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Dog Bite Lawyers

If you have been bitten or attacked by a dog and have suffered injury, you may be eligible to make a claim for compensation against the owner of the dog.

The owner of the animal is strictly responsible for any damage the dog has caused in accordance with the Companion Animal Act NSW 1998.

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A dog attack claim can be made against the owner personally for compensation. Most dog owners would also be covered by insurance in the form of a home and contents insurance policy, which contains public liability cover.

Who will pay my dog bite compensation if I take legal action?

This insurance policy will usually cover the owner of the dog for the damage their dog has caused. If the owner does not have insurance they will be personally liable for the payment of your compensation.

The dog owner has two defences as to why they are not responsible for the damage caused by their dog:

  • If the attack occurred on privately held property and the person attacked was unlawfully on the property or;
  • The attack was wholly induced by the intentional provocation of the dog by the person who was subsequently attacked.

Otherwise, the owner of the dog will be found responsible for the injury caused by the dog.

What can I claim after a dog bite injury?

If you are successful in making a claim against a dog owner, you may be eligible to receive compensation for:

  • Pain and suffering
  • Medical treatment
  • Damage to clothing and property
  • Loss of income both past and future
  • Care and assistance are required due to an injury

As dog attack claims are complex and depend on the facts and circumstances of your case, you should seek legal advice from an accredited specialist in personal injury law prior to commencing a claim.

Can I Make A Claim If The Dog’s Owner Can’t Be Found, Or If They’re Uninsured?

Section 25 of the Companion Animals Act 1998 (NSW) provides that the owner of the dog is liable in damages with respect to bodily injury to a person caused by the dog, this includes damage to clothing.

The owner of the dog is always responsible for the dog in a strict manner, meaning that regardless of whether the owner expected their dog to attack, they are liable anyway. A local council may also be liable if they failed to declare a dog which was known to them to be dangerous.

If the owner is uninsured, you are still able to make a claim. Instead of their insurer paying the compensation, they will be personally liable. If the owner cannot be found, unfortunately, you will not be able to claim compensation because there is no one to file a case against.

How much can I claim for my injuries following a dog bite injury?

As a rule, the more serious your injuries are, the greater compensation you will be able to claim. Typical types of compensation payable for claims include:

  • Loss of income for time off work both past and future
  • Payment for Medical expenses
  • Payment of a lump sum for Pain and Suffering

How long will a dog bite compensation claim take?

It is uncertain difficult to say exactly how long this type of claim will take. Time considerations can depend on several things, including:

  • Extent and severity of injuries
  • Cooperation from the opposing party
  • Circumstances of the case.
  • How long it will take your injuries to stabilise before assessment

Usually, dog bite claims resolve between 1 and 2 years after the injury.

Are there time limits when it comes to making a dog bite compensation claim?

Yes, there are strict time limits to commence a claim in Court for a dog bite.

The period is 3 years from the date of ‘discoverability’.

The  date of discoverability is the date from which the injured person knows that:

  • The fact that the injury or death concerned has occurred.
  • The fact that the injury or death was caused by the fault of the defendant
  • In the case of injury, the fact that the injury was sufficiently serious to justify the bringing of an action on the cause of action.

In most Dog Bite cases, the date of discoverability is usually the date the injury occurred and it’s best to make sure any claim is commenced within 3 years from the date of the injury.

How much will it cost me to make a dog bite claim with Garling&Co?

At Garling and Co we have a No Win No Fee guarantee.

A No Win No Fee guarantee means that if we do not win your case, you will not be required to pay us any legal costs.

If you are successful in your claim, then about 70% of the costs are paid by the Defendant and the remaining 30% is payable from any compensation you receive.

 

If you need assistance or are after more information about dog attacks, please do not hesitate to contact us as follows;

  1. Complete our FREE case assessment form HERE
  2. Email us at info@garlingandco.com.au
  3. Give us a call on (02) 8518 1120

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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You won’t be required to pay any fees until we win your case.

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Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
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