Dog Bite Lawsuit 2025: A Step-by-Step Guide to Filing Your Claim

In 2024, homeowners insurers paid out $1.56 billion in liability claims related to dog bites and other dog-related injuries. If you’ve been bitten by a dog, understanding the legal steps to file a claim is crucial to ensure you receive the compensation you deserve. This guide provides a detailed, step-by-step approach to navigating a dog bite lawsuit in 2025.

Step 1: Seek Immediate Medical Attention

Your health is the top priority. Even if the dog bite seems minor, it’s essential to seek immediate medical attention. According to statistics, nearly 1 out of 5 dog bites becomes infected. A medical professional can assess the wound, administer necessary treatment, and document your injuries. This documentation will be vital for your legal claim.

Step 2: Report the Incident

After seeking medical care, report the dog bite to the appropriate authorities. This typically includes:

Local Animal Control: Reporting the bite to animal control helps create an official record of the incident. In California, under updated Los Angeles Animal Control laws, any dog bite must be reported within 24 hours.
Police Department: In some cases, especially if the bite is severe or the dog has a history of aggression, you should also report the incident to the police.
Dog bite incidents resulting in medical treatment As of 2025, any dog bite incident resulting in medical treatment must be reported to local animal control or law enforcement within 72 hours. This rule applies to both victims and dog owners.

Step 3: Identify the Dog and Owner

Gather as much information as possible about the dog and its owner. This includes:

Owner’s name, address, and contact information
Dog’s breed, age, and any identifying marks
Vaccination records (especially rabies)

Step 4: Gather Evidence

Effective dog bite claims rely on thorough documentation. Collect and preserve all available evidence related to the incident:

Photos of Injuries: Take detailed photos of the bite wounds immediately after the incident and throughout the healing process.
Photos of the Scene: Capture the location where the bite occurred, including any relevant details like broken fences or warning signs.
Witness Information: If there were any witnesses to the attack, obtain their names, addresses, and phone numbers.
Medical Records and Bills: Keep copies of all medical records, prescriptions, and bills related to the dog bite.
Police or Animal Control Report: Obtain a copy of the official report filed with the authorities.

Step 5: Understand Your State’s Dog Bite Laws

Dog bite laws vary by state, so it’s crucial to understand the specific regulations in your jurisdiction. Here’s a brief overview of common legal standards:

Strict Liability: In strict liability states, dog owners are responsible for any injuries their dog causes, regardless of whether the dog has a history of aggression. California is a strict liability state.
One-Bite Rule: In states with a “one-bite rule,” owners are liable if they knew or should have known their dog was dangerous.
Negligence: In some states, you must prove the owner was negligent in controlling their dog.

Step 6: Determine Liability

Identifying who is legally responsible for the dog bite is crucial for your claim. Generally, the owner, harborer, or keeper of the dog is responsible. However, defenses do exist.

Dog Owner: The dog’s owner is typically the primary party responsible for the bite.
Landlords or Property Managers: In some cases, landlords or property managers may be liable if they knew about a dangerous dog on their property and failed to take appropriate action.
Other Responsible Parties: Pet sitters or dog walkers may also be held liable if their negligence led to the bite.

Step 7: Consult with a Dog Bite Attorney

Dog bite cases can be complex, so it’s highly recommended to consult with an experienced dog bite attorney. A skilled attorney can:

Evaluate the strength of your case
Explain your legal rights and options
Investigate the circumstances surrounding the bite
Negotiate with insurance companies
Represent you in court if necessary

Step 8: File an Insurance Claim

Most dog bite claims are filed against the dog owner’s homeowner’s or renter’s insurance policy. Your attorney can help you:

Notify the Insurance Company: Contact the dog owner’s insurance company to report the incident and initiate a claim.
Submit a Demand Letter: Prepare a detailed demand letter outlining your injuries, medical expenses, lost wages, and requested compensation.

Step 9: Negotiate a Settlement

The insurance company may offer a settlement to resolve your claim. Your attorney can help you negotiate a fair settlement that adequately compensates you for your damages.

Step 10: File a Lawsuit (If Necessary)

If the insurance company denies your claim or offers an insufficient settlement, it may be necessary to file a lawsuit. Keep in mind that there is a statute of limitations for filing a dog bite lawsuit, which varies by state. In California, you typically have two years from the date of the bite to file a personal injury claim.

Step 11: Prepare for Trial

If your case proceeds to trial, your attorney will prepare you for each stage of the process:

Discovery: Gathering evidence through interrogatories, depositions, and document requests.
Motions: Filing legal motions to address specific issues in the case.
Trial: Presenting your case to a judge or jury.

Compensation for Dog Bite Injuries

If you’ve been injured by a dog bite, you may be entitled to compensation for a variety of damages, including:

Medical Expenses: The cost of all medical treatment related to the bite, including emergency room visits, surgeries, physical therapy, and medications.
Lost Wages: Compensation for any time you’ve missed from work due to your injuries.
Pain and Suffering: Compensation for the physical pain and emotional distress you’ve experienced as a result of the bite.
Disfigurement and Scarring: Compensation for any permanent disfigurement or scarring caused by the bite.
Emotional Trauma: Compensation for psychological injuries such as anxiety, depression, or post-traumatic stress disorder (PTSD).
Property Damage: Compensation for any property that was damaged during the incident, such as clothing or personal belongings.
Punitive Damages: In cases of gross negligence or intentional harm, you may also be able to recover punitive damages.

Dog Bite Prevention Tips

While pursuing legal action is essential after a dog bite, preventing future incidents is equally important. Here are some tips to help prevent dog bites:

Never approach an unfamiliar dog.
Always ask the owner for permission before petting a dog.
Avoid direct eye contact with a dog.
Stay calm and quiet around dogs.
Teach children how to interact safely with dogs.
Be aware of a dog’s body language.
Report aggressive dogs to animal control.

Conclusion

Filing a dog bite lawsuit can be a complex and challenging process. By following these steps and seeking the guidance of an experienced attorney, you can protect your rights and pursue the compensation you deserve. Remember, acting quickly and gathering thorough documentation are crucial to building a strong case.