Here is how a dog bite victim should testify about how being attacked by the dog.
What to Bring and Not Bring
- Bring only what your lawyer tells you to bring.
- Do not bring notes to read from.
If You Do Not Have a Lawyer, Bring These
- Photos of your injuries on the day of the attack.
- Photos of your torn and bloody clothing if it looks dramatic.
- Photos showing your scars as they look today.
- Medical records from the day of the attack and every medical encounter afterwards.
- Medical bills.
- Proof of the amount of money you spent on treatment costs.
- “Explanation of Benefits” showing how much money your insurance company paid on treatment costs.
- Statements showing unpaid balances for treatment.
- Proof of any amounts you spent to replace broken glasses, torn clothing, or anything damaged.
- A letter from your employer showing how much work you lost, how much income you lost, and how it was calculated.
- A letter from your doctor explaining what treatment you will need in the future, and how much it will probably cost.
- Bring your witnesses, meaning whoever saw the attack and supports your version as to what happened.
Be Clear and Direct
- Listen carefully to the question.
- Stick to the facts. Tell exactly what happened in the order it happened.
- Use short, simple sentences. Avoid rambling or adding unnecessary details.
- Do not read from notes, which you are not to bring anyway. Sincerity requires that you be 100% present when talking.
Do Not Accept Blame
- Do not suggest that you did anything to cause the attack.
- Do not let anyone put words into your mouth.
- Do not agree with any re-phrasing of your testimony that sounds less definite than your own words.
- Do not suggest or agree that your injury was not a bite (unless it clearly wasn’t).
Begin With What Went On Before the Attack
- Where were you?
- What were you doing?
- Where was the dog when you first were aware of it?
- What was the dog doing before it bit you?
- Who was watching or walking the dog?
Describe the Attack
- Did the dog give any warning signs (growling, barking, lunging, etc.)?
- How did the dog approach you?
- How did the dog make contact (bite, jump, knock her down, etc.)?
- Where did it bite you?
- How long did the attack last?
- What did you hear (barking, people shouting, silence, etc.)?
- What did you feel (pain, fear, shock, etc.)?
- What was the dog owner (or other party) doing during the attack?
After the Attack
- What made the attack stop?
- How did you get away?
- Who helped you?
- What injuries did you notice immediately?
- How soon did you get treatment?
Emphasize the Impact
- How much pain did you feel?
- How afraid were you during and after the attack?
- What was the effect on family members who were bystanders?
Your Recovery
- What treatment did you need (doctors, surgery, therapy, etc.)?
- How much did you pay out of pocket?
- How much did your insurance company pay?
- What is the total that you owe in unpaid balances to doctors and hospitals, etc.?
- What can’t you do now that you used to do before the attack?
- How did your injuries affect your daily life?
- How much future treatment will you need?
- What is the estimated cost for future treatment?
Stick to What You Know
- If you don’t remember something, just say so.
- If you aren’t sure about a detail, say “I don’t know” or “I don’t remember.”
- Avoid exaggeration—your credibility is key.
Avoid Common Traps
- Don’t argue with the defense attorney. Stay calm, even if they try to provoke you.
- Don’t laugh or frown. Put on your game face, do not laugh at jokes or anything else, and do not frown or look angry.
- Don’t downplay your injuries. Some people feel uncomfortable talking about pain, but you need to be honest about how serious it was.
Be Confident and Respectful
- Look at the judge or jury when answering. At an animal control hearing, look at the person who is presiding.
- Speak loudly and clearly.
- Take a moment to think before answering.
- If you need to explain something, you should do it calmly and clearly.
This preparation will help you testify clearly, confidently, and persuasively while avoiding mistakes that could weaken your case.