Typically, Dog Bite Claims can result in settlements around $65,000, with variations depending on specific factors. The amount might increase or decrease based on the severity of the injuries sustained by the victim, any contributory negligence on the part of the victim, and prior knowledge by the owner of the dog’s propensity to be dangerous.
Furthermore, the legal outcomes of these cases are also shaped by state-specific laws, such as the one bite rule or strict liability statutes. However, individuals who encounter challenges in substantiating their claims might receive lesser compensation.
What is the average dog bite settlement amount?
The average settlement amount for a dog bite lawsuit varies significantly across different states, with typical values around $65,000, though some states report averages as low as $35,000. The value of these settlements has been on the rise; for example, the average insurance claim for a dog bite was $44,760 in 2019, but it increased to $64,555 by 2023.
However, assigning an average payout to dog bite cases can be misleading due to the unique nature of each incident. The potential value of a case is influenced by several factors including the severity of the victim’s injuries, which can be critical if the bite is fatal, the victim’s level of responsibility in the incident, the dog’s previous aggression history, the behavior of the dog’s owner, the state in which the attack took place, and particular characteristics such as whether the dog was a police animal or the victim was a veterinarian.
What are the common dog bite injuries?
Dog bite injuries are a critical component in determining the compensation a victim may receive; they significantly influence the case’s value. Common injuries from dog bites include,
- cuts and lacerations, which may be severe or life-threatening,
- nerve damage,
- scarring or disfigurement,
- dismemberment,
- infections such as rabies,
- broken bones,
- bruises,
- strains and sprains,
- concussions and traumatic brain injuries (TBI),
- emotional distress,
- anxiety related to dogs, and
- posttraumatic stress disorder (PTSD).
Victims who experience these types of injuries are entitled to compensation. A knowledgeable dog bite lawyer can offer the necessary legal guidance to secure this compensation.
In instances where a dog bite results in death, the victim’s family or close associates have the right to work with a seasoned attorney to pursue a wrongful death claim against the dog’s owner.
What kind of compensation can I get?
Contrary to the limited view often presented by insurance companies, victims of dog bites are entitled to a range of compensations under personal injury law, not just for medical expenses. These include:
- Emergency room visits,
- Past medical costs,
- Anticipated future medical needs such as physical therapy,
- Lost wages,
- Reduced future earning capacity if injuries impact long-term professional opportunities,
- Pain and suffering,
- Emotional trauma,
- Property damage,
- Loss of consortium and companionship from loved ones.
In exceptional cases where the dog owner’s actions were particularly egregious, victims may also be eligible for punitive damages.
You are entitled to these various forms of compensation because they all result from the dog attack. Settlements often represent an estimate of the compensation a victim might receive should the case go to trial, aiming to cover all these potential losses.
How do state dog bite laws influence the value of a case?
State dog bite laws significantly influence the potential compensation in a dog bite case based on how they define the owner’s liability and manage cases of shared fault between the dog owner and the victim. Here’s a breakdown:
State Liability Laws:
- Strict Liability Laws: Many states, like California, have strict liability laws where a dog owner is held liable for any injuries caused by their dog, regardless of the owner’s prior knowledge or efforts to prevent the attack. In these states, the absence of the owner’s fault does not affect their liability, potentially increasing the case’s value since the defense options for the owner are limited.
- “One Bite Rule”: Other states operate under the “one bite rule,” where the owner is liable only if they knew or should have known about their dog’s aggressive tendencies—often evidenced by a previous bite. This rule requires proof of the owner’s prior knowledge, which can make these cases more complex and potentially reduce the settlement amount if such evidence is lacking.
Shared Fault Rules:
- Contributory Negligence: In states with contributory negligence laws like Virginia, if a victim is found even slightly at fault for provoking the dog, they may be barred from receiving any compensation.
- Pure Comparative Negligence: States like California and Florida use pure comparative negligence, where the victim’s compensation is reduced by their percentage of fault but not completely barred.
- Modified Comparative Negligence: In states like Illinois and Texas, if a victim is more than 50% at fault, they cannot recover damages; otherwise, their compensation is reduced according to their degree of fault.
Will people struggle to prove their personal injury claim?
Certain individuals may encounter additional challenges when attempting to prove their personal injury claims in dog bite incidents due to specific circumstances:
- Trespassing: Victims who were trespassing at the time of the attack generally cannot hold the dog owner strictly liable for the injuries.
- Law Enforcement or Military Dogs: When the dog involved is part of law enforcement or military operations, standard liability rules may not apply, making it more difficult to claim damages.
- Non-Owner Negligence: If the negligent party is not the dog’s owner, the victim must prove that this individual had control over the dog and was negligent in that capacity.
- Assumption of Risk: If a victim knowingly took a risk of being bitten (for instance, as a veterinarian or dog trainer), proving the owner’s liability becomes more complex.
In these scenarios, the victim must demonstrate that the owner or responsible party was negligent, which is a higher burden of proof than strict liability. This requirement often results in lower settlement offers, as proving negligence is more challenging than proving ownership under strict liability.
Do insurance companies pay in a dog bite case?
Homeowners’ and renters’ insurance policies can provide coverage for settlements or verdicts in dog bite cases. However, not all dog owners possess this type of insurance. Additionally, because including such coverage often increases insurance premiums, many owners choose not to opt-in.
When a dog owner lacks insurance coverage for dog bites, the victim must pursue compensation directly from the owner. In such cases, any settlement or verdict amount must be paid by the owner personally. This scenario significantly raises the risk of the victim receiving less compensation, as the financial burden falls directly on the owner, who may not have sufficient funds to cover the full amount awarded or agreed upon in a settlement.
When do settlements happen in a dog bite claim?
Settlements in dog bite claims, similar to other personal injury cases, predominantly occur out of court and can be reached at any point from the time of the bite until just before a jury delivers its verdict at trial.
Shortly after a dog attack, if the dog owner has insurance, an adjuster from the insurance company usually presents an initial settlement offer. This offer typically comes early, as the victim’s medical expenses start to mount, and is crafted to appear appealing by addressing immediate medical costs. Nonetheless, these initial offers tend to be low, strategically aimed at minimizing payout to maximize the insurance company’s profits.
Victims who engage a personal injury attorney gain a significant advantage. An attorney can provide a clear assessment of the compensation deserved, helping victims evaluate settlement offers more effectively. Aware of this, insurers often increase their offers once a victim has legal representation.
If negotiations stall and the statute of limitations nears, a dog bite lawyer may escalate the matter by filing a lawsuit to ensure the victim’s right to claim is preserved.
