Proving negligence when an off-leash dog bites you is all about the evidence you can gather. That evidence should include medical documentation, police reports, and witness statements.
According to the NYC Health Department, there were 3,814 reported dog bites in NYC in 2024 alone. While there have not been any rabid dogs in NYC in decades, danger remains for untrained animals not kept on their leash and unknowing civilians.
Here’s what to do after an unleashed dog bites you and why you need a dog bite accident lawyer.
Why Evidence Matters in Dog Bite Cases
Dog bite injury claims often depend on proving that the dog owner acted negligently or violated local regulations. In many jurisdictions, leash law violations can serve as strong evidence that the owner failed to exercise reasonable care.
The more evidence you have can help demonstrate:
- The dog was not well-restrained
- The owner violated local laws
- The attack caused your injuries
- The injuries resulted in financial and personal losses
Finding the right lawyer can help you navigate the legal process effectively.
Seek Medical Treatment Immediately
Your priority should be your health and safety. Even if a wound appears minor, dog bites can cause infections, tissue damage, and other complications.
Medical records also serve as one of the strongest forms of personal injury evidence. They provide:
- Professional documentation of injuries
- Treatment timelines
- Diagnostic findings
- Surgical recommendations
- Long-term prognosis
Keep copies of everything related to your injury. If the injury causes permanent impairment, these records will help establish the lasting consequences of the attack.
Photograph Everything
Photos work great as evidence in dog bite claims.
Take pictures of:
- Bite wounds after the attack
- Bruising and swelling
- Bloodstains
- The location of your attack
- Nearby warning signs or lack thereof
- Photo of the dog and its owner if in a public space
Report the Incident to Authorities
Many victims fail to report dog attacks for various reasons, such as believing the injury to be minor. However, filing an official report creates an objective record of the incident.
Police report importance lies in the information you provide. Include the date and location of the attack. They also include statements from involved parties and witnesses.
You can later request the report or have your lawyer obtain the records.
Gather Witness Statements
Gathering witness statements can help strengthen your case. When possible, collect names, phone numbers, and email addresses.
Focus on gathering statements from people who saw the dog running loose or the attack itself.
Preserve Evidence From the Scene
Physical evidence may help prove what happened. Good examples include:
- Torn clothing
- Damaged shoes
- Blood-stained items
- Personal belongings damaged by the dog
Obtain Information About the Dog
If possible, gather as much information about the dog as you can. This includes details like:
- The owner’s name
- Their home address
- Vaccination records
Animal control agencies may have records of previous complaints involving the same dog. They may have information regarding a history of aggression, which could strengthen your claim.
Document Lost Income and Financial Losses
Permanent injuries often affect a victim’s ability to work. Keep records of any missed workdays, reduced work hours, or lost business opportunities.
If the injury limits future earning capacity, vocational experts and medical specialists can provide evaluations that help quantify these losses.
Keep a Personal Injury Journal
A personal journal can help document losses that may not appear in medical records. It’s also important because the legal process can take months to conclude.
Record details, such as:
- Daily pain levels
- Sleep disruptions
- Emotional distress
- Missed activities
- Physical limitations
- Recovery milestones
Permanent injuries often affect every aspect of a person’s life. A journal helps to contextualize the injury’s impact over time.
What Are the Four Things a Plaintiff Must Prove?
In most personal injury cases, a plaintiff must establish four key elements. These are:
- Duty of care
- Breach of duty
- Causation
- Damages
Duty of care is the defendant’s legal duty to act reasonably, such as leashing their dog in public spaces. Breach of duty refers to failure to uphold the law.
What Is the Average Lawsuit Settlement for a Dog Bite?
There is no universal average settlement, as every case involves unique circumstances. Factors that influence your settlement include:
- Severity of injuries
- Need for surgery
- Permanent scarring
- Emotional trauma
- Lost wages
- Future medical expenses
Frequently Asked Questions
How Soon Should I Start Documenting Evidence After a Dog Attack?
As soon as you can. Evidence is often strongest in the hours and days following the incident.
Photographs, witness recollections, and scene conditions can change quickly. Prompt documentation helps protect your claim and preserve important evidence.
Can Social Media Posts Help Support My Claim?
Potentially. Photos, videos, or posts made by witnesses may provide valuable information.
However, victims should restrain themselves when it comes to making posts on their own profiles. Insurers may attempt to use those posts against them.
What If the Dog Owner Admits Fault Verbally?
A verbal admission can help, but it should not replace formal documentation. The defendant can always change their statement later, and a verbal admission made in private may not hold up in court.
Write down exactly what they said, note the date and time, and inform your attorney about the statement.
Should I Save Communication With Insurance Companies?
Yes. Keep copies of emails, letters, and claim forms from phone conversations. These records can help establish timelines and prevent misunderstandings during the claims process.
Get in Touch With a Dog Bite Accident Lawyer
A dog attack resulting from a leash law violation is a serious matter that may require extensive medical help. It’s important to pursue legal action in the wake of such an attack to make up for lost wages, emotional trauma, and to hold the owner responsible. A dog bite accident lawyer can guide you through every step of that process.
Aminov Law Group, P.C., focuses on both real estate and personal injury law in New York. We serve all five boroughs of New York City and a wide array of clients. Reach out to let us know about your situation and schedule a free consultation.