Dog bites are not just physical injuries—they can leave lasting emotional scars. Fear, anxiety, and distress are just some of the psychological impacts victims may experience after an attack. If you’re a Louisiana resident wondering whether you can seek compensation for emotional distress after a dog bite, you’re not alone. Louisiana’s laws do provide avenues for recovering damages related to the emotional harm caused by such incidents.
Here’s what you need to know about your rights, the legal process, and how you can seek justice for both physical and emotional pain resulting from a dog bite.
What Does Louisiana Law Say About Dog Bites?
Louisiana follows a strict liability approach for dog bite cases. Under Louisiana Civil Code Article 2321, dog owners are held responsible for damages their dog causes, regardless of the dog’s prior behavior. This means you don’t have to prove that the dog has a history of aggression or previous attacks to hold the owner liable.
However, to recover compensation, the law does require proof that:
- The dog owner knew or should have known that their dog posed a risk.
- The owner failed to take reasonable steps to prevent the attack (such as restraining the dog or using a leash).
- The attack caused actual harm, whether physical, emotional, or both.
The focus is not just on what the dog did—it’s about the owner’s responsibility. If their actions or failure to act resulted in you being bitten and suffering emotional harm, you may have a case for suing them.
Emotional Distress After a Dog Bite
The physical wounds from a dog bite often heal over time, but the emotional and mental toll can linger for much longer. Victims may experience symptoms of trauma such as post-traumatic stress disorder (PTSD), anxiety, phobias (like fear of dogs), and nightmares. Children who are bitten may struggle to cope emotionally, leading to behavioral changes and ongoing distress.
Louisiana law recognizes these effects and allows emotional damages to be claimed as part of a personal injury lawsuit. Emotional damages fall under the broader category of “non-economic damages,” which also includes pain and suffering.
Can You Sue Specifically for Emotional Distress?
Yes, you can sue for emotional distress after a dog bite in Louisiana, but there are a few important considerations to understand:
- Proof of Emotional Distress Is Required.
Emotional distress damages are typically subjective, so it is essential to document and demonstrate the mental harm you’ve suffered. Evidence can include:
- Testimony from mental health professionals, such as therapists or psychologists, who can verify your symptoms.
- Medical records that show a history of treatment for anxiety, PTSD, or other trauma-related conditions caused by the dog bite.
- Personal testimony from yourself, your loved ones, or others who can speak to how the incident affected your daily life.
- Severity of the Incident Matters.
Minor cases, such as small nips, may not lead to successful emotional distress claims unless you can prove significant psychological harm arose from the bite. Severe bites, attacks that required hospitalization, or cases involving aggressive or unprovoked animals are more likely to support emotional distress claims.
- Compensation Varies by Circumstances.
The amount you can receive for emotional distress depends on various factors, including the severity of your mental anguish, the impact on your daily life, and the strength of the evidence you provide. There’s no fixed formula for how Louisiana courts determine emotional distress damages, so working with an experienced attorney can make a big difference in the outcome.
Additional Damages You May Be Entitled To
When pursuing a lawsuit for a dog bite in Louisiana, you can claim compensation not only for emotional distress but also for:
- Medical Expenses: Both past and future costs associated with treating your injuries.
- Lost Wages: If your recovery caused you to miss work, you can recover lost income.
- Pain and Suffering: Compensation for the physical pain you endured due to the bite.
- Property Damage: If the dog caused damage to personal property during the attack, you may include these costs in your lawsuit.
Steps to Take After a Dog Bite
If you want to sue for emotional distress, your first priority should be building a strong case. Here’s what you should do after a dog bite:
- Seek Medical Attention Immediately.
Addressing physical injuries is your first priority. Visiting a medical professional also creates documented evidence linking the dog bite to your injuries.
- Gather Evidence at the Scene.
Take photos of your injuries, the dog, and the location of the attack. If there are witnesses, collect their contact information.
- Report the Incident.
Contact your local animal control agency or police department to officially report the dog bite.
- Keep a Record of Mental and Emotional Impact.
Log your symptoms, such as anxiety, disturbed sleep, or fear of going outside. A personal journal can help document how the attack impacted your mental and emotional health.
- Consult an Attorney.
Navigating Louisiana’s liability laws can be complex, especially when proving emotional distress. An experienced personal injury attorney can help you gather evidence, negotiate with the dog owner’s insurance company, and fight for the compensation you deserve.
Why Seek Legal Help with Parker Alexander?
Claims for emotional distress are often challenged by insurance companies and defense attorneys who may argue that mental anguish is difficult to quantify. Working with a qualified attorney can give you the tools to prove your emotional suffering is valid and significant.
At Parker Alexander, we understand how overwhelming the aftermath of a dog bite can be. We’re here to help Louisiana residents hold negligent dog owners accountable. Whether you’re seeking compensation for medical bills, emotional distress, or both, our team has the expertise you need to fight for justice.
Contact us at (318) 625-6262 for a free consultation today, and learn how we can help you claim the compensation you’re entitled to under Louisiana law.
Your recovery matters—and we’re here to support you every step of the way.