Dog Bite? Find out how to file a claim.

Each year, millions of people in the U.S. are bitten by dogs, with a significant number requiring medical attention. According to the American Veterinary Medical Association, approximately 4.7 million dog bites occur annually, and about 800,000 of those bitten need medical care. If you or someone you know has experienced a dog bite, understanding how to file a claim is crucial to ensure you receive the compensation you deserve. This guide provides a comprehensive overview of the steps involved in filing a dog bite claim, protecting your rights, and securing fair compensation for your injuries.

Understanding Dog Bite Laws

Dog bite laws vary by state, and understanding the specific laws in your jurisdiction is essential. Generally, dog bite laws fall into two main categories: strict liability and the “one-bite rule.”

Strict Liability: In states with strict liability laws, dog owners are automatically responsible for any injuries their dogs cause, regardless of whether the dog has shown signs of aggression in the past. This means that if a dog bites you, the owner is liable for your damages, even if they had no prior knowledge of the dog’s dangerous tendencies.
One-Bite Rule: States following the “one-bite rule” typically hold dog owners liable for injuries only if they knew or should have known that their dog was dangerous. This often means that the owner is not liable for the first bite unless there was prior evidence of the dog’s aggressive behavior. However, even in “one-bite” states, owners can be held liable if they were negligent in controlling their dog.

It’s also important to note that in almost all states, dog-bite statutes don’t affect the other rules for suing someone who’s responsible for an injury caused by a dog. Depending on the situation, that means an injured person may sue based on a strict liability statute, the owner’s negligence, or the one-bite rule.

Immediate Steps After a Dog Bite

The moments following a dog bite are critical for your health and legal case. Here’s what you should do immediately:

Seek Medical Attention: Your priority should be your health and safety. Even if the bite seems minor, it’s essential to get checked by a medical professional. Dog bites carry a high risk of infection and may result in other complications like nerve damage. According to the American Academy of Pediatrics, infections arise in approximately 10 to 15 percent of dog bites. Common types of injuries include:
- Abrasions: Superficial scrapes and grazes.
- Lacerations: Deep cuts or tears in the skin that may require stitches.
- Puncture Wounds: Deep wounds that can easily become infected.
- Crushing Injuries: Injuries that can damage bones, soft tissues, and muscles.
- Psychological Injuries: Trauma, anxiety, or fear of dogs.
- Report the Incident: File a report with your local animal control agency or police department. Documenting the attack ensures an official record of what happened, which can support your case later.
- Identify the Dog and Owner: If possible, identify the dog and its owner. Obtain the owner’s name, contact information, and insurance details. Also, try to get the dog’s vaccination history to ensure it is up-to-date on its rabies shots.
- Gather Evidence: Collect as much evidence as possible at the scene. Take photos of your injuries, the location of the incident, and the dog if possible. If there were witnesses, collect their contact information and ask them to provide statements.

Filing a Dog Bite Claim

Filing a dog bite injury claim can seem overwhelming, but understanding the process simplifies it. Here are the general steps involved:

Determine Liability: Dog bite laws vary by state, but generally, liability falls on the dog’s owner. Some states have “strict liability” laws, where the owner is automatically responsible, even if the dog has never bitten anyone. Other states follow a “negligence-based” approach, where you must prove the owner was negligent in controlling the dog or addressing a known risk.
Notify the Dog Owner’s Insurance Company: Most dog bite claims are settled through insurance without court proceedings. Once liability is established, your attorney files a claim with the dog owner’s homeowner’s or renter’s insurance company.
Gather Evidence and Documentation: To support your claim, you’ll need to gather relevant evidence and documentation, including:
- Medical records detailing your injuries and treatment
- Photos of your injuries and the scene of the attack
- Witness statements
- Animal control reports
- Police reports
- Proof of lost wages or income
- Send a Demand Letter: After gathering the available documentation, submit it with a demand letter to the insurance company. This letter outlines the details of the incident, your injuries, and the compensation you are seeking.
- Negotiate a Settlement: Once the insurer reviews your demand letter and evidence, negotiations can start. The insurance company may either approve, deny, or make a counter-settlement offer. An experienced attorney can negotiate for a higher amount to ensure victims receive fair compensation.
- Take Legal Action (If Necessary): If negotiations fail to produce a fair settlement, the next step may be to file a lawsuit against the dog owner. Complying with state law is crucial if you want to sue the dog’s owner for your injury. In Texas, for example, you have a two-year timeframe to file suit from the date of the attack.

Types of Compensation Available

Dog bite victims may be eligible for various types of compensation, depending on the severity of the injury and its impact on their life. Common types of damages include:

Medical Expenses: Compensation should cover all medical costs related to the bite, including emergency care, surgery, physical therapy, and any future treatments.
Lost Wages: You may be entitled to compensation for any lost income due to time away from work for medical treatment or recovery.
Pain and Suffering: This includes compensation for the physical pain, emotional distress, and trauma caused by the bite. It may also include the psychological impact, such as anxiety or fear of dogs.
Property Damage: If the dog damaged any of your personal property, such as clothing or accessories, you may be able to recover compensation for the damage.

The value of a dog bite case can vary widely based on several factors, including the severity of the injuries, medical costs, emotional trauma, lost wages, and insurance coverage. Settlements typically range from \$30,000 to \$75,000, but severe cases can exceed \$500,000 or more.

Why Hiring a Personal Injury Attorney Can Help

While it’s possible to file a claim without a lawyer, hiring an experienced personal injury attorney greatly improves your chances of fair compensation. Here’s how an attorney can help:

Legal Expertise: Navigating dog bite laws and insurance negotiations can be complex. An attorney ensures your case is handled correctly.
Building a Strong Case: Attorneys know how to gather evidence, work with expert witnesses, and craft compelling arguments for your claim.
Maximizing Compensation: Insurers often undervalue claims, but an attorney fights to ensure you receive full compensation for your damages.
Negotiation Skills: A skilled attorney can negotiate with the insurance company to reach a fair settlement, ensuring your rights are protected.
Litigation Experience: If a fair settlement cannot be reached through negotiation, an attorney can file a lawsuit and represent you in court.

Dog Bite Prevention Tips

While understanding how to file a claim is important, preventing dog bites in the first place is even more crucial. Here are some tips to help prevent dog bites:

Never approach an unfamiliar dog: Always ask the owner for permission before petting a dog.
Be cautious around dogs that are eating or sleeping: Avoid disturbing dogs when they are in these states.
Teach children how to interact safely with dogs: Supervise children closely when they are around dogs.
Avoid running or screaming around dogs: These actions can trigger a dog’s prey drive.
If a dog approaches you aggressively, remain calm and avoid direct eye contact: Slowly back away while keeping the dog in your field of vision.

Conclusion

Being bitten by a dog can be a traumatic experience, leading to physical injuries, emotional distress, and financial burdens. Knowing how to file a claim is essential to protect your rights and secure the compensation you deserve. By following the steps outlined in this guide, gathering necessary evidence, and seeking the assistance of an experienced personal injury attorney, you can navigate the claims process with confidence and work towards a fair resolution. Remember, you don’t have to suffer alone.