Maybe you were dropping off a package on Midland Parkway when a dog came around the side of the house. Maybe you were visiting a friend and their dog, usually kept in the yard, got loose. Either way, you’re hurt, and you may be wondering what actually happens if you call a lawyer. Will it be complicated? Will it cost money you don’t have? Will you end up in a courtroom?
This page answers those questions by walking you through a case from the first phone call to the end. Every case is different, but the path usually follows the same general stages. Knowing them ahead of time can take a lot of the worry out of the process. By the end, you should have a clear sense of what it’s like to work with a dog bite lawyer in Jamaica Estates, and what you’ll be asked to do along the way. (Short answer: less than you might expect.)
Stage 1: You Call Us, and We Mostly Listen
When you reach our office at 718.775.3110, the first conversation is free. You’ll tell us what happened in your own words: where the bite occurred, what the dog did, what you’ve been going through since. We’ll ask some follow-up questions. You can ask us anything, too.
We speak English, Russian and Spanish, so you can use whichever language feels easiest. And if you’re still in the hospital or it’s painful to travel, we’ll come to you at home or bedside, or set up a video call.
There’s no pressure at this stage. If we think you have a case, we’ll explain why. If we don’t, we’ll tell you that as well.
Stage 2: You Hire Us Without Paying Anything Upfront
If you decide to work with us, you’ll sign a contingency fee agreement. In plain words, you don’t pay us unless we win. Our fee comes out of the recovery at the end. That means you can focus on healing instead of worrying about legal bills.
From this point, you can send the insurance adjuster’s calls to us. If the adjuster wants a recorded statement, you don’t have to give one. We’ll handle communication so nothing you say casually gets twisted later.
Stage 3: We Look Into What the Owner Knew
This is the heart of most New York dog bite cases. Under the Court of Appeals decision in Collier v. Zambito (2004), you generally need to show the owner knew or should have known that the dog had “vicious propensities.” We look for the signs: earlier bites, growling or lunging at people, a “Beware of Dog” sign on the gate, a dog kept chained, muzzled or penned, and complaints from neighbors.
Jamaica Estates is known for large single-family homes with yards. Dogs there are often kept to guard the property, and the people who approach the door (delivery workers, contractors, guests) are the ones most at risk. A dog that throws itself at the fence every time someone walks by is exactly the kind of behavior that may help your case. We’ll gather photos of the property, talk to neighbors, and look for records.
If the dog had already been declared dangerous, Agriculture & Markets Law § 123 makes the owner strictly liable for the medical costs of its attacks.
Stage 4: We Identify Everyone Who May Be Responsible
Often the homeowner is the only party. But sometimes others share the blame. If the dog lived in a rental home, a landlord who knew about the dog’s behavior and had the power to remove it may be liable. A business that keeps a guard dog on its property can be responsible too. If you were bitten while working, say on a delivery route or a home repair job, you generally get workers’ compensation through your employer and may also have a separate claim against the dog owner.
A Quick Look at Where We Are
You’ll find us at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. The map below lays out the route from Jamaica Estates, if you’d like to stop by in person.
Stage 5: You Heal, and We Track Every Cost
Your job during this stretch is to get better. Go to your appointments. Take the medications. Keep photographing the wound as it heals. Our job is to keep a careful record of what the injury is costing you, including:
- emergency care, stitches, antibiotics and rabies shots
- surgery, physical therapy and counseling
- future treatment like plastic surgery or scar revision
- wages lost while you were out of work
- pain and suffering, plus disfigurement if scars remain
We usually don’t push to settle before you know how your recovery is going. A scar that looks minor at two weeks may look very different at six months.
Stage 6: We Negotiate With the Insurance Company
Most dog bite claims in Jamaica Estates are paid by the owner’s homeowners insurance, not by the owner personally. That’s often a relief to people who know the family involved. Once we have the full picture of your injuries, we present the claim to the insurer and negotiate.
The insurer may argue you were partly to blame. Perhaps you opened the gate, or reached toward the dog. New York uses pure comparative fault, so even if some fault is assigned to you, your compensation is reduced by that share rather than eliminated. Our article on shared fault in New York explains it further.
We’ll bring every offer to you. You decide whether to accept.
Stage 7: If Needed, We File a Lawsuit
Most cases settle. If the insurer won’t offer a fair amount, we can file suit. In general, a lawsuit must be filed within three years of the bite under CPLR § 214. For a child, that time is usually paused until the child turns 18 under CPLR § 208. We keep track of these dates so you don’t have to.
Filing a lawsuit doesn’t necessarily mean a trial. Many cases still settle along the way. If yours does go to trial, we prepare you for every step.
What You Can Do Right Now
While you decide whether to call, a few simple steps protect your options. Get medical care. Find out the owner’s name and whether the dog is vaccinated for rabies. Report the bite to NYC Health within 24 hours through the city’s animal bite form. Photograph your injuries, your torn clothing and the property. Save names and numbers of any witnesses.
Ready When You Are
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers. If you’d like a Jamaica Estates dog bite lawyer to look at what happened, pick up the phone and call 718.775.3110, or fill out our short contact form and we’ll get back to you. You’re also welcome to browse our dog bite practice page, our Queens accident lawyer overview, or our article about our Rosedale dog bite practice and our New York dog bite law guide.
Many of our clients come from the neighborhoods around you. If a friend or relative was hurt nearby, they can learn about a dog bite lawyer in Holliswood, a dog bite lawyer in Jamaica Hills, or a dog bite lawyer in Hollis Hills on our site.
Attorney Advertising. We’ve written this page to give you general information about how a dog bite case can proceed; it is not legal advice, and results depend on the facts of each case.