
Severely Injured by a Dog Bite?
While many of us adore our family pets, and enjoy living in a dog-friendly city, dog bites still occur. A dog attack is often swift and scary, and is especially traumatic if a child is involved. If you or your loved one have been bitten by a dog, our dog bite injury lawyers are ready to work for you to get you the compensation you deserve.
Five Steps to Take if You are Bitten by a Dog:
- Get the name and phone number of the dog's owner.
- Perform first-aid and get professional medical attention immediately.
- Call the police and animal control to report the injury.
- Get the owner's homeowner's or renter's insurance information and proof of vaccinations.
- Photograph the injury and the setting where the bite occurred.
You May Be Entitled To:
If you have been injured by a dog bite, you may be entitled to compensation for:
- Coverage of medical bills
- Future medical bills
- Wage loss or loss of future earning capacity
- Pain and suffering
- Scarring
How We Can Help
We are trusted Minnesota dog bite attorneys with 40+ years of combined legal experience and a proven track record of getting you the compensation you deserve for your dog bite injury. Our dog bite attorneys work with a level of personal investment that most firms cannot match. Here are 5 reasons to speak to us if you've been injured by a dog bite in Minnesota:
- We listen – Our personal attention uncovers key details others miss.
- We are tough – We doggedly pursue the best result and aren't afraid to take on the big guys.
- We are experienced and trusted – We have 40+ years of combined legal experience defending dog bite victims.
- We use a team approach – We collaborate to strategize a winning solution.
- We are accessible – Your attorney is always easy to reach.
Frequently Asked Questions

What should I do immediately following an animal attack?
1. Identify, and if possible, isolate the dog/animal. If the animal has ID tags, record the information on the tags.
2. Get the name and contact information for the animal's owner, and any witnesses.
3. Note the location where the attack occurred.
4. Try to determine if the animal has been vaccinated against rabies and other diseases in order to evaluate your risks.
5. Evaluate and clean the wound.
6. If the bite is deep or will not stop bleeding, go immediately to the emergency room for treatment. Seek medical treatment immediately.
7. Following treatment, call Animal Control and the police (911) in the city where you live to report the event.
8. Photograph all injuries, torn or bloody clothing, or other possible evidence.
9. Do not sign anything, offer any apologies, or provide information to insurance companies, adjusters, witnesses or the animal's owner until you have talked to an attorney.

Can I get immediate coverage for the cost of my medical treatment, missed work, and other expenses?
Unlike with no-fault coverage in an automobile crash, there is rarely money available right away to help with expenses. Sometimes there is a medical payment provision available to provide some coverage of expenses upfront through the animal owner's homeowner's or renter's insurance policy.
To obtain full compensation a claim needs to be filed with the animal owner's homeowner's insurance policy or rental insurance policy. These claims can take months, sometimes years, to fully resolve. Therefore, you will likely need to use your own health insurance coverage to treat your injuries.

Who will compensate me for my damages?
Since dogs and other animals are considered property, you will look to the animal owner for compensation. You may be able to bring either or both of the following types of claims for compensation:
STRICT LIABILITY CLAIM: Under Minn. Stat. § 347.22, dog owners are liable for the injuries caused by their dog. This is a strict liability statute, which means that the dog owner is always liable unless the victim provoked the dog, or the victim was somewhere they should not lawfully be.
NEGLIGENCE CLAIM: For dogs and other types of animals, there is also a negligence claim against the owner. An owner who fails to exercise reasonable care in controlling their animal is negligent, and liable for injuries the animal causes. For some cases, punitive damages are also available.
If you are successful, the owner, or the owner's homeowner's or rental insurance, will provide payment for your damages.

Will I be compensated for the damage to or loss of my own animal?
If the attack occurred while you were walking your own dog, for example, and your dog was severely or critically injured, you may be able to obtain compensation for your animal's injuries. Since animals or pets are considered property, you would seek compensation through the attacking animal owner's homeowner's or rental insurance, to compensate you for the damage to your animal.

What will happen to the dog or animal that attacked me?
The local animal control authorities will make this determination. The animal may be taken in for observation or testing. If there is no proof of rabies vaccination provided by the animal owners, the animal may need to be euthanized and autopsied to determine if it was rabid. If the animal has attacked before, it is very possible that it will be deemed a dangerous dog, which may result in a requirement that the animal always be muzzled, or it may be euthanized.

What are the steps that are followed in order to bring a lawsuit?
How does a lawsuit work?
In our society, there will always be disagreements, disputes, and injuries that are often the fault of someone else. We are able to bring our issues before judges and juries to be settled by our equals. There are many complex legal principles that can give individuals the ability to get fair compensation for their injuries.
What has to be done to start a lawsuit?
In order to start a civil lawsuit, the plaintiff will hire an attorney to file the lawsuit. The lawyer must investigate the claim and determine whether it will be a legitimate claim. The lawyer will write a summons and the complaint which will list all the facts and the law that defendant is alleged to have violated. This is served on the defendant who then has 20 days to answer the complaint. At any time after serving the defendant with the summons and complaint, the case can be filed with the court and a judge will set up a scheduling order giving deadlines within which all the discovery (investigation by each party) will be completed and a trial date.
What does the word Discovery mean in a lawsuit?
The plaintiff's lawyer will write up questions called interrogatories asking for specific information that relates to the allegations written about in the complaint and requests for production of documents asking for specific writings that are in the possession of the defendant and any existing pre-recorded statements. After receiving the answers to all of the above, if satisfied with the answers, the lawyers will then set up depositions for the parties and witnesses. A deposition is a recorded interview under oath. Each lawyer will ask questions of the witness who is attending and the testimony is taken down by a court reporter.
What is Mediation and when is it used?
Once the discovery is complete and all the facts of the case are known, the judge will require that the parties mediate their case with a mediator. Approximately 85% of cases settle with a mediator. A mediator is a person trained in the skill of trying to resolve the complicated legal issues between the parties to avoid the expense and stress of trial. If the process of mediation does not settle the case, then we prepare for trial.
How does a Trial work?
If the case is not resolved through the mediation process, the case will go to trial and the lawyer must prove her client's case by the "preponderance of the evidence." This standard requires a burden of more than half, or 50% +1. The burden of proof in civil matters is much lower than in criminal matters, where the burden of proof is "beyond a reasonable doubt." After the jury is chosen, both the Plaintiff and the Defendant's attorney gives the opening statement. Next, the Plaintiff puts on her/his case by calling witnesses who testify for the Plaintiff. Such witnesses would include a doctor, a family member, friends, eye witness to the accident and the Plaintiff. After the Plaintiff's case is concluded, the Defendant presents her/his case with similar type witnesses. At the end of the trial, the attorneys make their closing arguments. At this point, the jury is told to meet and deliberate and come up with a decision as to who wins. This decision is known as the verdict.
For more information about the principles that are the foundation upon which our trial system is built, please see these additional F&Qs found on the Lord + Heinlein website.
1. The Role of the Plaintiff's Civil Trial Lawyer
2. Common Law vs. Statutory Law
3. How Criminal Laws Differ From Civil Laws

How has tort reform affected the amount of money a plaintiff wins from a jury verdict?
How has Tort Reform affected trials in Minnesota?
The purpose of Tort Reform is a way to lower the amount of money a Plaintiff can take home after a trial. Minnesota Tort Reform laws are a model for the country and can significantly negatively impact the amount of compensation awarded by a jury to an injured party. The following are different laws passed in the spirit of tort reform:
1. Loser Pays All – Minn. Stat. 549.01
Provides the right to recover costs as a "prevailing party (winner)." "The prevailing party (plaintiff or defendant) shall be allowed reasonable disbursements paid or incurred."
2. Rule 68 Offer of Judgment – Minnesota Rules of Civil Procedure 68
Defendants can make a formal written Offer of Judgment or Settlement to the Plaintiff, pursuant to Civil Procedure Rule 68 in order to settle the case. The Plaintiff can refuse the Offer Of Judgment and choose to go to trial. However, if she/he wins at trial but the jury award, after the deductions for comparative fault and the other collateral sources results in an amount less than the Offer of Judgment/Settlement Offer made to the Plaintiff, the Plaintiff will collect nothing and in fact will be forced to pay to the Defendant all the Defendant's costs/expenses for the case.
3. Collateral Source Deductions – Minn. Stat.548.251
Money paid by health insurance to cover the medical care of an injured person and/or wage loss payments from disability insurance of an injured person must be deducted from the jury award.
4. Minnesota Health Insurance Deduction – Minn. Stat. 62A.095, Subd. 2
A special Minnesota law allows the Plaintiff to not re-pay health insurance benefits that have been paid for their medical if the individual has not been "fully compensated" by the verdict. The issue of being "fully compensated" is another argument the attorney must make with the insurance company on behalf of their client.
4. Comparative Fault – Minn. Stat. 604.01
If a jury determines the plaintiff' had some fault in a car accident, for instance 15%, that percentage must be deducted from the jury award. Thus, if the jury awards the plaintiff $100,000, the judge would have to deduct 15% from the $100,000 which equals $85,000 as the gross verdict. If the plaintiff's fault is 51% or more, the plaintiff loses.

How are Criminal Trials different than Civil Trials?
Criminal Laws are created by the legislature to prevent and deter citizens from committing criminal acts. The legislature has passed several laws to punish citizens who commit crimes or injure others while driving recklessly or while intoxicated. The following demonstrates the steps covered in criminal law enforcement:
1. A person commits an act that falls within the criminal laws such as driving while intoxicated and injures another person.
2. Law enforcement (police officer) apprehends the criminal.
3. The alleged criminal hires an attorney or a public defender to defend his/her rights.
4. The Prosecutor (County Attorney) must prove the alleged criminal's guilt to a jury "Beyond A Reasonable Doubt" standard.
5. A jury decides guilt or innocence "Beyond a reasonable doubt."
6. A judge manages the trial and if the defendant is found guilty, sentences the criminal to jail/prison and maybe sets a fine.
7. The Department of Corrections (Prison Administration) carries out the punishment by incarcerating the individual in a prison or jail for the length of the term.
Civil Laws are also created by the legislature in order to protect the property rights (which includes bodily injury) of its citizens. For instance, a person who was injured by a drunk driver can sue that drunk in a civil case and under some circumstances can also sue the bar that illegally served that drunk driver.
1. A victim (plaintiff) can hire a trial attorney to sue the person (defendant) who caused their harm or the death of a loved one . The Plaintiff's attorney must prove up the case to the jury "by a preponderance of the evidence." That means the jury must find the defendant 51% or more at fault.
2. The defendant hires an attorney to defend him/her. If the defendant has insurance, the insurance company will hire an attorney to represent him/her.
3. A judge or a jury will hear the civil case and will decide by a "preponderance of the evidence" if the defendant was at fault, and if so, how much money the defendant will be required to pay to the victim.
4. Money Damages Only. In a civil case money damages are the only penalty. Jail and prison are NOT an option in a civil case.
Burden of Proof: Criminal vs. Civil
CRIMINAL-In a criminal case, the state's attorney must prove the defendant is guilty beyond a reasonable doubt. If after hearing all the evidence of the case, the jury is not convinced beyond a reasonable doubt that the defendant has committed the crime he/she is accused of, they cannot convict. This is a much higher burden of proof standard than is needed in a civil case because the rights, freedom, life and reputation of the defendant are at stake.
CIVIL-On the other hand, in a civil case, the plaintiff's attorney must prove up the case against the defendant by a preponderance of the evidence. If the evidence shown to the jury proves that the defendant is 51% or more negligent (imagine a scale of justice with the tipping of the scale by the weight of a feather), the jury must find against the defendant.

Can you explain the difference between the burden of proof needed at criminal trials vs civil trials?
The evidence that is needed in a criminal trial is much greater than what is required in a civil trial.
CRIMINAL-In a criminal case, the state's attorney must prove the defendant is guilty beyond a reasonable doubt. If after hearing all the evidence of the case, the jury is not convinced beyond a reasonable doubt that the defendant has committed the crime he/she is accused of, they cannot convict. This is a much higher burden of proof standard than is needed in a civil case because the rights, freedom, life and reputation of the defendant are at stake.
CIVIL-On the other hand, in a civil case, the plaintiff's attorney must prove up the case against the defendant by a preponderance of the evidence. If the evidence shown to the jury proves that the defendant is 51% or more negligent (imagine a scale of justice with the tipping of the scale by the weight of a feather), the jury must find against the defendant.

What is the difference between "Common Law" and "Statutory Law"?
Common Law is law made by Judges; Statutory Law is made by Legislatures.
Common Law:
For hundreds of years dating back to the early Justice system of England, the courts have developed what has been called the "Common Law." Early in England's history, judges had to decide a legal case according to what they felt most people (the common person) would think was the correct decision. To find out what most persons thought was the right decision, the judges followed the customs of the community and the common beliefs of the people.
In deciding a particular case, the judge would look to previously decided cases with the similar issues and facts. The earlier decision was given precedent or priority and closely followed by the second judge in making a decision on the case at issue. When a large number of judges decided the same kind of case or question of law in the same way, the decision became the "common law." It could only be changed when the customs and beliefs of the community changed.
Lawyers learned common law by reading written decisions in which judges gave reasons for their decisions. By reading many decisions of the same kind, a lawyer could see how a law developed and how to apply that law to the facts of the case presented to the judge.
Statutory Law:
Statutory law is made by the Government both federal and state. In developing state laws, most state legislatures meet every year to consider passing new laws that are considered for new and emerging problems. In the current justice system, not only are Judges often asked to apply "Common Law" to a case but they are also asked to interpret "Statutory Law" and to apply it to a variety of fact situations. Many of the laws that are passed are then used as a basis for bringing a lawsuit and it is at that time that the Judge is asked to interpret the meaning of the statute to the facts of the particular case.

Why do we need plaintiff's lawyers?
Some Law Makers Want To Pass Laws Restricting Justice
Although we are living in a time of great prosperity and freedoms, American society is also experiencing a trend where juries seem to be more conservative in awarding jury verdicts to injured persons. Some political leaders are proposing the passage of laws in our Congress and State Legislatures attempting to limit the ability of the injured persons to seek compensation for the wrongs they have experienced as a result of the negligence of another and to limit the time in which to bring a claim.
Protection Is Leaning Towards the Big Companies and Drug Makers
Much of this effort has been made to protect big pharmaceutical companies from liability for promoting a drug that has not been adequately tested. Some are protecting big insurance companies who keep trying to cast doubt on the role of trials and justice in order to protect their incredible profits.
Jury Verdicts
In Minnesota, large jury verdicts are very rare. In fact, of the cases that were tried in Hennepin and Ramsey Counties in 2008, 100% of Medical Malpractice jury verdicts found in favor of the defendants. In 2008, personal injury trials were won by only 57% of the plaintiffs.
Justice Requires Skill and Hard Work by All Lawyers
Justice is won through the hard work of the attorneys on both sides. According to the ethical rules required by the Rules of Professional Responsibility, lawyers are called upon to preserve the justice system and "as an advocate, a lawyer zealously asserts the client's position under the rules of the adversary system." As a result of this requirement, many lawyers are misjudged for vigorously defending their client, as though the lawyer were unethical in the mere representation of the client rather than carrying out an ethical duty.
Skill of the Trial Lawyer
The trial lawyer's role becomes important in preserving justice. The role requires incredible effort and skill. The lawyer must present her/his client's case to a judge or a jury with the skill that only experience can bring. First of all, she/he must work hard to gather all the facts of the case.
She/he must understand the technical aspects of the case and all the legal issues that will be presented to a jury. For instance, in a personal injury case, the lawyer must understand the physical/medical mechanics of the injury and be familiar with and understand all of the client's medical records. She/he must be able to explain to the jury the mechanics of the crash.
Gathering Evidence Requires a Financial Commitment
The lawyer must commit her/his financial resources by paying for the costs of presenting the case to a jury which can cost several thousand dollars. It is her/his responsibility to pay the costs of bringing the experts to testify at the trial such as the treating doctor who will explain the extent of the injuries, an accident reconstructionist who will explain how the crash occurred, an engineer who will describe the mechanical forces that caused the injury to the plaintiff, and a toxicologist who will explain how the behavior of the drunk driver was affected by the level of alcohol as measured immediately after the crash. The costs are re-paid to the lawyer if the case is successfully resolved.
Communication with the Jury
The lawyer must understand the psychology of the jury pool and be able to skillfully inquire of and perceive the prejudices held by jurors so that she/he can eliminate those jurors who would not be able to put away their prejudices against her/his client when deciding the case.
The lawyer must also be able to speak to a jury in such a way as to hold their attention and present the evidence and the law to the jury so that they may see clearly the merits of her client's case. She/he must be able to argue with passion to the jury proving her/his case to the jury "by a preponderance of the evidence" (civil case) or "beyond a reasonable doubt" (criminal).
Trial Lawyer's Efforts Have Benefited Us All By Producing Safer Products and Services Through Their Trial Efforts
Generally speaking, plaintiff's lawyers have been in the lead in producing product safety. Most of the advancements in the safety of consumer products have come about not because of government regulation but because of the efforts of lawyers to make it more economical for big companies to make safe products. The FDA is supposed to be America's protector against poorly designed medical devices and tainted pharmaceutical drugs.
The Food and Drug Administration Inadequately Supervises Products for Their Safety to the Consumer
Recently, Congress investigated the effectiveness of the FDA and were told by the agency's chief counsel, Peter Barton Hutt, that the agency was "barely hanging by its fingertips." The agency does not have enough money or enough skilled scientists to do its job. They do not have enough staff or adequate computer systems to conduct timely inspections of foreign plants that make drugs, medical devices and food products. This proves that just because they are the FDA, their approval of a drug or device may not have been adequately researched.
The egregious importer is China which has been a source of very dangerous goods in the last few years. Recently China produced a leukemia drug that was somehow contaminated with another cancer drug during production. When the product was injected into the patients' spinal area, it caused paralysis and other side effects. Congress has continually added new burdens to the agency but without providing enough money and personnel to carry out the tasks.
Plaintiff's Trial Lawyers Have Become the Protectors of Consumers from Bad Products
Manufactures are corporations and motivated by financial profit. They are not designed to have and do not have a conscience. They will take shortcuts and try to get their product to market as quickly as possible in order to limit their expenses without regard to the possible danger of the product and the human cost. Because the FDA, by its own admission, cannot protect the public from unsafe drugs, medical devices and food products the only way to hold these manufacturers accountable is by making it less profitable to make an unsafe product than it is to make a safe product. This has become the role of the trial lawyer.
Trial Lawyers Are Accomplishment in Protecting Consumer Safety
Consumer victories in the areas of hospital care, medical treatment, highway and automobile design, workplace safety, and safer products have come about because of the dedication of a plaintiff's lawyer who was willing to risk assets, energy and determination on behalf of the plaintiff to make America a safer place to live.
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