Most commonly, the victim needs to identify the owner of the dog in order to sue them. The owner can pass on some responsibility to the insurance company to handle payments, but, generally, the owner also needs to seek out legal advice. Both homeowners insurance and renters insurance can manage dog bite legal liability expenses.
However, having a skilled attorney who has experience in dog bite cases is key to any successful lawsuit, and we recommend that you seek proper consultation before pursuing any legal action.
Both homeowners insurance and renters insurance can manage dog bite legal liability expenses. As an insurance company, they may pay up to $300,000 depending on liability limits. As the victim sues the owner, expect the case to take a while. How Much Can the Victim Earn From a Dog Bite?
If the injury sustained from the dog bite is severe and affects the general quality of life of the victim, then they may be able to earn significantly more. Likewise, minor cases may settle for $10,000 in a small claims court.
According to the Insurance Information Institute, these are the numbers of average payouts for a dog bite in the top 10 states in America for 2019: California – Average dog bite payout $51,264.6 over 2,396 claims totaling $122.83 million.
The average settlement for a dog bite case is around $50,000 in many states. In some other states, it can be around $35,000. These amounts are increasing, every year. In 2019, the average dog bite insurance claim was for $44,760.
Level 4: One-four deep punctures from a single bite and lacerations or bruising from the dog holding on or shaking. Level 5: Multiple bite incident with more than 2 Level 4 bites. Level 6: Victim death.
The average dog bite settlement reported in the United States in 2015 was $32,000. Some states remain more expensive. A few years later in 2019, in California, the average dog bite payout was $51,264.60, with 2,396 reported insurance claims. This means CA paid out over $122.83 million in damages on behalf of victims.
When could I file a claim for dog bite compensation? There is usually a 3-year maximum time limit in which to start a compensation claim. This applies from when the dog bite incident took place.
Establishing Liability If a dog bites someone, there is a liability risk for owners and they can be sued. Hence, owning a dog is a big responsibility. Establishing liability can depend on if the owner knew the dog was aggressive: If there was no history of aggression in the dog, owners might not be liable.
Level 2 Dogs. Level two dogs will do well in a majority of homes. In general they are highly social with people and other animals. They tend to be fairly tolerant of restraint, handling and having things taken from them. They can be easily excitable and may accidentally knock small children and objects over.
Level 3 Bite - One to four tooth punctures from a single bite with no puncture deeper than half the length of the dog's canine teeth. At this point, the dog can present a real threat to other people and animals. The majority of my aggression cases fall into this level.
Level Three: In this type of bite, the dog's teeth break the victim's skin and leave bloody marks behind. There are two subcategories within level three to differentiate between single bites and multiple bites, but if these bites are shallower than the length of the dog's canine teeth, it falls into level three.
In California, if a dog bites someone, it is a strict liability issue. “If there is a bite, the owners are liable,” says attorney John Montevideo. “There are some exceptions to the rule, but, for the most part, it's the owners fault for it simply having happened.
The state of California is a strict liability state. This means that if your dog bites another dog, animal, or person, generally you are responsible for paying the vet bills and any other necessary damages to the owner of the animal that was bitten.
In most cases, hiring a dog bite lawyer does not cost you any money upfront. Most dog bite lawyers work on a contingency fee, which means they don’t get paid a legal fee until you receive a settlement or jury award.
The law firm generally advances all costs of the litigation necessary to represent you in your case. Costs include filing fees, expert costs, medical records costs, copying, postage and delivery costs, process servers, financial experts, liability experts, case related traveler, investigators, etc.
To decide whether hiring a dog bite lawyer to file a lawsuit is worth it, consider the following factors with regard to your case.
Seek compensation for your dog bite injuries with help from an experienced dog bite attorney. A skilled dog bite lawyer can navigate the complex legal defenses put forth by dog owners and help you stand up for your legal rights. Get your FREE attorney consultation today.
Hiring a lawyer also benefits a dog bite victim by giving the victim’s claim legitimacy and credibility in the eyes of defense lawyers, insurance companies, judges, and juries. That’s important. If those parties do not take your claim seriously, then you have no hope of achieving a top-dollar outcome.
Victims of dog bites or attacks sometimes hesitate to approach a lawyer because they’re anxious about the potential cost of legal representation. Let us set your mind at rest on that score, right off the bat. It should never cost you a penny upfront to hire a dog bite lawyer to represent you in a case seeking damages for your injury.
According to Quote Wizard by Lending Tree 1, a dog bite lawsuit in Nevada is worth an average of $44,904. That is the average amount of compensation that a victim receives when they file a claim for a dog bite in the State of Nevada.
Plaintiffs filed a total of 169 dog bite claims in the State of Nevada in 2019. In total, they received 7.59 million in compensation. In the United States, there were 17,866 dog bite claims in 2019. Both state population and variations of state law can impact the number of claims and the amount of compensation each year.
For a dog bite in Nevada, you can sue for the total amount of your damages. Damages include both out-of-pocket, monetary losses (economic damages) and pain and suffering (non-economic) damages. To qualify to sue for a dog bite in Nevada, the case must meet specific factual criteria.
Losses that can be compensated in a dog bite lawsuit in Nevada include:
Yes, you can recover punitive damages in a dog bite lawsuit. However, there are very high standards for qualifying for punitive damages in a dog bite lawsuit. You must show that the other party’s actions are particularly egregious.
A dog bite settlement can take anywhere from several weeks to 18 months. On the short end, when injuries are minor, reaching a settlement can mean getting short-term medical care, determining the final value and waiting a few weeks to process the claim. However, when injuries are severe, determining the value of the claim can take some time.
A dog bite insurance claim is the process of demanding financial compensation through an insurance policy when a dog bite occurs. In some cases, it’s necessary to file a claim in court. Other times, it’s possible to negotiate a fair resolution by working with the appropriate insurance company.
Not all dog attack cases will have severe injuries or equate to large monetary damages. Typically, larger monetary awards occur if an animal attack:
You can take your claim to small claims court without a lawyer — but most counties/states cap small claims court settlements at $10,000 or less. If your injury is severe, or you think your medical bills will cost more, you may want to seek legal advice on filing a lawsuit.
After being bitten by a dog, you may be very upset to the point where you may consider suing just to get back at the owner or because it feels like you should take action.
According to the Centers for Disease Control and Prevention (CDC), over 360,000 individuals required medical help for dog bite injuries in 2001 alone. Based on the CDC’s figures, children under ten years of age are at particular danger of becoming victims of dog attacks.
Dog bite injuries can be anything but trivial. Individuals who suffered severe injuries in a dog attack can experience ongoing physical pain, emotional trauma, and other long-term consequences for their health. Common dog bite injuries can include:
If you got hurt in a dog attack and incurred expenses, you could be entitled to damages, including but not limited to:
If you suffered injuries due to a negligent dog owner, you could take some essential steps to protect your legal rights as soon as possible.
Since no two dog bite incidents are the same, it can be next to impossible to determine how long your specific lawsuit would take. However, there is the possibility of resolving dog bite claims with an out-of-court settlement before it comes to a trial or before filing a lawsuit.
Apart from painful injuries and emotional scars, dog bites can leave a huge dent in your finances. Victims requiring surgeries or physical therapy after an extensive dog attack can end up with astronomical and ongoing medical bills.
Owners should provide dogs with plenty of exercise, especially if they are in the house for long periods of time. If necessary, enroll in a dog training class. If a dog is not feeling well or seems irritable, keep it away from people.
Victims must provide extensive medical records and other documentation according to stringent filing deadlines. A knowledgeable lawyer will obtain and submit the necessary information in keeping with the legal requirements and timelines.
How can I protect my children (and myself) from a dog attack? Always ask the owner’s permission before you pet a dog. If the owner agrees, let the dog look at you and sniff you before you touch it. If an unfamiliar dog approaches, stay still and avoid sudden movements.
In the event of a severe attack, you should call an ambulance or go to the nearest emergency room. Then wash the wound (s) with soap and warm water. If possible, take photos of the injuries and the area where the attack occurred.
Is there a statute of limitations for dog bite cases? In Michigan, personal injury claims must be filed within three years. However, if the victim is under 18, they may file a claim until their 19th birthday.
These include the severity of the injuries and whether there is permanent scarring or other lasting damage. Because a dog attack is a traumatic experience, the psychological damage is also taken into consideration.
According to the news report, the dog was sequestered because it had bitten several family members. But what happens if you are bitten by a dog with no history of aggression?