The typical compensation for dog bite lawsuits (Dog Bite Claims )is approximately $59,900, but this amount may vary. Factors influencing the settlement include the severity of the victim’s injuries, any contributory negligence on the part of the victim, and the dog owner’s prior knowledge of the dog’s aggressive behavior.
State laws also affect lawsuit outcomes, with some adhering to the one bite rule and others enforcing strict liability. Challenges in proving a case can result in lower settlements for some plaintiffs.
The average dog bite settlement amount?
What is the average dog bite settlement amount?
The average settlement for a dog bite case is around $65,000 in many states. In some other states, it can be around $35,000.1
Yearly, these settlement amounts have been increasing. For instance, the average dog bite insurance claim in 2019 was $44,760, while in 2024, it reached $59,900
However, every particular case is unique. Some are worth fairly little. Some are worth far more than average. Some key factors that determine how much a case will be worth are the:
- injuries suffered by the victim, especially if the bite proved to be fatal,
- victim’s share of responsibility for the dog attack,
- dog’s bite history,
- dog owner’s conduct,
- state where the attack occurred, and
- characteristics of the dog or victim, like if the dog was a law enforcement animal, or if the victim was a veterinarian.
What are some common dog bite injuries?
Injuries sustained are pivotal in determining a dog bite case’s value, as they significantly impact the compensation amount the victim may receive. Common injuries from dog bites include:
- Cuts and lacerations, which can be severe or life-threatening,
- Nerve damage,
- Scarring or disfigurement,
- Dismemberment,
- Infections such as rabies,
- Broken bones,
- Bruises,
- Strains and sprains,
- Concussions and other traumatic brain injuries (TBI),
- Emotional distress,
- Anxiety related to future encounters with dogs, and
- Posttraumatic stress disorder (PTSD).
Victims enduring these injuries are entitled to compensation. A skilled dog bite lawyer can provide essential legal advice to ensure appropriate compensation.
In severe instances where a dog bite results in death, family members or loved ones of the deceased may consult with an experienced attorney to pursue a wrongful death claim against the dog’s owner.
What kind of compensation can I get?
Victims of dog bites are entitled to various forms of compensation under personal injury law, which extends beyond merely covering medical expenses. Victims can receive compensation for:
- Emergency room treatment,
- Past medical care,
- Anticipated future medical costs, such as physical therapy,
- Lost wages,
- Diminished earning capacity due to injuries impacting professional life,
- Pain and suffering,
- Emotional trauma,
- Property damage,
- Loss of consortium and companionship by loved ones.
Additionally, in instances where the dog owner’s behavior was malicious, punitive damages may also be awarded.
How do state dog bite laws influence the value of a case?
State dog bite laws significantly affect the value of compensation cases, based on how these laws establish liability for dog owners. Critical legal considerations include:
- Whether the state adheres to a strict liability or negligence standard for holding the owner responsible, and
- The approach of the state’s personal injury laws towards shared fault.
State Liability Laws: States generally have one of two types of dog bite liability statutes:
- Strict Liability Laws – Many states, like California, have strict liability laws where the dog owner is liable for any injuries caused by their dog, regardless of the owner’s prior knowledge or efforts to prevent the attack.
- One Bite Rule – Some states operate under this rule, where the owner is only liable if they were aware or should have been aware of their dog’s dangerous tendencies, often evidenced by a previous bite.
The value of dog bite cases tends to be higher in strict liability states because the owner’s knowledge of the dog’s potential danger is irrelevant, removing a common defense and simplifying the plaintiff’s case.
Shared Fault Rules: In instances of shared fault, where the victim may have contributed to the incident:
- Contributory Negligence – In states like Virginia, any fault on the victim’s part bars recovery completely.
- Pure Comparative Negligence – States like California and Florida reduce the victim’s compensation in proportion to their degree of fault.
- Modified Comparative Negligence – In states like Illinois and Texas, compensation is similarly reduced by the victim’s fault percentage, but recovery is barred if the victim is more than 50% at fault.
Evidence of the victim provoking the dog can significantly decrease settlement values, as insurers will leverage this to negotiate lower payouts.
Will certain people struggle to prove their personal injury claim?
Certain circumstances can make it more challenging for a victim to prove their personal injury claim in a dog bite case. These include:
- If the victim was trespassing at the time of the attack,
- If the dog involved was a law enforcement or military animal,
- If the person responsible for the negligence was not the dog’s owner, and
- If the victim had knowingly assumed the risk of a dog bite.
Under these conditions, the victim cannot typically claim strict liability against the owner. They must instead prove the owner’s negligence to seek compensation for their injuries.
This requirement to demonstrate negligence generally results in lower settlement offers, as proving fault is more complex than simply establishing the occurrence of a bite under strict liability standards.
Will insurance companies pay me in a dog bite case?
In cases of dog bites, homeowners’ insurance and renters’ insurance policies often provide coverage for settlements or verdicts. However, not every dog owner possesses these insurance types. Furthermore, many insurance policies require dog owners to opt into specific coverage for dog bites, which can raise their premiums. Consequently, numerous owners choose not to secure this additional coverage.
If an owner lacks insurance coverage for dog bites, the victim must pursue compensation directly from the owner, which can be challenging. Settlements or verdict amounts would need to be paid out of the owner’s personal funds, significantly increasing the chance that the victim may receive less compensation than deserved.
When do settlements happen in a dog bite claim?
Settlements in dog bite claims, like other personal injury cases, often occur out of court and can take place at any stage from shortly after the incident to just before a jury delivers its verdict.
Initially, if the dog owner is insured, an insurance adjuster may quickly propose a settlement offer as medical expenses start to accumulate for the victim. This early offer typically aims to cover immediate medical costs but is usually set lower than the claim’s true value to conserve the insurance company’s profits.
Victims who engage a personal injury attorney gain a critical advantage. Lawyers help victims understand the appropriate level of compensation and critically assess early settlement offers. Aware of this, insurers often raise their proposals once a victim is represented by legal counsel.
If negotiations stall and the legal deadline to file a claim approaches, a dog bite attorney might initiate formal legal proceedings by filing a claim in court to continue pursuing fair compensation.
