Switching Dog Bite Lawyers in California

You can change lawyers on a dog bite claim

In California, a client may discharge a lawyer at any time, with or without cause. That is the rule from Fracasse v. Brent. A contingency lawyer you let go can only claim the reasonable value of the work done, and only if you recover.

Dog bite claims should be among the clearer injury claims in California. When one has been open for a year with no demand sent, or the insurer is treating it like a disputed case, a second opinion makes sense. Our California switching guide covers the steps.

California’s dog bite statute

Civil Code § 3342 makes the owner of any dog liable for damages suffered by a person bitten by the dog in a public place, or while lawfully in a private place, including the owner’s own property. It applies regardless of the dog’s past behavior or what the owner knew about it. You are lawfully on the property if you were invited, expressly or by implication, or were there doing a duty under state law or federal postal rules. Mail carriers fall in that group.

There are limits. The statute covers bites. If a dog knocked you down without biting, the claim rests on other theories, such as the owner’s negligence or knowledge of the dog’s tendencies. Police and military dogs are covered by a separate exception in the statute for certain law enforcement work. A new lawyer has to check which of these applies to you.

Records that a new lawyer should get right away

• The animal control or health department bite report, including any quarantine notice. California’s rabies rules allow a local health officer to isolate a biting dog for observation, usually for 10 days.
• The dog’s vaccination record and license.
• Prior complaints, citations or dangerous dog proceedings about the same dog.
• The owner’s homeowner’s or renter’s insurance company and policy number. Many dog bite claims are paid from those policies.
• If the owner rents, the landlord’s name, since some claims involve what a landlord knew.
• Doorbell or security camera video from the street, which is often recorded over quickly.
• Names of neighbors and witnesses.

Scarring and treatment proof

The value of many dog bite cases comes from scarring and the emotional effects of the attack, especially for children. Photos taken soon after the bite, during healing and months later show what an insurer cannot see in a medical bill. A new lawyer should check whether you have seen a plastic surgeon and whether a future scar revision has been estimated. Counseling records for fear of dogs or nightmares belong in the file too.

Bites to the face and hands deserve extra attention. Nerve damage, loss of grip strength and visible scars can affect work and daily life for years. A demand that lists only the emergency room bill leaves most of that out. The new lawyer should ask your treating doctors to describe what is permanent before a number goes to the insurer.

If your first lawyer sent a demand before you finished treatment, the number may have been set too low. Before anything is accepted, the file should be complete.

Deadlines and fault

Most dog bite lawsuits must be filed within two years under Code of Civil Procedure § 335.1. If a public agency’s dog or property played a part, a government claim may be due within six months under Government Code § 911.2. Owners sometimes argue the victim provoked the dog. Under California’s comparative fault rule from Li v. Yellow Cab Co., any share of fault assigned to you lowers the award by that percentage. It does not wipe it out.

Fees when you switch to Beverly Law

Your fee is the same after the switch. The first lawyer’s fair claim for their time is paid out of our fee, never stacked onto what you pay. Costs that firm advanced are normally repaid from the recovery, like costs in any case. If there is no recovery, you owe us no fees or costs.

We cannot help if the settlement release was already signed and the money paid out. In California, that release generally ends the claim.

How the transfer works

Once you hire us, we tell your former lawyer and the insurer in writing, ask for the entire file, and request the animal control records directly. If a case is filed, we file the substitution. Your old firm sends its fee claim to us. Free reviews in English or Spanish, 24/7, at (310) 552-6959 or through our contact page.

Sources

1. Fracasse v. Brent (1972) 6 Cal.3d 784 (scocal.stanford.edu)
2. Cal. Civ. Code § 3342
3. Cal. Code Regs., tit. 17, § 2606 (Cornell LII)
4. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (scocal.stanford.edu)
5. Cal. Code Civ. Proc. § 335.1
6. Cal. Gov. Code § 911.2
7. Cal. Code Civ. Proc. § 284
8. Cal. Civ. Code § 1541