Dog Bite Claim Deadline Approaching? What You Need to Know

A dog bite can result in significant physical and emotional trauma. If you’ve been bitten by a dog, you might be wondering if you can claim compensation. Navigating the aftermath of a dog bite can be overwhelming, especially when you’re dealing with injuries and emotional distress. A key concern for many dog bite victims is understanding the time limits for filing a claim. Missing the deadline could mean losing your right to compensation. In 2023, the average dog bite settlement in the U.S. was $64,555. This guide provides essential information about dog bite claim deadlines and what you need to do to protect your rights.

Understanding the Statute of Limitations

The statute of limitations is a law that sets a deadline for filing a lawsuit. It exists to ensure cases are resolved in a timely manner while evidence and memories are still fresh. For dog bite claims, the statute of limitations varies by state, typically ranging from one to three years.

State-Specific Rules: Each state has different rules regarding the statute of limitations. For instance, Tennessee and Kentucky require claims to be filed within one year, while Texas and Ohio allow two years. New York and Massachusetts provide three years.
Importance of Knowing the Deadline: Missing the deadline can result in the dismissal of your case, regardless of the severity of your injuries.

Exceptions to the Rule

While the statute of limitations sets a firm deadline, there are exceptions that could extend the time you have to file a claim:

Minors: If the injured person is a child, the clock may not start running until they turn 18.
Delayed Discovery of Injuries: Certain injuries, like infections or long-term complications, may not appear immediately. Some jurisdictions allow extensions if the injury could not have been discovered right away.
Incapacity: If the injured person is incapacitated, the statute of limitations may be paused until they’re capable of taking legal action.
Municipal or Public Authority Liability: In New York, if filing a claim against a local municipality or public authority for a dog bite injury, you must submit a notice of claim within 90 days of the incident.

Why Acting Promptly Is Crucial

Even if you have several years to file a claim, acting quickly is crucial for several reasons:

Preserving Evidence: Evidence such as surveillance footage and witness testimonies can become unavailable over time.
Strengthening Your Case: Acting fast strengthens your case and preserves critical evidence.
Avoiding Delays: Insurance companies may delay the process, and waiting too long can hinder your ability to obtain compensation.

Steps to Take After a Dog Bite

If you’ve been bitten by a dog, taking the following steps can protect your health and legal rights:

Seek Medical Attention: Immediately seek medical attention, even for minor bites, to prevent infections or complications.
Report the Incident: Report the incident to local authorities, such as animal control or the police department.
Gather Evidence: Collect as much evidence as possible, including photos of the injury, witness statements, and medical records.
Contact a Legal Professional: Consult with a qualified personal injury attorney who specializes in dog bite cases.
Notify the Dog Owner’s Insurance Company: If the dog owner has homeowner’s or renter’s insurance, notify their insurance company about the incident.

Factors Affecting Compensation

The compensation you may receive from a dog bite claim depends on several factors:

Severity of the Injuries: More severe injuries typically result in higher settlements.
- Minor injuries (bruises, small puncture wounds): $5,000 – $20,000.
- Moderate injuries (deep wounds, nerve damage, infections): $20,000 – $75,000.
- Severe injuries (disfigurement, loss of function, amputation): $100,000+.
Medical Expenses: Compensation can cover medical treatments, prescriptions, and ongoing care.
Lost Wages: You may be compensated for lost income due to time off work.
Pain and Suffering: Compensation can also cover emotional trauma and pain.
Insurance Coverage: The dog owner’s insurance coverage can impact the settlement amount.

The Role of a Dog Bite Lawyer

Hiring an experienced dog bite lawyer can significantly improve your chances of receiving fair compensation. A lawyer can:

Determine the Deadline: An attorney can help you understand the specific statute of limitations in your state and any applicable exceptions.
Investigate the Circumstances: Lawyers can investigate the circumstances of the bite.
Negotiate with Insurance Companies: Insurers often undervalue claims, but an attorney can fight to ensure you receive full compensation for your damages.
File a Lawsuit: If negotiations fail, a lawyer can file a lawsuit and represent you in court.

Common Injuries from Dog Attacks

Dog attacks can result in a range of injuries, both physical and emotional:

Bite Wounds and Punctures: Sharp canine teeth can create deep punctures that may become infected.
Lacerations or Torn Skin: Some attacks lead to significant tearing, particularly when the dog grips and shakes.
Broken Bones: A large dog may easily knock over a person, resulting in fractured arms, legs, or even skull injuries.
Nerve Damage: A puncture in the wrong location could sever nerves, resulting in decreased mobility or permanent loss of sensation.
Facial Disfigurement: Dogs frequently target the face, leaving victims with long-term challenges, including noticeable scars.
Post-Traumatic Stress Disorder (PTSD): Many survivors often find themselves reliving the attack through nightmares or avoiding similar situations.

Understanding Liability

Liability in dog bite cases varies by state:

Strict Liability States: The owner is automatically responsible, even if the dog has never bitten anyone before.
Negligence-Based States: You must prove the owner was negligent in controlling the dog or addressing a known risk.
One-Bite Rule: Some states follow a “one-bite rule,” where the owner is only liable if they knew the dog had a propensity to bite.

Settlement vs. Trial

Most dog bite cases are resolved outside of court through a settlement with the insurance company. However, if a fair settlement cannot be reached, filing a lawsuit and going to trial may be necessary.

Settlement: Many dog bite cases are resolved outside court with an insurance settlement.
Court Involvement: While most dog bite cases settle before trial, a lawsuit might be necessary if settlement negotiations fail.

Don’t Delay – Act Today!

If you’ve been injured by a dog bite, understanding the statute of limitations is crucial to protecting your right to compensation. Contacting a personal injury attorney as soon as possible can help you navigate the legal process, gather evidence, and negotiate a fair settlement. Don’t let the deadline pass you by – take action today to secure the compensation you deserve.