Dog bites aren’t just painful. They can be traumatic and costly. Once the initial shock subsides and you’ve focused on healing, the reality hits you: mounting medical expenses, lost wages, and the emotional toll.
Negotiating a dog bite settlement may sound simple. But it can be legally complex because you’re not just dealing with the dog owner. Here are five things you must know before facing the other party. They make sure you’re not taken advantage of and that you get compensated fairly.
Tip #1: You May Claim More Than Your Medical Bills
You’re missing a huge piece of your potential compensation if you’re only thinking about emergency room visits and plastic surgery expenses. Fair dog bite settlements cover both economic and non-economic damages. The former includes quantifiable expenses like loss of income and medical bills. Severe injuries, such as those from Level 4 dog bites, are often tied to more complex and long-term care, and thus, higher costs.
Non-economic damages are often harder to quantify, for instance, pain and suffering and severe psychological trauma. However, their effects generally make up a huge portion of the settlement amounts. In the absence of a permanent disfigurement and other visible reminders of the dog attack, you can document the life changes you’ve endured and continue to experience, for instance:
- Chronic discomfort
- Loss of enjoyment of life
- Social withdrawal or isolation
- Sleeplessness
- Developing mental health issues (e.g., post-traumatic stress disorder, depression, anxiety)
- Reduced quality of life
- Movement limitations
The key here is to keep a detailed record showing how your life has never been the same following the incident. If the attack caused wrongful death, family members may file such damages.
Various factors affect the final compensation cost, including injury severity and state laws. If you’re wondering how much you can claim, it’s best to consult with a dog bite lawyer. You may also refer to a dog bite settlement calculator while waiting for your appointment or check the average dog bite settlement costs with the Insurance Information Institute, to have an idea.
Tip #2: Wait Until You Know the Full Extent of Damages
Puncture wounds are the most common type of injury, but dogs with a strong bite force may cause broken bones or loss of body parts. These injuries can further lead to complications and invisible scars. Hence, the injured party in a dog bite case should only consider negotiating once they have a clear picture of the total damages.
Your doctor should determine whether you’ve recovered and should issue a treatment plan that includes future healthcare needs, for instance, reconstructive surgery and physical therapy. Some physicians might recommend psychological counseling due to emotional trauma. Regardless, you must keep all the receipts and prescriptions of your current medical bills and the doctor’s note to justify continuing costs.
Note that settling too early means you’re waiving your right to future claims. You can no longer claim more money later for complications that require long-term medical care, nerve damage and chronic pain included. But don’t wait for too long, as the statutes of limitations could limit the filing of dog bite lawsuits from two to three years after the incident. Missing this deadline could mean losing your right to sue.
Tip #3: Dog Bite Laws Vary From State to State
Liability laws for a dog bite injury vary widely depending on where the incident occurred. Three main frameworks apply in most instances:
Strict liability: Many states, including California and Colorado, follow strict liability, where the dog owner is automatically responsible regardless of who is at fault. You’ll have a higher chance of getting a fair settlement in these locations.
One bite rule: Some jurisdictions follow the one bite rule, where the victim has to prove that the owner knew their dog was aggressive and could cause the injuries they sustained. Victims should gather the dog’s history and submit it as evidence. They can also use surveillance camera footage to replay the incident and show when the dog was misbehaving or displayed signs of aggression.
Comparative fault: Other states implement comparative negligence, which, like other personal injury claims, reduces a victim’s compensation if they’re found partially at fault for the incident. Your insurer can dramatically reduce the settlement if they successfully argue that you were trespassing or provoking the dog.
Knowing which liability rules apply helps you anticipate the other side’s arguments and prepare your counterpoints. Legal representation is invaluable in such situations. A skilled dog bite attorney knows how to navigate through complicated insurance tactics and legal procedures to ensure you’re getting what you deserve.
Tip #4: Understand How Insurance Companies Work
It’s easy to get emotionally tangled with the dog owner, especially if they’re your neighbor or friend. But remember that the money for the settlement will come from their insurance policy. That said, you’ll be face-to-face with an insurance adjuster whose job is to pay as little as possible.
Be truthful, but don’t give too many details when talking to them, as they can use them against you. For instance, if you intend to claim non-economic damages but shared information that you just came back from a fun holiday, your insurer can argue that your injuries weren’t that serious.
A homeowner’s insurance often includes dog bite claims, although insurance policy limits vary. Some California insurers may discriminate against certain dog breeds and therefore exclude liability insurance for ‘dangerous dogs’, including pit bulls. Sadly, it’s more challenging to claim damages if the dog owner doesn’t have insurance coverage. In 2022, there were 88.8 million dogs in US households according to the American Veterinary Medical Association. It’s unclear how many of them were insured.
Tip #5: Don’t Rush Into a Settlement
Insurance companies often reach out quickly with a settlement offer. It might seem generous at first glance, especially if you’re in pain or still feel overwhelmed. The truth is that early offers are almost always lowball because insurers want to close the case before you know the full cost.
It’s best to consult with a personal injury attorney first to understand whether the offer is reasonable. Never sign anything before doing so.
Final Thoughts
After getting medical treatment, talking to a lawyer should be on your to-do list after a dog bite incident. Most offer free consultations to help you earn a head start against potential settlement challenges. They’ll also help you reclaim your sense of safety and justice, whether you settle or decide to go to court.
A dog bite can leave lasting scars, both visible and invisible. That’s why pursuing a settlement is not an act of revenge but a huge part of seeking accountability and healing. A successful negotiation acknowledges your pain and covers your current and future costs.
