Can You Be Compensated for Emotional Trauma After a Dog Attack?
Anyone who has suffered an injury or an attack can agree with this simple premise: Wounds are never just skin deep.
When you’ve been attacked by a dog, bodily wounds can be severe. Your injuries can land you in the emergency room, force you to spend weeks or months in recovery, and can impair your physical abilities forever.
What isn’t spoken about as frequently is the emotional trauma individuals can struggle with for the rest of their lives after sustaining injuries from a dog attack. Thankfully, the state of California’s legal system recognizes that emotional distress is an element at play in many personal injury cases. Below, we explain how victims of dog attacks in California can begin to seek compensation for the full range of trauma they’ve endured — not just the physical scars.
Understanding Emotional Trauma After a Dog Bite
It is very common for victims to suffer psychological harm from their dog attack injury, such as post-traumatic stress disorder (PTSD), anxiety, depression, fear of dogs (cynophobia), mood changes and sleep disturbances. These emotional injuries can be just as debilitating as physical ones — affecting work, relationships and daily life. In the context of a personal injury case, emotional distress is an element that can be proven with evidence—including medical testimony, patient records and psychological evaluation, personal testimony from the victim and their loved ones, and so on.
Legal Basis for Emotional Distress Claims in California
California takes a strict liability approach to dog attack cases (California Civil Code § 3342). This means that even if an attacking dog does not have a history of aggression, and even if a dog owner is not negligent, a dog owner is still liable for their dog’s actions in an attack.
The bottom line: Dog owners are responsible for the injuries their dogs cause.
What does it mean for a dog owner to be liable? The victim(s) of their dog’s attacks can be compensated for their injuries in the form of money damages. Victims may be entitled to both economic and non-economic damages, including compensation for emotional distress.
There are generally two main types of emotional distress claims:
1. Negligent Infliction of Emotional Distress (NIED) – This type of emotional distress claim is most common in dog-bite cases, as dog owners typically don’t act with intention.
2. Intentional Infliction of Emotional Distress (IIED) – This type of emotional distress claim is rare; however, it may be available in extreme circumstances.
Either type of emotional distress claim can lead to significant compensation for victims.
What You Need To Prove for an Emotional Distress Claim
When proving a claim for emotional distress after a dog attack, you’ll need to work with an experienced attorney to build a case showing that the emotional trauma you’ve experienced is directly linked to the dog bite incident. For example, if you’ve been unable to go for walks in your neighborhood out of fear, you have suffered from compensable emotional distress.
The best way to build your case is through evidence and the strength of your story. As soon as possible, start compiling anything you have that could be used as evidence in your case, including any documentation of the severity of your suffering and the impact it has on your life.
Here are a few of the most common types of evidence in these cases:
- Mental health evaluations and diagnoses
- Therapy or counseling records
- Prescription medications for psychological conditions
- Personal and witness testimonies about changes in behavior and lifestyle
Statute of Limitations on Dog Bite Cases in California
In California, victims generally have two years from the date of the dog bite to file a claim. As with anything, there may be exceptions to this rule, and you should reach out to an experienced dog bite attorney to see what might apply to your unique circumstances. For example, if symptoms of your emotional distress aren’t apparent until after the statute of limitations has passed, you may be entitled to an extension. Minors may also have extended deadlines to file their claims.
As discussed above, individuals who suffer emotional trauma after dog attacks may be entitled to both economic and non-economic damages.
Examples of non-economic damages may include money to compensate a victim for their:
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship or intimacy
- Scarring or disfigurement (if linked to emotional trauma)
It is important to note the severity and duration of emotional symptoms can influence the amount of compensation that can be awarded. In certain types of personal injury cases, including those where gross negligence is involved, punitive damages can apply. Punitive damages are those awarded to a victim when a judge or court wishes to send a strong message to the responsible party: Don’t let this happen again.
Importance of Legal Representation
After your injury, it’s important to reach out to qualified counsel right away to assist you in gathering medical and psychological evidence, handling negotiations with insurance companies, advocating for fair and full compensation, and, if necessary, representing you with skill in court.
Emotional distress claims can be even more complex and subjective than physical injury claims. It takes an experienced dog bite attorney to handle both. Dunnion Law has been representing those injured by dog bite attacks for 50 years, achieving record-breaking results including the highest dog attack settlement in California. Contact us today for a free consultation.