Victims of dog bites often face incredible loss. Not only do you have physical wounds to heal from, but you may also suffer significant emotional and mental health impacts from the incident. You may be owed compensation for the psychological trauma in your California dog bite case. Speak with an experienced San Diego dog bite lawyer today.
Non-Economic Damages for Dog Bites in California
Under California Civil Code § 3342, dog owners are strictly liable for the damage their dogs cause to other people. Victims need to prove the bite caused damage to recover damages.
Psychological trauma falls under non-economic damages. These are very real losses, but unlike economic damages, there are no receipts to show what you went through or what costs you paid for the experience. However, the law allows you to seek compensation for that trauma, including:
- Anxiety
- Post-traumatic stress disorder
- Depression
- Fear of dogs, called cynophobia
- Emotional distress
These losses are subjective, meaning your attorney will need to work closely with you to understand their value. You should not settle your dog bite case in situations where you have these losses.
How to Prove Psychological Distress from Dog Bites in California
You must prove that the dog bite was negligent to seek damages. To do that, you must show that the dog owner owed you a duty of care and that they failed in some way. This may be due to not leashing the dog or not ensuring the dog could not bite you. You then need to demonstrate that their lack of control over the dog caused you to suffer injuries.
To prove psychological damages, your dog bite lawyer will look at all factors surrounding your case to gain better insight into the way this bite is impacting you. This may include gathering evidence in several ways:
- Gather statements from your mental health professional who can testify that you suffered emotional trauma from the incident
- Provide expert testimony from another party that shows the impact of what you experienced
- Bring employers and family members to the forefront to demonstrate what changes you have as a result of the incident
- Use medical records to demonstrate that the initial injury occurred and its severity
- Document therapy you received, including notes from your therapist that demonstrate trauma or other impact
- Demonstrate that you have no previously known mental health disorder through statements from others
- Use your own testimony and statement to demonstrate the psychological impact the dog bite has on your well-being
- Offer evidence of what you are struggling with, such as holding your job, maintaining relationships, or managing your own pets, and link that back to the accident
In these situations, you can seek non-economic damages for your losses. The value of these damages is dependent on how well you can prove the impact the accident had on your mental health at the time of the accident and continues to have on your well-being. Your attorney will fight for maximum compensation under the law for these losses, and any evidence you can show of those losses can be essential.
Legal Guidance Is Critical
In these types of accidents, fighting for fair treatment is essential. The compensation available for psychological trauma from a California dog bite case can be substantial when your attorney can demonstrate what your losses are. Seek out a free consultation to learn what your rights are.