Getting bitten by a dog can be frightening and overwhelming, not to mention the physical pain and potential medical expenses that come with it. If this has happened to you or someone close to you in South Carolina, you might be wondering what the statute of limitations is for dog bite claims. The legal window for pursuing a dog bite claim does not stay open forever.
South Carolina has a three-year deadline for filing a dog bite claim, known as the statute of limitations. Missing these deadlines could mean losing your chance to hold the dog’s owner accountable. A North Charleston dog bite lawyer can walk you through the statute of limitations for dog bite claims and explain what to expect.
The Limitations for Dog Bite Claims
The maximum period for dog bite claims in South Carolina is generally three years per the Code of Laws title 47, chapter 3. This means you have three years from the date of the incident to file a lawsuit so it is important to know what you should do if a dog bites you so you can move forward promptly. This timeframe helps ensure that cases are addressed promptly and the evidence remains intact, reducing the risk of lost documents or unavailability of witnesses.
One notable exception to this timeline involves claims made on behalf of a minor. If the child is under 18, the statute of limitations for dog bite claims may be paused until the child turns 18. This extension provides families additional time to assess any long-term effects of the injury before moving forward with legal action.
Certain cases may involve complications like infections or lasting disabilities, which can affect when the injury is fully realized. In such instances, the time limit for legal action may be influenced by the time at which the injury’s full impact becomes apparent. Although this situation is rare, it is worth discussing with an attorney if complications arise.
What Happens After the Bite Is Reported
When a dog bite is reported, several steps are followed to ensure public safety and address liability concerns. First, the incident should be reported to local authorities or animal control. This helps document the bite and assess whether the dog has a history of aggressive behavior. Depending on the severity of the attack, the dog may be quarantined to check for rabies or other health risks.
From a legal perspective, filing a report is a crucial first step in building your case. It provides an official record of the incident and can serve as evidence in court. After the report is filed, you should seek medical attention. Even if the bite seems minor, prompt medical care ensures that any underlying infections or injuries are properly treated.
Once your medical needs are addressed, consider reaching out to a dog bite attorney in South Carolina who handles dog bite claims. They can help gather further evidence, speak with witnesses, and start the legal process on your behalf. This can ease the burden on you while allowing you to focus on recovery.
Exceptions to Liability for Dog Bites
South Carolina enforces a strict liability policy for dog bite incidents. This means that if a dog bites someone, the owner is usually held responsible, regardless of the dog’s prior behavior. However, there are exceptions where the owner may not be liable. One common exception is if the victim was trespassing at the time of the bite. If you were not lawfully on the property when bitten, the owner may have a defense against your claim.
Another exception could arise if the victim provoked the dog. Provocation might include teasing, hitting, or otherwise aggravating the dog. If it can be proven that the victim’s actions led to the bite, the owner’s liability may be reduced or dismissed entirely.
There’s also the possibility that someone other than the dog’s owner is liable. For example, if a dog is under the care of a pet sitter or in the custody of a friend when the bite occurs, that person may be held responsible instead of the owner.
Potential Forms of Compensation
Victims of dog bites in South Carolina may be eligible for multiple forms of compensation. These funds can help cover the financial burden of the incident, ensuring that you are not left covering expenses for someone else’s negligence. The primary categories of compensation often include:
- Medical expenses: This includes hospital visits, surgeries, medications, and any ongoing treatments related to the injury.
- Lost wages: If the bite causes you to miss work, you may be able to recover the income lost during your recovery.
- Pain and suffering: This addresses the emotional and psychological toll of being attacked, which can be especially significant after a dog bite.
To ensure you receive full compensation, make sure to meet the statute of limitations for your dog bite claim. Consulting with a dog bite lawyer in South Carolina can help you assess which types of compensation are relevant to your situation. Under special circumstances, future medical care costs may also be considered if the injury has long-term implications.
Average Dog Bite Settlement
When discussing potential settlements for dog bite claims, it is important to know that there is not just one set number in mind or any guarantee. Each case is different, and many factors influence the final settlement amount. These can include the severity of the injuries, the costs of medical treatment, and whether or not the victim missed work or experienced long-term disabilities as a result.
That said, settlements are typically designed to cover all associated expenses, from hospital bills to lost wages and emotional distress. A fair settlement will be ideal to cover any losses. However, always remember that a settlement offer is just that—an offer.
A lawyer can help negotiate on your behalf and help determine how long it usually takes to resolve a South Carolina dog bite claim. This can ensure that any settlement offer adequately compensates you for the impact the injury has had on your life. They can also help determine whether taking the case to trial might result in a better outcome.
Contact Shelly Leeke Law Firm for Help With Your Dog Bite Claim
Contact our South Carolina dog bite attorney today for a free consultation to discuss your case. We will assess the details of your situation and help you meet the statute of limitations for your dog bite claim.
We are here to fight for your rights and hold negligent dog owners accountable.
