Dog Bite Settlement Negotiation: How to Deal with Insurance Companies

Each year, millions of people in the U.S. are bitten by dogs, and a significant portion of these bites require medical attention. If you’re one of the unfortunate individuals who has experienced a dog bite, you’re likely dealing with not only physical and emotional trauma but also the complexities of seeking compensation from the dog owner’s insurance company. Navigating this process can be daunting, but understanding your rights and the strategies involved in negotiating a settlement is crucial.

Understanding Dog Bite Liability

Before diving into the negotiation process, it’s essential to understand the legal landscape surrounding dog bites. Dog bite laws vary significantly by state, with some states following a “strict liability” rule and others adhering to the “one-bite rule.”

Strict Liability: In states with strict liability laws, the dog owner is automatically liable for any injury or property damage their dog causes, even if the owner had no prior knowledge of the dog’s aggressive tendencies. In these states, the injured party generally only needs to prove that the defendant owned the dog, the bite occurred in a public place or while the victim was lawfully on private property, and the victim suffered harm and damages as a result.
One-Bite Rule: In states that follow the one-bite rule, the dog owner is only liable if they knew or should have known that their dog had a dangerous propensity. This means that the owner is generally not liable for the first bite unless there was prior evidence of aggression, such as previous incidents of snapping, lunging, or growling.
Negligence: Regardless of whether a state follows strict liability or the one-bite rule, a dog owner can also be held liable if the injury occurred because the owner was unreasonably careless (negligent) in controlling the dog. This could include violating leash laws or failing to secure the dog properly.

It’s important to familiarize yourself with the specific dog bite laws in your state to understand your rights and the potential avenues for seeking compensation.

Steps to Take Before Negotiating

Before you begin negotiating with the insurance company, there are several crucial steps you should take to protect your claim and strengthen your position:

Seek Medical Attention: Your health is the top priority. Even seemingly minor bites can lead to serious infections, so it’s essential to seek medical attention immediately. Keep detailed records of all medical treatments, expenses, and doctor’s notes.
Report the Incident: File a report with your local animal control agency and police department. This creates an official record of the attack and can be valuable evidence in your claim.
Gather Evidence: Collect as much evidence as possible from the scene of the incident. Take photos of your injuries, any torn clothing, the location of the incident, and the dog if possible.
Identify the Dog and Owner: Get the dog owner’s name, contact information, and insurance details. If possible, note the dog’s breed and appearance.
Document Everything: Keep a detailed record of all related expenses, including medical bills, lost wages, and any other costs incurred because of the injury. It’s also wise to keep a personal journal to document your physical and emotional pain and suffering.
Consult with an Attorney: Before speaking to the insurance company, it’s highly recommended to consult with an experienced dog bite attorney. An attorney can advise you on your rights, help you understand the legal process, and protect you from making statements that could harm your claim.

Dealing with the Insurance Company

Once you’ve gathered the necessary information and consulted with an attorney, you can begin the negotiation process with the insurance company. Here’s what you need to know:

Understanding Homeowners Insurance Coverage: Dog bite claims are typically covered under the dog owner’s homeowners or renters insurance policy. Most policies provide liability coverage, usually between $100,000 and $300,000, which covers medical expenses, legal fees, and potential settlements. However, some policies may exclude certain dog breeds considered high-risk, such as pit bulls or Rottweilers.
The Insurance Adjuster’s Role: The insurance adjuster is the person assigned to handle your claim. While they may seem friendly and helpful, it’s important to remember that they work for the insurance company and their goal is to settle your claim for as little as possible.
Common Insurance Company Tactics: Insurance companies often employ various tactics to delay or deny valid dog bite claims. These tactics may include:
- Disputing Liability: The insurance company may argue that their policyholder is not responsible for the incident, claiming that you provoked the dog or were trespassing on the property.
- Questioning the Severity of the Injury: The insurance company may attempt to downplay the severity of your injuries to minimize the damages claimed.
- Delaying the Claims Process: The insurance company may request excessive documentation or repeatedly ask for the same information to frustrate you and pressure you into accepting a lower settlement.
- Lowball Settlement Offers: The insurance company may make an initial settlement offer that is significantly lower than the actual value of your claim.
Negotiation Strategies: To effectively negotiate with the insurance company, keep the following tips in mind:
- Communicate in Writing: Whenever possible, communicate with the insurance adjuster in writing to create a clear record of all communications.
- Don’t Accept the First Offer: The first offer is typically lower than what your case is worth. Be prepared to counteroffer and negotiate for a fair settlement.
- Document Everything: Keep detailed records of all communication with the insurance company, including dates, times, and the names of the individuals you spoke with.
- Be Patient and Persistent: The negotiation process can take time, so be patient and persistent in pursuing your claim.
- Know Your Bottom Line: Before you begin negotiations, determine the minimum settlement amount you’re willing to accept.
- Highlight Your Damages: Clearly and thoroughly explain how the dog bite has impacted you physically, emotionally, and financially. Provide documentation to support your claims for medical expenses, lost wages, pain and suffering, and any other damages.
- Be Prepared to Go to Court: If you can’t negotiate a reasonable settlement with the insurance company, be prepared to file a lawsuit to protect your rights.

Calculating Damages

When negotiating a dog bite settlement, it’s crucial to understand how damages are calculated. Damages typically include both economic and non-economic losses:

Economic Damages: These are the quantifiable financial losses you’ve incurred as a result of the dog bite, such as:
- Medical expenses (past and future)
- Lost wages (past and future)
- Property damage
- Transportation costs for medical treatment
Non-Economic Damages: These are the more subjective losses that are harder to quantify, such as:
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life

There are several methods for calculating non-economic damages, including the multiplier method (multiplying economic damages by a factor of 1.5 to 5) and the per diem method (assigning a daily value to pain and suffering).

The Value of Legal Representation

Negotiating a dog bite settlement with an insurance company can be a complex and challenging process. An experienced dog bite attorney can provide invaluable assistance by:

Evaluating your case and advising you on your legal options
Investigating the incident and gathering evidence to support your claim
Negotiating with the insurance company on your behalf
Filing a lawsuit if necessary and representing you in court

Having an attorney on your side can significantly increase your chances of obtaining a fair settlement that adequately compensates you for your injuries and losses.

Conclusion

If you’ve been bitten by a dog, understanding your rights and the strategies involved in negotiating a settlement with the insurance company is essential. By taking the necessary steps to protect your claim, gathering evidence, and seeking legal representation, you can navigate the negotiation process with confidence and pursue the compensation you deserve.