Dog bites can be incredibly traumatic and painful. Beyond the immediate shock and pain, a dog bite can lead to serious infections, long-term scarring, and emotional distress. If you or a loved one has been bitten by a dog in Texas, it’s essential to take the right steps to protect your health and your legal rights. One of the most crucial steps is thoroughly documenting the injury. This article will explain why documentation is so important and what types of evidence you should gather.
Why Documentation Matters
In Texas, dog bite cases often hinge on proving the dog owner’s negligence or, in some cases, “strict liability.” Texas follows a “one-bite rule.” This means that the dog’s owner might be held strictly liable if they were aware that their dog had tendencies to be aggressive. This could be because the dog had been involved in a dog bite incident in the past or had shown other signs of aggression. However, even if the one-bite rule doesn’t apply, you can still pursue a claim based on the owner’s negligence.
Proper documentation strengthens your case by providing clear, objective evidence of the incident and its consequences. This evidence can be used to:
- Establish Liability: Prove that the dog bite occurred and that the owner was responsible (either through negligence or because they knew the dog was dangerous).
- Demonstrate the Severity of Your Injuries: Show the extent of your physical and emotional damages.
- Support Your Claim for Compensation: Justify the amount of compensation you are seeking for medical bills, lost wages, pain and suffering, and other losses.
- Negotiate with Insurance Companies: Insurance companies are more likely to take your claim seriously if you have solid evidence.
What to Document After a Dog Bite
Here’s a breakdown of the key types of documentation you should gather:
1. Immediate Photographs:
As soon as possible after the bite, take clear, well-lit photographs of your injuries.
- Use multiple angles: Capture close-ups of the bite marks, puncture wounds, lacerations, and any bruising or swelling. Also, take wider shots to show the location of the injuries on your body.
- Photograph the surrounding area: Capture the scene where it happened.
- Photograph the dog: If it is safe and feasible, take a picture of the dog that bit you.
- Photograph any torn or bloody clothing: This can also help demonstrate the force of the bite.
- Continue taking photos: Take pictures throughout the healing process to document the progression of your injuries.
2. Medical Records:
You should see your doctor or visit the ER immediately after a dog bite, even if the wound doesn’t look bad. Dog bites carry a high risk of infection, and some injuries may be more serious than they initially appear.
- Keep all medical records: This includes emergency room records, doctor’s visit notes, records of any surgeries or procedures, physical therapy records, and prescriptions for medications.
- Document all medical expenses: Keep receipts for all medical bills, co-pays, and prescription costs.
- Obtain a doctor’s statement: Ask your doctor to provide a written statement describing your injuries, treatment, prognosis, and the likely long-term effects of the bite.
3. Witness Information:
If anyone witnessed the dog bite, get their names, addresses, and phone numbers. Their statements can be invaluable in corroborating your account of the incident. Ask witnesses to write down what they saw as soon as possible while their memories are fresh.
4. Report to Animal Control:
Report the dog bite to your local animal control agency. In Houston, you would contact the City of Houston Animal Control, for example. Reporting the bite creates an official record of the incident and helps protect others from potentially dangerous dogs. Animal control will likely investigate the incident and may quarantine the dog to observe it for signs of rabies. This is a legal requirement in Texas.
5. Gather Information About the Dog and Owner:
If possible, obtain the following information:
- Owner’s Name and Contact Information: Get the dog owner’s name, address, phone number, and email address.
- Dog’s Breed and Description: Note the dog’s breed, size, color, and any distinguishing features.
- Dog’s Vaccination Records: Ask the owner for proof that the dog has been vaccinated against rabies.
- Dog’s History: If you can safely do so, ask the owner if the dog has bitten anyone before or has a history of aggression.
6. Keep a Journal:
Maintain a detailed journal or diary to document your recovery process. Note the following:
- Pain Levels: Describe the level of pain you are experiencing each day.
- Emotional Distress: Record any anxiety, fear, nightmares, or other emotional difficulties you are experiencing as a result of the bite.
- Impact on Daily Life: Note how the injury affects your daily activities, such as work, hobbies, sleep, and social interactions.
- Missed Work: Keep track of any days you miss from work due to the injury and any lost wages.
7. Veterinary Records (If Possible):
While it might be difficult to obtain, if the dog has a vet, requesting copies of its vet records might be able to show whether the dog has shown signs of aggression or the owner has been previously warned about it being a risk.
Why This Matters in Texas
Texas law requires a dog that has bitten someone to be quarantined for at least 10 days to be observed for rabies. The Local Rabies Control Authority (LRCA) determines where the dog will be quarantined.
Texas also uses a comparative negligence system. This means that if you were partially at fault for the incident (for example, if you provoked the dog), the amount of compensation you receive could be reduced. Thorough documentation can help counter any claims that you were partially responsible.
Contact Us Today
If you’ve been injured in a dog bite accident in Texas, don’t hesitate to seek legal help. The team at Ed The Law Bull is here to protect your rights and help you get the compensation you deserve.
Visit our office at 6671 Southwest Freeway Suite 220, Houston, TX 77074.
Or call now for a free consultation at (713) 231-0194. We’re ready to fight for you.