How long do I have to file a dog bite claim?
The statute of limitations for personal injury claims in Florida, including dog bite cases, is generally two years from the date of the bite under Florida Statutes Section 95.11. For bites involving children, additional time limitations and guardianship considerations may apply.
Are dog bite injuries covered by health insurance?
Your health insurance may cover your medical treatment, but you may also pursue a personal injury claim against the dog owner to recover the full cost of treatment, plus pain and suffering, scarring, psychological treatment, lost wages, and other damages that health insurance does not reimburse.
Who pays for dog bite injuries?
In most cases, the dog owner’s homeowners’ or renters’ insurance policy covers dog bite claims. If the owner has no insurance, you may pursue a claim against the owner’s personal assets. Landlords and businesses may also bear liability in certain circumstances.
What if the dog owner says I provoked the animal?
Provocation is a defense under Florida’s comparative negligence system, but the legal standard for provocation is high. Everyday interactions like walking past a dog, reaching toward a dog, or being near a dog’s food do not generally constitute provocation. The burden of proving provocation falls on the dog owner, and an experienced attorney can rebut […]
Does the dog need a history of biting for me to recover compensation?
No. Florida is a strict liability state for dog bites. The dog owner is liable for injuries caused by their dog regardless of whether the animal has ever bitten anyone before or ever shown any aggressive behavior. You do not need to prove the owner knew the dog was dangerous.
Are medical malpractice cases expensive to pursue?
These cases require substantial financial investment in medical experts, record review, depositions, and litigation. The Rubin Firm handles all medical malpractice cases on a contingency fee basis and advances every cost. You pay no attorney fees and incur no expenses unless we recover compensation on your behalf.
Can I sue a hospital in addition to the individual doctor?
Yes. Hospitals can be held liable for the negligence of their employed physicians and staff, for systemic failures like chronic understaffing or inadequate safety protocols, and for negligently credentialing or privileging physicians who lack the competence to perform the procedures they were allowed to perform.
How long do I have to file a medical malpractice claim?
The general statute of limitations is two years from when the patient knew or should have known about the injury. A statute of repose caps claims at four years from the date of the malpractice, with exceptions for fraud, concealment, and injuries to minors. Because the pre-suit process can take several months, contacting an attorney […]
What is the pre-suit investigation requirement?
Florida law requires the plaintiff’s attorney to investigate the claim, retain a medical expert who provides a verified written opinion that malpractice occurred, and serve a formal notice of intent on the defendant before any lawsuit can be filed. The defendant then has 90 days to respond. This process is mandatory and adds significant time […]
What qualifies as medical malpractice in Florida?
Medical malpractice occurs when a healthcare provider’s treatment falls below the accepted standard of care and that deviation directly causes injury to the patient. The standard is defined by what a reasonably competent provider in the same specialty would have done under similar circumstances. Expert medical testimony is required to establish both the standard and […]
