How Much Can You Sue For a Dog Attack?

Nov 20, 2024 | Pierre Prialé
How Much Can You Sue For a Dog Attack?

Our dogs have become a part of our families. We take them on walks, to the dog park, and sometimes on vacation. Our dogs truly have become an important part of our daily lives.

The dog’s owner might face legal liability when a dog bites someone. If you suffered an injury in a dog bite accident, contact a skilled dog bite attorney to learn about your legal right to recovery.

Call a personal injury lawyer today to discuss your options and begin your journey to financial recovery.

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What Is a Dog Bite Lawsuit?

A male German shepherd bites a man by the hand.

A dog bite lawsuit is a legal cause of action taken by the injured party against a dog owner whose animal caused injury through a bite. The purpose of a dog bite lawsuit is to compensate the victim for their accident-related injuries and losses.

Consulting with a dog bite accident lawyer can help navigate the legal process and understand your right to compensation if you have been bitten.

Types of Dog Bite Injuries

Dog bite injuries can vary widely in type and severity. Here are some of the most common types of dog bite injuries:

  • Emotional trauma 
  • Infections 
  • Nerve damage 
  • Fractures 
  • Contusions 
  • Abrasions 
  • Puncture wounds 
  • Lacerations
  • Rabies 

Seek medical treatment for these injuries. Contact an attorney to discuss potential compensation.

What Proof Do I Need To Win a Dog Bite Case?

A dog bite victim must present evidence to win their case. Accident victims must prove that they were bitten by the defendant’s dog, causing their injury. Here are the key elements involved in a dog bite lawsuit:

Ownership of the Dog 

After a bite, you must find and identify the dog’s owner. An attorney can help you find the dog owner during an accident investigation.

Negligence

Proof that the dog’s owner failed to control their dog or violated local leash laws can help build your case.

Dog’s Aggressive Behavior 

Depending on state law, you might need to prove that the dog is aggressive. Proof that the dog had a history of aggression or was known to be dangerous can strengthen your case.

Your Injuries 

It is important to the success of your claim that you document the extent of your injuries through medical records and photographs.

Causation

There must be a causal link between the dog bit and your injuries. You must prove that the bite directly caused your injuries.

Damages 

A dog bite victim must show how the bite impacted their daily life. They must show proof of medical expenses, lost earnings, etc.

Who Is Liable For My Damages After a Dog Bite?

How Does a Fairfax Dog Bite Lawyer from Right Path Law Group  Recover Compensation

Determining liability is necessary in a dog bite injury case. Typically, the dog owner is responsible for paying for your injuries. Injuries are usually paid for through the dog owner’s homeowner’s insurance or umbrella policy. An insurer might try to work out a settlement with you.

Some other parties can be liable to compensate you. For example, the property owner might be required to pay for your losses if the dog bite happened on someone else’s property. A landlord or property manager might share liability.

In rare cases, local governments might be held accountable for your expenses. If the dog was a stray, for example, the local government might have some liability, particularly if the government entity failed to enforce local leash laws.

One-Bite States vs. Strict Liability States 

Whether the dog owner is liable for your bite injuries depends on whether you live in a one-bite or strict liability state.

Strict Liability States

Most states have enacted statutes that impose strict liability on dog owners. Strict liability states allow injury victims to collect compensation if they show that the dog bit them. There is no requirement that the owner knows of any dangerous tendencies or aggression from the dog.

The victim only has to prove that the dog bit them without any provocation and that they suffered an injury as a result.

One-Bite States

A minority of states follow the “one-bite” rule. Generally, the one-bite rule places the responsibility on the owner if they knew or should have known that their dog was dangerous.

There are indicators that the dog would be dangerous, and the owner should be legally responsible for the bite. Example indicators include:

  • Whether others have complained about the dog’s behavior 
  • A previous bite history
  • The dog chases people riding bicycles, walking, or kids playing
  • Whether the dog jumps on people 
  • The dog aggressively barks or growls at people 
  • The dog has a history of fighting with other dogs 

What Damages Are Available After a Dog Bite Case? 

There are various damages to claim compensation for after a dog bite accident. Common examples of compensation can include:

Medical Expenses

Accident victims can recover the cost of medical treatment. You can recover for the cost of current and future medical expenses, the cost of rehabilitative care, physical therapy, and long-term treatment.

Lost Income

If the injury caused you to miss work or you are unable to return to work, then you might be entitled to receive compensation. Dog bite accident victims might also be entitled to compensation for lost earning capacity.

Permanent Disability

Some dog bites leave victims permanently disabled. You might be entitled to additional compensation if the injury results in long-term or permanent injuries.

Pain and Suffering

You might be entitled to recover for the inconvenience of suffering physical pain and emotional distress after a dog bite. Pain and suffering damages can be challenging to prove, so working with an attorney gives you the best chance of recovering compensation for pain and suffering.

Punitive Damages

In rare cases, punitive damages are available. Punitive damages are not meant to compensate the victim, however. Courts award punitive damages to punish defendants and deter similarly outrageous behavior in the future. Talk to an injury lawyer to discuss the availability of punitive damages in your case.

Consult with a personal injury attorney. Speaking with an attorney can help you understand the damages applicable to your case and help maximize your access to financial compensation.

What Is My Dog Bite Case Worth? 

Determining the monetary value of your dog bite case can depend on many factors, including:

State Laws

Your dog bite accident case will be affected by applicable state laws. Laws regarding dog bites can also impact your case’s value.

Medical Bills

Accident-related medical bills, including emergency and future treatment, play a significant role in the value of your case.

Severity of Injuries

The more serious the injury, the more compensation the victim may recover. For example, the victim might be entitled to the cost of necessary long-term medical care.

Impact of Injuries on Daily Life

Dog bite injuries can have a significant impact on your daily life. If your injuries affect the quality of your life by decreasing your ability to work or engage in daily activities, this can increase your case’s settlement value.

Lost Income

If your injury caused you to miss work, your lost income can add to the overall value of your dog bite case.

Pain and Suffering

Dog bite accident victims might be entitled to recover from physical pain and emotional distress that resulted from their injuries. This can significantly affect the total value of the claim.

Dog Owner’s Insurance Policy

Some dog owners have insurance policies on their pets. The policy limits available can influence the amount you can recover after a dog bite.

Consulting with an experienced dog bite lawyer will help you get a good idea about the potential value of your case.

What Should I Do After a Dog Bite?

What you do after a dog bite accident is important to the success of your claim. Consider taking the following steps after getting bitten by a dog:

Seek Medical Attention

It is important to seek medical attention after a dog bite. Seeing a doctor immediately after an attack is important to your physical health and legal claim. After getting a medical examination, be sure to complete your treatment plan. Insurance companies will use any excuse, including failure to complete a treatment plan, to avoid making a settlement payment.

Identify The Dog and Its Owner

After a bite, try to get the owner’s name, contact information, and details about the dog. Share this information with your injury attorney.

Report The Incident

State or local laws might require you to report the bite to animal control services.

Gather Witness Information

Getting as much information as possible after a dog bite is important. If possible, collect the names and contact information of any present witnesses.

Consult An Injury Attorney

Contact an attorney after suffering a dog bite injury. An experienced attorney can help you understand your right to recover compensation, the best way to build the strongest case for financial recovery, and answer any of your legal questions. 

How Can a Dog Bite Attorney Help Me? 

A Judge's Gavel and Stethoscope on Dog Bite Law Book

Working with a dog bite accident attorney is the best way to ensure you access full and fair compensation after a dog bite accident case. A dog bite accident attorney can help in the following ways:

Asserting your rights under the law after a dog bite injury can be challenging. Having an attorney means you can access their knowledge and experience and use it to improve your odds of receiving fair compensation after a dog bite accident.

Reduce Stress

An attorney will handle the legal side of recovery while you focus on healing from your injuries. Navigating the legal process can be overwhelming. Rely on an experienced dog bite accident attorney to reduce stress while seeking financial compensation.

Gather Evidence

Some types of evidence can be hard for individuals to access. Despite how tough it might be to access this type of evidence, it can still be beneficial to your case. An attorney can help gain access to important evidence, like expert witnesses who can help explain the extent of your harm.

Case Evaluation

An attorney can offer a case evaluation. Your lawyer will carefully review the facts and determine if you have a viable claim. As a part of the case evaluation, your attorney might provide you with an estimate of your case’s overall value.

Negotiations

The settlement negotiations phase is an important part of the claims process, and standing up to a large insurance company can be intimidating. Insurance companies have one goal—saving money. Insurance adjusters will try to offer you lowball settlements to protect the bottom line. An attorney will negotiate on your behalf and get you the best outcome.

Litigation Support

If the negotiations phase is unsuccessful, your lawyer can file a lawsuit and represent you in court. Facing the inside of a courtroom can be scary for an individual. Your attorney will persuasively present your case in front of a judge or jury to put you in the best position to recover financial compensation.

Maximize Compensation 

Working with a dog bite accident can significantly increase your chances of having a successful outcome and ensure your rights are protected after an injury. Contact an attorney to protect your rights throughout the process.

How Long Do I Have To Sue After a Dog Bite Accident?

You do not have unlimited time to file a claim for a dog bite. You must comply with the applicable statute of limitations. The statute of limitations is a deadline set by state law that limits the amount of time that a victim has to file a lawsuit. Working with an attorney is the best way to ensure you comply with the statute of limitations and other critical procedural rules.

Contact a Dog Bite Accident Attorney Today

Dog bite attorneys offer free consultations, so you can get the legal advice you need without any financial obligation. A knowledgeable dog bite accident attorney can get you the best available result for your injuries. Dog bites can significantly impact your life both physically and mentally. You deserve to be compensated for your damages. Contact a Fairfax personal injury lawyer to get started.

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Pierre Prialé

Founder and CEO

Over the course of his career, Prialé has handled approximately 2,000 criminal defense and traffic cases, including DUI, reckless driving, weapons charges, and personal injury cases. His dedication to helping clients in difficult and desperate situations has earned him a reputation for being a committed and knowledgeable attorney.

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