One of the most recognizable people you see in your Spokane neighborhood is the person that delivers your mail. Working for the United States Postal Service (USPS) as a delivery person certainly requires commitment, but it can also come with certain risks–none more serious than a dog attack.
Since 1948, CCD Law has been helping dog bite injury victims throughout Spokane navigate the recovery process, providing exceptional legal guidance and support. If you’re a USPS driver that’s suffered a dog bite and want to learn more about your options, contact us for a free consultation.
How Does Being a USPS Delivery Driver Affect Your Legal Rights After a Dog Bite in Spokane?
The short answer here is that being a USPS delivery driver has no affect on your legal rights after a dog bite or attack in Spokane. Our legal rights in such a situation are generally determined by Washington state law. While every incident is unique, here is a brief overview of your options:
- Strict liability – In Washington state, there is a strict liability law in place for dog bites. This means that the owner of the dog is held liable for the actions of their dog, regardless of whether they had any prior knowledge of the dog’s likelihood to bite.
- Legal rights – Under the law, you have the legal right to file an injury claim against the dog’s owner. In these claims you can pursue “damages”, which refer to your losses for things such as medical expenses, lost wages, pain, and suffering, and other damages.
- Worker’s compensation – As a USPS delivery driver, you may also be eligible for worker’s compensation benefits if the dog bite occurs while you were delivering a package or the mail.
Evidence
Even with strict liability in place, the relative strength of your claim is going to rest on the evidence and the extent of your damages. In a typical dog bite case, important pieces of evidence will include things like:
- Photographs and videos – Visual evidence of the dog bite and the scene can be crucial. This includes images of the wound, the dog, and the location where the incident occurred.
- Medical records – Documentation of your injuries, medical treatment, and expenses are essential. This includes hospital records, doctor’s notes, and bills.
- Witness statements – Statements from anyone who witnessed the dog attack can provide valuable testimony.
- Owner’s information – Identifying the dog’s owner is crucial for legal action. This is rather straightforward if you’re bitten as a USPS driver, as you likely have their contact details and proof of ownership on hand.
- Animal control reports – Reports filed with local animal control or law enforcement agencies can help establish a record of the incident.
- Veterinary records – If the dog had a history of aggressive behavior or prior incidents, these records can be important.
- Dog’s history – Reports of the dog’s history, including any aggressive behavior, can be relevant.
- Statements – Your own account of the incident and its impact on your life is also significant.
- Insurance information – If the dog owner has insurance, their policy information can be important for potential compensation.
Obviously, gathering all of this evidence and then presenting it can be overwhelming, particularly if your injuries are serious and require extensive medical care. It’s here that our team can assist you. We’ll make sure to gather all of this important evidence, then help you through the claims process.
Claims Process After a Spokane Dog Bite
The easiest way to understand the claims process after a Spokane dog bite is that there are two main avenues to take: an insurance claim against the dog’s owner and then, potentially, a personal injury lawsuit.
Washington’s strict liability law answers what’s typically the starting point of any claim: figuring out who is legally responsible. Since the dog’s owner is responsible for covering your damages, you’ll be filing your claim against them–particularly their insurance carrier.
Filing an Insurance Claim
In most dog bite scenarios, involving an insurance company is unavoidable. After submitting the injury claim for review, the company will then begin their process. They may accept the claim as-is, accept it with a counteroffer, or reject it. Generally speaking, the insurance claim process will involve the carrier–through a representative known as an adjuster–to do the following:
- Conducting investigations into the bite incident
- Collecting necessary documentation such as photos, videos, etc., and obtaining witness statements
- Assessing the coverage of the claimed loss under the insurance policy
- Verifying the legitimacy of claims to prevent fraud
- Communicating with your doctors or employers to obtain more information
- Consulting legal counsel as necessary regarding claims
- Engaging in negotiations to reach settlements
- Approving payments for authorized claims
Even though strict liability makes a rejection of the claim highly unlikely, the insurance company ultimately decides the value of the claim–which is what they base their settlement offer off of. Since their ultimate goal is to save money, the offer may not cover all your damages. When that happens, you can then proceed to filing a lawsuit.
Filing a Lawsuit
Sometimes, reaching an acceptable settlement with the insurance company doesn’t happen. At that point, your next course of action may involve filing a lawsuit against the dog’s owner. This involves presenting the case in a court of law, where a judge or jury will carefully consider the arguments and evidence before delivering a verdict. Before that happens, though, the legal process has to play out. In a typical dog bite case, this could involve:
- Filing a Complaint in civil court
- Engaging in discovery, swapping evidence and documents with the opposing counsel
- Sitting for and taking depositions
- Filing motions
- Negotiating for a settlement prior to trial in mediation
- Going to trial and presenting your case before a judge and jury
Damages
When filing a dog bite claim, the objective is to secure compensation for the substantial injuries you suffered, which typically involves medical treatment and significant emotional distress. These damages are designed to support you for losses that happened because of the dog bite. Some common damages that can be sought in a personal dog bite claim include:
- Medical expenses
- Lost income or earning potential
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Scarring or disfigurement
- Punitive damages, if the dog’s owner was excessively negligent
Again, the above process is your legal right as an injury victim in Spokane. As a USPS delivery driver, it’s probable that the incident will have at least a short-term impact on your career, if not a significant long-term impact on your health and continued employment. However, the way the process plays could be influenced by the actions you took in the immediate aftermath of the incident.
What to Do After Being Bitten While Delivering Mail in Spokane
As a USPS delivery person, you likely have extensive training for how to handle dogs and other pets that you encounter on your daily route. With that said, experiencing a real-world incident can be quite different from training. Still, there are certain things you’ll need to do after being bitten by a dog to protect your health, safety, and legal options:
- First, ensure that you are in a safe location, away from the animal that bit you.
- Examine the wound for its severity. If it’s a minor scratch or superficial bite, wash it gently with soap and water. For more serious wounds, control bleeding if necessary.
- Regardless of the severity of the bite, it’s essential to seek medical attention. Animal bites can lead to infections, including rabies, so seeing a healthcare professional is crucial.
- If the animal that bit you is a stray or appears to be someone’s pet, report the incident to the local animal control or to the dog’s owner. This is important for public safety and may help prevent future incidents.
- Take pictures of the wound and any information about the animal or its owner. This documentation can be useful later if needed.
- Follow the treatment plan recommended by your doctor, which may include wound care, antibiotics, and tetanus shots.
- Notify your supervisor about the incident, especially if it happened while you were delivering mail. They may have specific procedures and forms for on-the-job injuries.
- To prevent future incidents, be cautious when approaching unfamiliar animals while on the job. Carry some form of protection like a horn or whistle to deter aggressive dogs.
Being bitten by a dog is an unfortunate situation, even if you’re a USPS delivery driver and encounter these animals daily. But you don’t have to face this situation alone. Our experienced Spokane dog bite lawyers can help you.
Work With Experienced Spokane Dog Bite Lawyers
No matter what the situation is, dog bites are undeniably challenging. This is especially true if you’re a USPS delivery driver. Coping with the aftermath of such incidents can be an ordeal, involving both physical injuries and legal complexities.
At CCD Law, we have the expertise and commitment to support you through these trying times. Our team of Spokane dog bite lawyers will be there to help you navigate the legal process and get the compensation you deserve. Contact us today to set up a free consultation.
