Each year, approximately 4.5 million people are bitten by dogs in the U.S. Beyond the immediate physical pain, victims of severe bites often face long-term challenges, including emotional trauma, extensive medical treatments, and financial burdens. If you find yourself in this position, whether you're the dog bite victim or the owner, you might consider working with an attorney to get the best outcome for your situation. Here’s what you can expect and the steps you should take after the incident.
5 reasons you might need a dog bite attorney
Similar to other personal injuries, the need for legal assistance after a dog attack depends on the severity of the injury and the consequences that follow. For instance, someone with a minor dog bite that only requires basic first-aid treatment might not benefit from one. Those with severe injuries, on the other hand, may want legal guidance for the following reasons:
1. Understanding your legal rights and options
Each state has different statutes and regulations that determine who is responsible for dog bite injuries and under what circ*mstances. Before proceeding with your case, a lawyer explains if your state follows “strict liability,” where the dog owner is automatically responsible, or a “one-bite rule,” which requires proving the owner knew the dog was dangerous.
Next, the attorney evaluates the details of the incident and then determines if you have a viable claim as the victim or defense as the dog owner. While you can theoretically figure this out by yourself, an attorney is better suited to ensure you pursue the most effective strategy and avoid common pitfalls.
2. Proving liability and negligence
Once the lawyer understands the facts of your dog bite case, they can help you gather the necessary evidence to establish the owner’s responsibility. This may include witness statements, medical records, and any prior history of dog attacks or aggressive behavior. An attorney can also demonstrate that the owner failed to take reasonable steps to prevent the bite, such as proper restraint or warning others about the dog’s behavior. Conversely, an attorney might be able to prove if the victim provoked the dog or violated any laws (such as trespassing) that caused it to attack.
3. Determining fair compensation
An experienced dog bite attorney understands how personal injury claims work and can accurately evaluate the full extent of your damages, including:
- Medical expenses: Immediate and ongoing medical bills, such as emergency treatment, surgeries, medications, and physical therapy.
- Lost wages: Income lost due to time off work for recovery or medical appointments.
- Pain and suffering: Physical pain, emotional distress, and any psychological impact of the incident.
- Property damage: Costs of any personal property damaged during the incident, such as a cracked smartphone screen or eyeglasses.
- Future impact: Long-term effects on your quality of life, including permanent scarring, disability, or ongoing medical needs.
Essentially, they ensure that all aspects of your dog bite claim are accounted for, ultimately advocating for a settlement or court award that fully addresses your immediate and future needs.
4. Handling insurance claims and negotiations
After your lawyer determines what you deserve for your injuries and losses, they present the settlement to the dog owner’s liability insurance company (typically their renter’s or homeowner’s insurance). Throughout this process, your lawyer manages all interactions with the insurer, handles communications, and, most importantly, ensures your interests are well-represented.
If the insurance company denies your claim or offers a low settlement, your attorney will likely challenge these decisions and support your rightful claim. Without an attorney, however, it’s not as easy to advocate for the compensation you deserve, plus you have to deal with the added stress of working with insurers directly.
5. Representing you in court
If your case cannot be settled through negotiations, a dog bite attorney may recommend you file a civil lawsuit and go to trial. In court, your attorney will advocate for your rights and aim to prove liability, similar to their role in insurance negotiations. At this stage, needless to say, it’s not the best idea to represent yourself. As with other legal matters, a lawyer’s expertise in courtroom procedures and personal injury law significantly increases your chances of a favorable outcome.
Steps to take after a dog bite
Immediately after a dog bite, assess the situation and seek medical attention if needed. When you’re able, follow these steps next:
1. Exchange contact information with the owner
If the dog's owner is present during the attack, ensure you get their full name, address, contact methods, and liability insurance information. Even if you don’t want to pursue a claim immediately, your injuries can worsen, and you might change your mind later.
Alternatively, if the dog is off leash and alone, try to check its collar for any identification tags safely. If this isn’t possible or the dog has no tags, continue to the next step.
2. Document the incident
Gather as much evidence from the incident as possible. Try to take pictures of the dog, your injuries, and anything in the environment that may have contributed to the animal attack, such as an unlatched gate that allowed the dog to escape. You might consider writing down what happened or recording yourself to recall what happened later on. If any witnesses saw the attack, you should also get their name and contact information.
3. File a dog bite report
In order to submit dog bite claims or pursue legal action, you must file a dog attack or bite report with the appropriate local authorities (usually the police department or animal control services). You might need to call or research how your county handles these reports, as some offer the forms online while others do it over the phone.
4. Save all records
Following the dog attack, keep track of all medical procedures, treatments, and bills you receive. Likewise, take note of any setbacks in your quality of life, losses in income due to the injury, and other relevant information you may need for an insurance claim or civil suit down the road. At this stage, you can also start reaching out to dog bite attorneys to discuss your options.
Overview of dog bite laws
As discussed, dog bite laws vary significantly by state, underscoring the need for local legal expertise. Many states have strict liability laws, meaning dog owners are responsible for any injuries caused by their dog, regardless of the dog’s past behavior. Other states enforce the one-bite rule, which requires the victim to prove that the owner knew—or should have known—the dog was dangerous based on previous behavior.
Additionally, some courts may reference the Dunbar Dog Bite Scale to rate the severity of dog bites from 1 to 6, with Level 1 indicating aggressive behavior without skin contact and Level 6 involving fatal attacks. Defendants in dog bite cases can also respond with several defenses,such as claiming the victim trespassed, provoked the dog, or committed other actions that contributed to the incident (i.e., comparative negligence).
Because of these legal complexities and variations from state to state, it’s crucial to get trustworthy legal advice for your situation.
Potential compensation and settlements
Compensation for dog bite victims typically covers medical costs, including emergency room visits, surgeries, medications, and ongoing treatments. In addition, you can seek compensation for lost wages if the injury prevents you from working, as well as for pain and suffering, which accounts for the physical and emotional distress caused by the incident.
Settlement amounts can vary based on the severity of the injury, the circ*mstances of the case, and the specific laws in your state. For reference, the average dog bite insurance claim in 2023 was $58,545, though extreme cases involving severe injuries or permanent disability can result in higher amounts. Conversely, a minor bite that requires minimal medical treatment and recovery might result in a smaller settlement or none at all.
How to choose the right dog bite lawyer
Working with the right dog bite lawyer is crucial for ensuring you get fair compensation. First, look for an attorney who specializes in dog bite and personal injury cases within your area. Consider their track record and any available testimonials or reviews from previous clients. Like with other professional services, you want someone with a history of securing favorable settlements for their clients.
To get started, LegalZoom can connect you with experienced dog bite attorneys who meet these criteria. Not only can they provide the guidance and support you need during this challenging time, but they’ll do everything in their power to fight for the compensation you deserve. Don’t delay your case—contact us today, and we’ll help you find the right expert for your needs.
FAQs
Still have questions about dog bites or if you need a lawyer? Here’s what other readers ask about.
What is the difference between filing a claim and filing a lawsuit for a dog bite?
Filing a claim involves negotiating directly with the dog owner’s insurance company to seek compensation. Filing a lawsuit is a formal legal process initiated in court when a settlement cannot be reached through negotiations. However, both processes aim to secure compensation for your injuries.
How do you defend against a dog bite lawsuit?
Defenses against a dog bite lawsuit may include proving the victim trespassed on private property or intentionally provoked the dog. Still, legal defense strategies depend on the case's specific circ*mstances, so it’s best to consult an attorney to determine the best course of action.
How long do I have to file a lawsuit after a dog bite?
The time limit to file a lawsuit after a dog bite, known as the statute of limitations, typically ranges from one to three years, though some states grant up to six years. For more information, consult your state's dog bite law to ensure you file on time.
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