One of the biggest myths about dog bite cases is that the owner’s insurance company is there to help you. The reality is their primary goal is to protect their bottom line, not to ensure you are fairly compensated for your injuries. They may offer a quick, low settlement before you even know the full extent of your medical needs, or they might try to twist your words to suggest you were somehow at fault. This is why you should never handle a claim on your own. Having a skilled professional in your corner levels the playing field. A dog bite lawyer Florida acts as your shield, handling all communications with the insurance company and protecting you from their tactics. We understand how to build a powerful case and negotiate for the maximum compensation you deserve for your medical bills, lost wages, and suffering.
Key Takeaways
- Florida Holds Dog Owners Accountable: The state’s “strict liability” rule means an owner is responsible for injuries their dog causes, regardless of the animal’s past behavior. This makes it easier for you to build a case for compensation.
- Protect Your Health and Your Claim Immediately: After a bite, seek medical care right away to prevent infection and create an official record. Then, document the incident with photos, witness information, and an animal control report to preserve crucial evidence.
- An Experienced Lawyer Levels the Playing Field: Insurance companies aim to pay as little as possible. A skilled attorney handles all communications, calculates the full value of your damages, and negotiates for a fair settlement so you can focus on healing.
Florida’s Dog Bite Laws: What You Need to Know
If you’ve been bitten by a dog, you’re likely dealing with physical pain, emotional stress, and a lot of questions. Understanding your rights is the first step toward getting the support you need. Florida’s laws are designed to protect victims, but they have specific rules and deadlines you need to be aware of. Knowing how the state handles these cases can make a huge difference in your ability to recover costs for your medical care and other damages. It’s not about punishing a pet; it’s about holding owners accountable for the harm their dog causes. The legal system can feel complicated, but Florida law is actually quite direct when it comes to dog bites. The state puts a significant amount of responsibility on the owner, which is good news for you as the injured person. However, insurance companies can make the process difficult, and there are exceptions and details that can affect your claim. This is why getting clear on the rules from the start is so important. We’ll cover the core concepts you need to know, from who is held responsible to how long you have to act. Let’s walk through the key legal principles that will affect your case so you can feel more prepared.
The Strict Liability Rule
Florida operates under a “strict liability” rule for dog bites. In simple terms, this means a dog owner is responsible for injuries their dog causes, even if they had no reason to believe the dog was dangerous. It doesn’t matter if the dog has never bitten anyone before or has always been a friendly family pet. If their dog bites you, the owner is generally liable. This is a critical protection for victims, as it removes the burden of having to prove the owner was negligent or knew their dog might be aggressive. This rule applies when you are on public property or lawfully on private property, like at a friend’s house or as a customer in a business.
A Dog Owner’s Responsibilities
In Florida, owning a dog comes with a clear legal duty to keep others safe. This responsibility isn’t just a friendly suggestion—it’s a legal obligation. Owners must take reasonable steps to control their animals and prevent them from harming people. This applies regardless of the dog’s breed, size, or temperament. Whether it’s a small terrier or a large retriever, the owner is accountable for its actions. If an owner fails to control their dog and you are injured as a result, you have the right to seek compensation for your personal injury. This ensures that the financial burden of a dog bite doesn’t fall on the person who was unfairly harmed.
Deadlines for Filing a Claim
It’s important to know that you have a limited time to take legal action after a dog bite. In Florida, the statute of limitations for most personal injury cases gives you a specific window to file a lawsuit. Acting quickly is key, not just to meet this deadline, but also to preserve crucial evidence. Over time, witness memories can fade, and important details can be lost. Insurance companies often try to delay or minimize claims, hoping you’ll accept a low offer or miss the deadline altogether. Speaking with an attorney early on helps protect your rights and ensures you can build the strongest case possible before time runs out.
First Steps to Take After a Dog Bite
A dog bite can be a shocking and painful experience. In the moments that follow, it’s easy to feel overwhelmed and unsure of what to do. Taking a few key steps right away can protect your health and your legal rights. Think of this as your immediate action plan to help you regain control of the situation.
Get Medical Attention
Your health is the top priority. Even if a bite seems minor, you should see a doctor immediately. Dog bites carry a high risk of infection, and deeper wounds might not be obvious at first glance. A medical professional can properly clean the wound, determine if you need stitches or a tetanus shot, and check for signs of rabies. Seeking prompt medical care not only prevents complications but also creates an official record of your injuries. This documentation is a critical piece of evidence if you decide to pursue a personal injury claim later on. Don’t wait—get your injuries checked out right away.
Document the Incident
While your memory is still fresh, gather as much information as you can. If there were any witnesses, get their names and phone numbers. Ask the dog’s owner for their contact information and details about the dog’s vaccination history. Use your phone to take clear photos of your injuries, the location where the bite happened, and even the dog, if it’s safe to do so. It’s also a good idea to save the clothes you were wearing in a sealed bag without washing them. This evidence can be incredibly valuable for building a strong case and proving what happened.
Report the Bite
Creating an official record of the incident is an important step. You should report the dog bite to your local animal control agency or police department. When you file a report, an officer will document the details of the attack, which can help establish the dog owner’s liability. This isn’t about getting the dog in trouble; it’s about public safety and creating a formal paper trail of the event. An official report serves as unbiased proof that the attack occurred and can be a key piece of evidence that strengthens your claim.
Speak with an Attorney
It’s common to feel hesitant about contacting a lawyer, especially if you know the dog’s owner. However, trying to handle a dog bite claim on your own is a mistake that can cost you. Insurance companies are focused on paying out as little as possible. An experienced attorney will protect your rights and fight for the full compensation you deserve. At Counsel Hound, we handle these conversations for you, so you can focus on healing. We offer a free consultation to discuss your case, and you won’t pay any fees unless we win. Contact us to learn how we can help.
How a Lawyer Can Strengthen Your Case
After a dog bite, you’re likely focused on your physical and emotional recovery. The thought of a legal battle can feel completely overwhelming. This is where a lawyer steps in—not just as a legal representative, but as your advocate. They handle the complex details of your case so you can concentrate on healing. From the moment you hire them, an experienced attorney begins building a strong foundation for your claim.
A skilled lawyer does more than just file paperwork. They conduct a thorough investigation, manage communications with insurance companies, and calculate the full extent of your damages to ensure you’re not short-changed. They understand the tactics insurers use to minimize payouts and know how to counter them effectively. Whether your case is settled through negotiation or proceeds to trial, having a dedicated personal injury professional in your corner significantly improves your chances of receiving the compensation you deserve. They level the playing field, giving you the support and expertise needed to stand up for your rights.
Investigating and Collecting Evidence
A successful dog bite claim is built on strong evidence, and gathering it quickly is key. Your lawyer will take the lead on this crucial step. They know exactly what to look for, from tracking down witnesses and getting their statements to obtaining the dog’s license information and any history of aggression. They will also help you document everything properly, including taking clear photos of your injuries as they heal and preserving the clothing you were wearing at the time of the incident. An attorney ensures that every piece of evidence is collected and preserved according to legal standards, creating a solid, undeniable record of what happened and the impact it has had on your life.
Handling Insurance Companies
Dealing with insurance companies can be one of the most frustrating parts of a dog bite claim. Their goal is often to pay out as little as possible, and they have teams of adjusters and lawyers working to protect their bottom line. Insurance representatives might try to get you to admit partial fault, downplay the severity of your injuries, or offer a quick, lowball settlement before you know the full extent of your damages. A lawyer acts as a vital buffer between you and the insurance company. They will handle all communications, field all questions, and protect you from these tactics, ensuring your words aren’t twisted or used against you.
Managing All Legal Paperwork
The amount of paperwork involved in a personal injury claim can be staggering. There are medical records to request, insurance forms to fill out, and legal documents with strict deadlines. Making a mistake on any of these forms or missing a deadline can seriously jeopardize your case. Getting a lawyer involved early helps you avoid these costly errors. They will manage all the documentation from start to finish, ensuring everything is accurate, complete, and filed on time. This attention to detail not only strengthens your claim but also frees you from the administrative burden, allowing you to focus entirely on your recovery.
Negotiating a Fair Settlement
Most dog bite cases are resolved through a negotiated settlement rather than a court trial. This is where your lawyer’s experience is invaluable. They will start by calculating the true value of your claim, which includes not just your current medical bills but also future treatment costs, lost income, and compensation for your pain and suffering. Armed with strong evidence, your attorney will present a compelling case to the insurance company and negotiate for a settlement that fairly covers all your losses. Because we work on a “no fees until we win” basis, our interests are directly aligned with yours: getting you the best possible outcome.
Preparing Your Case for Trial
While the goal is often to reach a fair settlement, it’s crucial to be prepared for trial. The willingness and ability to take a case to court is a powerful negotiating tool. Insurance companies are more likely to offer a fair settlement when they know your lawyer has a proven track record in the courtroom and won’t back down. From day one, your attorney will prepare your case as if it’s going to trial. This involves gathering evidence, consulting with experts, and building a powerful legal argument. This thorough preparation shows the other side you are serious and ready to fight for what you deserve.
What Compensation Can You Receive?
After a traumatic event like a dog bite, it’s natural to worry about the financial impact. The goal of a personal injury claim is to secure compensation that covers all of your losses—not just the obvious ones. This compensation, legally known as “damages,” is meant to help you recover financially and account for the physical and emotional toll the incident has taken. Understanding what you may be entitled to can help you feel more in control during a difficult time.
Medical Bills (Current and Future)
One of the most immediate financial burdens is medical care. You may be entitled to compensation for your medical bills, covering everything from the initial emergency room visit and ambulance ride to surgeries and prescription medications. It’s important to remember that this isn’t limited to past expenses. If your injury requires ongoing care, such as physical therapy, reconstructive surgery, or counseling for trauma, your settlement should account for these future costs as well. We work to ensure your compensation reflects the full scope of your medical needs, so you aren’t left with unexpected bills down the road.
Lost Income
A serious injury can easily disrupt your ability to work, leading to a loss of income when you need it most. You can seek compensation for lost wages for any time you were unable to work during your recovery. This includes salary, hourly wages, and even missed opportunities for commissions or bonuses. If your injuries are severe enough to permanently affect your ability to perform your job or require you to take a lower-paying position, you can also pursue damages for loss of future earning capacity. Your financial stability is a key part of your recovery, and we fight to protect it.
Pain and Suffering
Not all injuries are visible. The law recognizes that the physical and emotional distress following an attack deserves to be compensated. This is covered under damages for pain and suffering. This category is meant to address the physical pain of the injury itself, as well as the emotional trauma, which can include anxiety, fear, depression, or PTSD. A dog attack can have a lasting psychological impact, affecting your quality of life and ability to enjoy daily activities. While no amount of money can erase this experience, this compensation acknowledges the very real suffering you’ve endured.
Scarring and Disfigurement
Dog bites can often leave permanent scars, which serve as a constant reminder of the attack. If your injury results in scarring or disfigurement, you may be eligible for additional compensation. This addresses the emotional distress, embarrassment, and social anxiety that can come with visible scars, particularly on the face, hands, or arms. These damages can also help cover the cost of any cosmetic procedures you may choose to undergo to reduce the scar’s appearance. Your physical appearance is part of your identity, and any changes caused by someone else’s negligence should be taken seriously.
Damaged Property
While your physical well-being is the top priority, you can also be compensated for damaged property. This includes personal items that were torn, broken, or ruined during the dog attack, such as your clothing, smartphone, glasses, or bicycle. It’s also worth noting that the dog’s owner may not be the only responsible party. In some situations, a landlord, property manager, or kennel could share liability if their negligence contributed to the incident. We can help you identify all potential sources of recovery to ensure you are fully compensated for every aspect of your loss.
Factors That Influence Your Claim’s Outcome
When you’re recovering from a dog bite, it’s natural to wonder what your case might be worth. The truth is, no two claims are exactly alike. The outcome of your case depends on a unique combination of facts and legal principles. Think of it less like a fixed price tag and more like a puzzle where each piece contributes to the final picture. Key elements like the seriousness of your injuries, where the attack happened, and even your own actions can play a significant role.
Understanding these factors can help you set realistic expectations and see why having an experienced legal team is so important. An attorney’s job is to carefully examine each piece of your story, from medical records to witness statements, and build the strongest possible argument on your behalf. They know how to highlight the factors that strengthen your claim and address any that might weaken it. This process is about more than just adding up bills; it’s about telling a complete story of how the incident has impacted your life. The following elements are what we’ll look at to determine the best path forward for your claim.
The Severity of Your Injuries
The extent of your injuries is one of the most significant factors in your claim. A minor nip that requires a single doctor’s visit will result in a very different outcome than an attack causing deep cuts, nerve damage, or broken bones. We look at the full scope of the harm, which includes not just the immediate physical damage but also the long-term consequences. This includes scarring, infections, and the need for future surgeries or physical therapy. The emotional trauma, such as anxiety or PTSD resulting from the attack, is also a critical part of your personal injury claim. Documenting everything with medical records and photos is essential.
Where the Bite Occurred
The location of the incident matters. In Florida, dog owners are generally responsible for bites that happen in a public place, like a park or sidewalk. They are also liable if the bite occurs on their own property, as long as you were there legally. This means you were not trespassing at the time of the attack. For example, if you were invited over as a guest, delivering a package, or performing a service at the home, you are considered to be there lawfully. Where the bite happened helps establish the owner’s duty to control their animal and protect others from harm.
Your Role in the Incident
Florida law also considers whether your actions contributed to the incident. This is based on a legal concept called comparative negligence. If it’s determined that you did something to provoke the dog—like teasing it or ignoring clear warnings—your compensation could be reduced. The percentage of fault assigned to you will be deducted from your final settlement amount. For instance, if you were found to be 10% at fault, your total compensation would be reduced by 10%. It’s crucial to be completely honest with your attorney about the entire interaction so they can prepare for any arguments the other side might make.
The Owner’s Insurance Policy
In most dog bite cases, compensation doesn’t come directly from the owner’s pocket. Instead, it’s typically paid out by their homeowner’s or renter’s insurance policy. This is important because the policy limits can affect how much you can recover. If your damages exceed the owner’s coverage limit, it can be challenging to collect the full amount you deserve. An experienced lawyer will investigate all available insurance coverage early on to understand the financial resources available for your settlement. This helps shape the legal strategy from the very beginning.
The Dog’s History
You might think a dog needs a history of aggression for you to have a case, but that’s not true in Florida. The state follows a “strict liability” rule for dog bites. This means an owner is responsible for the bite even if their dog has never been aggressive or bitten anyone before. They don’t need to have prior knowledge that their dog was dangerous. While a dog’s history of violence isn’t required to prove your case, it can sometimes be used as additional evidence to show the owner was negligent in how they handled their animal.
The Quality of Your Evidence
A successful claim is built on strong evidence. It’s not enough to simply state what happened; you have to prove it. This is where a lawyer becomes invaluable. We gather everything from medical records and photos of your injuries to police reports and witness statements. It’s common to feel hesitant about taking legal action, especially if the dog’s owner is a neighbor or friend. But handling it alone is a mistake. Insurance companies are focused on paying as little as possible. We build a solid case and handle all communications to ensure you are treated fairly. If you have questions, you can contact us for a free consultation.
Common Myths About Dog Bite Claims
When you’re recovering from a dog bite, the last thing you need is bad advice. Unfortunately, there’s a lot of misinformation floating around about personal injury claims. Believing these myths can prevent you from getting the compensation you deserve for your medical bills, lost wages, and pain. It’s important to separate fact from fiction so you can make informed decisions about your next steps.
Understanding the truth about Florida’s dog bite laws is the first step toward protecting your rights. Many people assume the legal process is straightforward or that they can trust the dog owner’s insurance company to do the right thing. In reality, these cases can be complex, and insurance adjusters are trained to protect their company’s bottom line, not yours. Let’s clear up some of the most common misconceptions so you can approach your claim with clarity and confidence. Knowing the facts will help you build a stronger case and ensure you are treated fairly throughout the process.
Myth: The “One Bite Rule” Applies in Florida
Many people have heard of the “one bite rule,” which suggests a dog owner is only liable if they knew their dog was dangerous, for instance, if it had bitten someone before. This is not the case in Florida. The state follows a “strict liability” statute for dog bites. This means the owner is responsible for the damages their dog causes, even if the dog has never shown any aggression or bitten anyone in the past. The owner’s knowledge of the dog’s temperament doesn’t matter. If their dog bites you, they are generally held accountable for your personal injury.
Myth: The Insurance Company Is on Your Side
After a dog bite, you will likely deal with the owner’s homeowner’s insurance company. It’s easy to assume their representatives are there to help you, but their primary goal is to resolve the claim for the lowest possible amount. Insurance adjusters often try to get you to accept a quick, lowball settlement before you understand the full extent of your injuries and future medical needs. They are not your advocates. Their loyalty is to their employer, and they will work to minimize the payout you receive, regardless of what you are truly owed for your suffering.
Myth: You Don’t Need a Lawyer
It can be tempting to handle a dog bite claim on your own, especially if the insurance company seems cooperative at first. However, this is a significant mistake. An experienced attorney understands how to accurately calculate your total damages, including future medical care, lost income, and pain and suffering. They will gather crucial evidence, handle all communications with the insurance company, and negotiate aggressively on your behalf. If the insurer refuses to offer a fair settlement, your lawyer will be prepared to fight for you in court. You can contact us for a free consultation to discuss your case.
Myth: You’ll Get a Settlement Immediately
Recovering from a dog bite can be a long process, and so can the legal claim. There is no fixed timeline for how long a dog bite lawsuit takes to resolve. The duration depends on several factors, including the severity of your injuries, the complexity of the evidence, and how willing the insurance company is to negotiate a fair settlement. While some cases settle relatively quickly, others can take months or even longer, especially if a trial becomes necessary. It’s important to be patient and allow your legal team the time needed to secure the full compensation you deserve.
How to Choose the Right Dog Bite Lawyer
Finding the right legal partner after a traumatic event like a dog bite can feel overwhelming, but it’s one of the most important decisions you’ll make. You need someone who not only understands the law but also understands what you’re going through. The right lawyer will be your advocate, guide, and strategist. Think of your initial search as a series of interviews—you’re looking for the best candidate to handle your case and help you get the justice you deserve.
Look for Specific Experience
Not all personal injury lawyers have the same background. A dog bite attorney is a specialist who focuses on cases involving dog-related injuries. They are deeply familiar with the specific laws, statutes, and legal precedents that can make or break a case. An attorney with a proven history in this niche will know what evidence to gather, which arguments are most effective, and how to counter the insurance company’s tactics. When you’re vetting potential lawyers, ask them directly about their experience with dog bite claims. You want someone who has successfully handled cases like yours before, not someone who is learning the ropes at your expense.
Prioritize Clear Communication
You should feel comfortable with your attorney and confident in their ability to explain things clearly. Throughout your case, you’ll have questions and concerns, and you need a lawyer who is responsive and keeps you informed. During your initial consultation, pay attention to how they speak to you. Do they listen to your story? Do they answer your questions without using confusing legal jargon? A good lawyer will make sure you understand every step of the process. This partnership is built on trust, and that starts with open and honest communication.
Understand Their Fee Structure
Concerns about cost should never prevent you from seeking legal help. Most reputable dog bite lawyers work on a contingency fee basis. This means you don’t pay any attorney fees unless they win your case. The lawyer’s fee is a percentage of the final settlement or award. This arrangement ensures your legal team is motivated to secure the best possible outcome for you. At Counsel Hound, we operate on a “no fees until we win” promise. Be sure to ask for a clear explanation of the fee structure and any other potential costs, so there are no surprises down the road.
Ask About Their Track Record
An attorney’s past performance can be a strong indicator of their ability to handle your case effectively. Don’t be shy about asking about their track record with dog bite claims. While every case is unique, a history of securing favorable outcomes for clients demonstrates experience and skill. You can ask about similar cases they’ve handled and the results they achieved. A confident and experienced lawyer will be prepared to discuss their background. This information will help you gauge their competence and decide if they are the right fit to represent your personal injury claim.
Make the Most of Your Free Consultation
The free consultation is your opportunity to interview a potential lawyer and see if they’re the right fit. Come prepared with a list of questions about their experience, communication style, and strategy for your case. This is also their chance to learn about your situation and provide an initial assessment. Use this meeting to determine if you feel a sense of trust and rapport. At Counsel Hound, we offer a free, no-obligation consultation to help you understand your rights and legal options. It’s the first step toward getting the support you need, so don’t hesitate to contact us and schedule yours.
What to Expect: Your Case Timeline
The legal process can feel overwhelming, especially when you’re focused on recovering from an injury. Understanding the path ahead can make it feel much more manageable. While every dog bite case has its own unique details, most follow a similar timeline from your first call with an attorney to the final resolution. This step-by-step overview will give you a clear picture of what to expect as we work to get you the compensation you deserve. The journey starts with a simple conversation to discuss your situation and explore your options. From there, we handle the heavy lifting, building a strong case on your behalf while you concentrate on your health and well-being. We’ll keep you informed at every stage, ensuring you always know what’s happening and what comes next. The entire process is designed to take the legal burden off your shoulders. We manage the deadlines, the paperwork, and the difficult conversations with insurance adjusters. Our role is to be your advocate, fighting for your best interests so you can prioritize your recovery. Below, we break down the four main stages of a typical dog bite claim: the initial consultation, building your case, negotiation, and finally, reaching a resolution.
The Initial Consultation
Your first step is to schedule a free, no-obligation consultation. This is a confidential conversation where you can share the details of the incident without any pressure. We’ll listen to your story, review any evidence you’ve gathered, and answer your questions about Florida’s dog bite laws. It’s also a chance for us to provide initial guidance. For instance, if you’ve been bitten, you have the right to hold the owner responsible, and it’s crucial to get a blood test quickly to check for infection. The goal of this meeting is for you to understand your legal rights and for us to determine the strength of your claim. You can then make an informed decision about how you want to proceed.
Building Your Case
Once you decide to move forward, our team gets to work immediately. An experienced Florida dog bite lawyer will begin a thorough investigation to build the strongest possible case. This involves gathering all critical evidence, including your medical records, photos of your injuries, witness statements, and official reports from animal control. We handle all communications with the dog owner’s insurance company, protecting you from their tactics. Our job is to assemble a comprehensive claim that details the full extent of your damages—from medical bills and lost wages to your pain and suffering. We manage all the details so you can focus on your recovery.
The Negotiation Stage
After we’ve built your case and calculated your damages, we will send a demand letter to the dog owner’s insurance company. This officially begins the negotiation process. It’s important to remember that insurance companies often try to pay less than what a victim truly deserves. Their adjusters may try to downplay your injuries or even suggest you were somehow at fault. A skilled personal injury attorney knows how to counter these tactics. We will negotiate firmly on your behalf, presenting the evidence we’ve gathered to argue for a fair settlement that covers all of your losses.
Reaching a Settlement or Going to Court
The vast majority of dog bite cases are resolved through a settlement without ever going to court. If the insurance company makes a fair offer, we will present it to you and advise you on your options. If they refuse to negotiate in good faith, we are fully prepared to file a lawsuit and take your case to trial. At Counsel Hound, we operate on a contingency fee basis, which means you don’t pay any upfront fees. Our payment comes from a percentage of the money we successfully recover for you through a settlement or a court verdict. You can learn more about our commitment to clients and our “no fees until we win” promise on our About Us page.
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Frequently Asked Questions
What if the dog that bit me has never been aggressive before? In Florida, a dog’s history doesn’t matter when it comes to your right to compensation. The state follows a “strict liability” law, which means the owner is held responsible for the injuries their dog causes, even if they had no reason to think their pet was dangerous. You don’t have to prove the owner knew the dog might bite; their responsibility is automatic.
The dog’s owner is my neighbor. I don’t want to sue them personally. What should I do? This is a very common and understandable concern. The good news is that a dog bite claim is almost always filed against the owner’s homeowner’s or renter’s insurance policy, not their personal savings. The purpose is to have their insurance provider cover your medical bills and other losses, which is precisely why people have that coverage in the first place.
How much is my dog bite claim worth? There is no simple answer to this because every case is unique. The value of your claim depends on several factors, including the total cost of your medical treatment, any income you lost while recovering, and the severity of your physical and emotional pain. An experienced attorney can help you calculate the full extent of your damages to determine what fair compensation looks like for your specific situation.
Can I handle the claim myself without hiring a lawyer? While you technically can, it’s not a good idea. The dog owner’s insurance company has a team of professionals whose job is to pay out as little as possible. They may try to get you to accept a low offer before you know the full cost of your injuries. A lawyer protects your rights, handles all negotiations, and fights to ensure you receive the full compensation you are owed.
How long do I have to file a dog bite claim in Florida? You have a limited amount of time to take legal action due to a law called the statute of limitations. It is very important to act quickly, not just to meet this deadline, but also to make sure crucial evidence is preserved and witness memories are still fresh. Contacting an attorney soon after the incident is the best way to protect your right to file a claim.