.

How Do You Cure Traumatic Brain Injury?

Although the effects of TBI vary greatly, traumatic brain injury is always devastating to the person injured as well as their family. In a single moment a person’s life is forever changed. Our brain is what defines us, so unlike a broken arm or pierced lung, it does not limit a specific part of the body, but instead one’s entire being.

A broken bone can be healed, generally one will regain normal use of the damaged body part… the mental abilities remain. A brain that has experienced a traumatic injury usually does not regain normal function ever again.

Even in “mild” cases of TBI, a person is forever changed and the effects on them and their loved ones are far from mild. In more severe cases, the range and degree of function and recovery is as varied as the individual. There is no cure for TBI, so one must do their best to prevent the occurrence of a traumatic brain injury, and be sure to plan a recovery plan that will span a lifetime.

If you or a loved one has been involved in an accident and were injured, you may be awarded compensation for your loss to cover medical expenses, living expenses, pain and suffering and more. Contact Simon Law Group for a free consultation if you are an Arizona resident who has been injured as is suffering with a Traumatic Brain Injury due to an accident. Remember, Experience Matters!

Wet algae builds up on a sidewalk over time because of a leaky water system, and a client leaving the property slips and falls, spraining an ankle.

A client falls down the stairs because there is stair damage the property owners where aware of and failed to mark or fix.

A customer at a grocery store slips while getting produce after an employee neglected to replace non-slip mats.

A customer slips on a clear spill that was reported but not cleaned up that blocked an exit to a building.

A construction site fails to block off a trench area overnight.

Proving a Slip and Fall Case

Typically, a jury will provide a verdict in a slip and fall case after considering whether or not the business or person who caused the accident was aware of the dangerous situation, did nothing to correct the situation, or actually went as far as to create the hazard. The jury will also look at evidence as to whether the injured person was, or should have been, aware of the potential risk.

Your lawyer can help you determine the strength of your case so that you can get the compensation you need to cover your medical expenses from the accident, income from time lost from work, pain and suffering, property damage as a result of the slip/trip and potentially other damages.

Don’t let embarrassment keep you from talking to a lawyer. You won’t know if you have a case unless you call, so please put your mind at ease and give us a call today for a free consultation. Serving the Greater Phoenix for over 20 years, Simon Law Group would like to earn your trust as a local personal injury attorney. Remember, when it comes to slip and fall cases, Experience Matters.

When your medical bills begin to come in, you may be tempted to accept an insurance company settlement in order to get them paid, but don’t make this mistake. Instead, contact an experienced personal injury attorney to determine if you have a case, or if the settlement being offered really is fair and sufficient.

A fair settlement will cover current and future medical bills. Talk to an experienced lawyer who knows how to calculate future medical expenses.

They Waive Their Rights

When you accept the insurance company’s settlement, you waive your right for future compensation. For example, you may go to the chiropractor for several visits for whiplash, but months later you begin to feel the effects of a concussion. If you have already taken a settlement, the doctor care for the concussion will come out of your pocket.

It’s important to wait on accepting a settlement until the full effects of the accident are known. A personal injury attorney understands how injuries can grow and what the proper compensation should be.

All Damages Aren’t Considered

In addition to medical expenses, there is also likely property damage. Sometimes replacing the car isn’t a viable option, and yet when a client is hasty, they may accept an insurance settlement that doesn’t allow them to repair or replace their vehicle. It is important to take into consideration all damages, including long term effects of the loss such as in lost wages, pain and suffering.

Getting a free consultation from a personal injury accident lawyer as soon as you, or in some cases, on behalf of your loved one, as soon as possible. Their advice can save you from losing even more by giving up your rights to the compensation the law allows to restore you, as best as possible to the condition you were in prior to the accident.

Simon Law Group would like to earn your trust as a local personal injury accident lawyer. Serving the Greater Phoenix area for more than 20 years, we are here to support you in getting the money you need to take care of yourself (and/or loved ones) after an accident with injuries. Call today for your free consultation, and remember, Experience Matters!

Here are some things to know as you decide if you have a case for premises liability.

1. Two Basic Liability Rules.

     When determining who is responsible for an accident, there are two foundational rules.

     Rule One: The Owner Must Keep the Property Safe

     The owner owes visitors a safe setting, confirming secure design, construction, condition, and maintenance      of the property.

     Rule Two: The Visitor Must Use the Property Responsibly

Visitors must act normally when using the property. Any unexpected, unauthorized, or dangerously careless behavior exempts the owner from being held responsible for any injuries.

2. Both the Owner and the Occupier Could Be Liable.

Depending on the accident and what parts of the property were involved, either the owner or the occupier could be held responsible for your injury.

• Commercial Property: Property leases usually include details regarding who is liable for such incidents. Notify the business and their insurance will handle the claim or decide to pass it to the building owner’s insurance company.

• Rented Home: The owner is responsible for immovable fixtures and surrounding hallways, stairs, and entrances. The tenant is responsible for movable things inside the apartment.

To be safe, file a notice of claim against both the owner and the occupier.

3. Establish Negligence to Establish Liability

Perhaps the most challenging aspect of a premises liability case is the fact that simply confirming responsibility does not lead to to liability. You, as the claimant, must establish that the business or residence was negligent regarding maintenance, design, or construction of the property, that they knew or should have known about the condition and yet failed to act. You must be able to show that:

• The cause of the accident was a known issue
• The problem could have been avoided with reasonable action from the landowner
• You could not have anticipated the issue and prevented the accident

4. Validating Your Presence

Different states determine a landowner’s duty of care depending on the status of the visitor. According to Arizona:

• Invitee: Visitors with express permission to be on the property are owed the highest duty of care, and businesses are required to warn them of dangerous conditions, and repair known issues.
• Licensee: Social guests or salespeople are some of the people who visit a property for non-commercial reasons, and are owed warning of hazards and reasonable repair of dangerous situations.
• Trespassers: Generally, property owners are not held liable for injuries occurring to people who were on the property without permission.

5. Complex Cases Need Aggressive Representation.

Because of the complexity of cases involving premises liability, it is crucial that you work with a lawyer who can effectively tackle each aspect, and pay close attention to many different factors. Your attorney should be experienced, knowing what to look for, what to focus on, and how to give each facet of the case with the right level of attention.

Seek expert help as you explore your premises liability options, and let the skilled offices of Simon Law Group assist you in building a strong case for premises liability that will deliver the justice you deserve.