Fairmont Dog Bite Attorneys With Trial Experience

Get medical care as soon as you can. Even a small bite can lead to infection, nerve pain, scarring, or limited movement if the wound is deeper than it appears.

Report the bite when appropriate, especially if the dog was loose, the owner is unknown, or there is concern about rabies. Keep the owner’s name, address, insurance details, and any messages they send. Take photos of the injury on the first day and during healing, not just after treatment starts.

Avoid accepting a quick insurance offer before you know the full extent of the damage. Scarring, follow-up care, missed work, and emotional distress can change the value of the claim.

Many dog bite claims are handled through the dog owner’s homeowners or renters insurance. That coverage may apply even when the owner is a neighbor, friend, relative, tenant, or someone you know personally.

The insurance company may review where the bite happened, whether the dog was loose or restrained, whether the dog had a known history, and whether the policy covers the incident. It may also be argued that the bite was provoked or that the injury is worth less than the medical records show.

Before accepting an offer, it is worth confirming what coverage exists and whether the amount reflects the full injury, including scarring, infection risk, lost income, and future care.

We handle the full range of dog bite scenarios Marion County families face, from clear-cut at-large cases to complex one-bite analyses:

• At-large dog bites under WV §19-20-13 are subject to strict liability.
• Restrained-dog bites under the WV common-law one-bite rule.
• Pediatric facial injuries requiring reconstructive surgery.
• Bites from a postal worker, delivery driver, and meter reader.
• Landlord-tenant cases where the landlord’s knowledge supports separate liability.
• Multiple-dog attacks and pack incidents.

Some claims resolve in months through homeowner’s insurance. Others require litigation. Our first job on any of them is locking in the animal control report and prior-bite evidence.

These cases are not medical malpractice claims, so the MPLA cap on non-economic damages usually does not apply.

A dog bite claim may include:

• Medical bills, including wound care, antibiotics, and future treatment
• Reconstructive surgery or scar revision
• Scarring and disfigurement
• Pain, suffering, and emotional distress
• Lost wages during recovery
• Treatment for trauma, fear of dogs, or PTSD
• Wrongful death damages in fatal dog attack cases

Comparative faults can still affect recovery. If a jury awards $200,000 but finds the injured person 20% responsible, the recovery is reduced to $160,000. If the injured person is found 51% or more responsible, West Virginia law bars recovery.

The dog owner’s insurer may also raise provocation as a defense, but that defense is not as broad as insurers often suggest. If poor emergency care worsened the injury, a separate medical malpractice claim may apply.