Between 6,000 to 13,000 people are hospitalized each year by dog bites, hence the need for people to sue. If a dog owner negligently permits his dog to bite a person, the dog previously was declared to be dangerous, and the injury is a "serious injury," the dog owner can be convicted of a misdemeanor ($1000 file and 90 days in jail). Of course, there are more aspects such as health insurance varying between the state and federal levels, which can change how much a person pays for regarding their medical bills. To understand how dog bite lawsuits work, you can review our steps in a civil lawsuit guide. What can you sue for a minor dog bite? They include proper compensation for the victim, assuring tax-exampt status for the interest on a structured settlement, getting reductions in claims against the settlement (such as those by doctors, health insurers and governmental agencies that paid benefits). The client should also seek legal advice from their lawyer, especially in the scenario involving a dog bite. Sometimes, an alternative dispute resolution (occasionally referred to as ADR) can take place to reach a resolution. If due negligence is at fault, there are ample opportunities to sue for something as seemingly minor as a dog bite. As with all elements of the legal system, the victim needs to prove that the owner did not correctly stop their dog from biting. How much a dog bite lawsuit should cost. All three main types of liability can be applied to dog bite cases, especially in states where there's precedence. Typically, this involves a 3rd party that tries to get both parties to arrive at a settlement. While dogs offer excellent emotional support to their owner, potential dog bites can cause distress and bodily harm to others. As a dog bite can lead to a personal injury, it can lead to a trial. If somebody sues a dog handler wrongfully, then countersuing options open up. The three main types of liability concerning a dog bite are: The dog bite statute means that the dog owner is liable for all damages their dog causes without being provoked. Once somebody hires an attorney, that attorney has to keep all information confidential. Dog bite cases tend to focus on the legitimacy of the claim. Under the “dangerous dog laws” in some states, cities, and counties, the owner of a dog that’s been declared dangerous or vicious may have to pay double or triple damages if the dog goes on to injure someone. Naturally, an alternative dispute resolution isn't the only solution to a lawsuit involving a dog bite. When looking for a settlement, a person needs to understand the value of an attorney-client relationship. While dog bite laws vary from state to state, all of them list the owner as the responsible party. Dog Bite Sample Pleading - Maryland Personal Injury Lawyer We are closely tracking the rapidly evolving public health and community concerns related to the new coronavirus or COVID-19 . A personal injury attorney can work in some scenarios, but typically it's better to get a lawyer specialized in dog bite injuries. This situation can include doctor notes, witness testimonies, insurance claims, etc. A simple dog bite case, with basic medical care and some time off work but no major injury, permanent damage or scarring, could be handled in Small Claims Court, typically without lawyers. As an insurance company, they may pay up to $300,000 depending on liability limits. Likewise, minor cases may settle for $10,000 in a small claims court. |. By the same token, not everybody who's been injured pursues to use the legal system to their advantage, so it's best if a person seeks help when possible. Ohio dog bite laws also determine how long the victim has until they can no longer successfully sue somebody. These expenses include attorney fees, insurance company claims, medical visits, and more. A dog bite can easily tear muscles and skin. Settlement The attorney usually has a number of goals in a dog bite claim. As stated earlier, the average earnings for a claim related to a dog bite is $44,760. Instead, it can take several months, typically six months if the goal is to see a jury. (McDonald v. Most cases end with a settlement. USAA Offers $100K to Settle Injury from Fall (Dog Encounter) This is not my case. Some of these statutes make the victims (rather than the owners) prove they weren’t at fault. It states that the owner of a dog is liable for damages a person suffers due to a bite from the dog in a public place or a private place that the person was lawfully within. If potential damages are high, it is relatively clear that the plaintiff was bit by the owner's dog, and there are no clear defenses, the dog owner will be inclined to settle for some amount, particularly if the dog owner's insurance company is … Contact one of our attorneys for more information. Punitive is a legal term for punishment. In the state of California minor have two years from the date of their 18th birthday to file a lawsuit in the court of law against an at-fault party. If the client misses out on filing a case within the time frame, the case can be thrown out effortlessly. The one-bite rule is similar, but the victim is responsible for proving that the dog's master is dangerous. The dog owner should exchange necessary information with the victim. If you’re bitten by a dog owned by the State of Florida, a city, or a municipality, then you have 4 years to sue. Remember, some liability limits do make the insurance company pay a hefty amount on behalf of the owner. Common Law Dog Bites. |  Privacy Policy  |  Terms and Conditions. Under California dog bite law, the victim filed a lawsuit for damages, including punitive damages because court documents allege the dog was known to have attacked in the past. Compensation is mostly dependent on court hearings, especially when a settlement is not taken out of court. If you are the injured party, then you can seek for damages because of the dog bite. To file a claim against a dog owner, use the information above to establish that the owner can be held liable for the incident. If a person never treats the injury due to a lack of funds, then it can get worse. The owner can pass on some responsibility to the insurance company to handle payments, but, generally, the owner also needs to seek out legal advice. The most common damages claimed and awarded in a dog bite suit are medical bills. Most commonly, the victim needs to identify the owner of the dog in order to sue them. Whether the bite resulted in severe or minor injuries, the dog bite victim may be able to file a claim against the dog bite owner to recover compensation for losses incurred as a result … The settlement amount was partly the result of the victim dying and partly due to the fact that the dog had a history of biting people. In some situations, the plaintiff doesn't get any money. The severity of the dog bite also influences a person's recovery time. Punitive damages are assessed to teach the defendant a lesson and to deter others from causing the same kind of harm. Understand your state laws before suing for a dog bite to increase the chances of winning the suit. Average Dog Bite Lawsuit Settlement Amounts. Therefore, even if everything is 100% true, if there's zero evidence of the incident occurring, the victim is highly unlikely to earn anything. If a lawsuit is necessary, he or she will deal with the process for you, including communicating with the dog’s owner and any insurance company that’s involved. Learn more about Connecticut dog bite lawyer Tim Moynahan here. The injuries that you endure must be the direct result of the dog bite. This is the case regardless of the owner’s knowledge of the dog’s violent tendencies. X Research source If the judge rules for the plaintiff, you should consult an attorney as soon as possible if you want to challenge the ruling. Even as a case is being built and the victim is undergoing medical treatment, certain job opportunities may become unavailable as the result of an injury. Average Dog Bite Settlements. As the victim sues the owner, expect the case to take a while. Dog bites and other dog-related injuries can range from minor to quite severe, and the owner or keeper is typically liable for these injuries. A dog bite can easily tear muscles and skin. That’s a determination that should be made with the help of an experienced California dog bite lawyer. But there are also instances when the injured party files a lawsuit to make sure that the owner will take full responsibility for the incident or to get the attention of the insurance company to settle the case. Other states guarantee liability whether or not a person knew their dog could bite somebody else. A simple dog bite case, with basic medical care and some time off work but no major injury, permanent damage or scarring, could be handled in Small Claims Court, typically without lawyers. A strong attorney-client relationship can make the process go more smoothly. Once everything is taken care of, somebody is bound to pay for the expenses. Contacting animal control may be needed for some situations. The Centers for Disease Control (CDC) estimates that over 4 million dog bites occur throughout the country every year. More general dog-bite statutes may also make the owner liable for multiple damages when a dog that has previously bitten someone does it again (see Wis. Stat. Both homeowners insurance and renters insurance can manage dog bite legal liability expenses. A dog can cause significant, if not often overlooked, damage to human flesh. If the insurance company doesn't offer the victim enough money, then the victim is allowed to file a lawsuit to get what they believe they deserve. An injury can get worse through the bacteria from the dog's mouth being applied to human flesh. Should You Ever Settle in a Dog Bite Case? Inherently dangerous nature of attack-trained K-9s. Humans have kept dogs as pets for over 12,000 years. That means that the injured person may sue the owner to seek compensation for the damages, including medical expenses. There are some cases when both parties reach a settlement where the defendant (dog owner) compensates the damages incurred due to the dog bite. The attorney can recommend several actions and perform them for the benefit of the client. Possible outcomes of a dog bite lawsuit vary widely, and largely depend on the circumstances of the bite, the type of dog you have, the dog's history, and other factors. Obviously, the victim cannot sue a dog. As the injury gets worse, the victim may be unable to complete basic tasks, including work. In that case, someone sued a homeowner for a dog bite. Both, As stated earlier, the average earnings for a claim related to a, One of the most vital actions to take is hiring a specialized lawyer that focuses on dog bites. More minor cases can be dismissed effortlessly, but it is advisable to take proper care to prevent future dog bite incidents. Even if you think the dog bite is minor, you should see a doctor. Ideally, a person finds a lawyer that knows how to deal with varying types of insurance. Obviously, the victim cannot sue a dog. But it may be easier to get punitive damages if a … In severe cases, an insurance company can offer the victim money, which costs less than being taken to court. § 174.02(1)(b)). If your injuries are relatively minor and your compensatory damages are low, pursuing a lawsuit is likely not in your best interest. Any personal injury sustained through a dog bite is relevant to the case, so recovery time can influence some aspects of it. If the injury is not treated correctly, the infection can become more severe. As a result, it is paramount that a victim always gets the legal help they need. Beyond homeowner and renters insurance, health insurance can also help cover some medical bills. The laws cannot be complicated to understand thoroughly, so it's best if the victim sought out an attorney. If there are witnesses, they may also exchange contact info. Award to plaintiff nullified based on theory that negligence against handler for dog bite by K-9 not valid since the handler released the dog with intent. A dog bite can cause severe damage to human flesh, and these severe injuries are what lead to more prolonged cases with larger settlements. In more populated areas, this can take up to two years. For instance, athletes, trainers, and other physical employees can lose hours of employment. A less-experienced attorney may take longer than one with several years worth of experience. Unfortunately, a dog bite case isn't handled immediately. Factors relevant to the case, such as recovery time and the severity of the dog bite can influence the length of a case. Dog bite settlements are mutually agreed-upon terms that provide victims compensation for their injuries without having to go to trial. Factors Involved in Cases Related to Dog Bites. As what has been previously mentioned, the owner of the dog can be held accountable whenever their dog acts aggressively, causing injuries or damage to property. However, this type of dispute does not always end up in suing dog owner for dog bite injuries. Some states may declare strict liability, such as in the scenario the owner knew their dog might bite. This scenario can include how severe the bite is. Injuries in dog bite cases can range from minor cuts and scratches, to major maimings requiring extended hospital time. Dog bite injuries are a different subject matter compared to assault, battery, murder, etc., so there are different attorneys that specialize in these various subjects. The owner can pass on some responsibility to the insurance company to handle payments, but, generally, the owner also needs to seek out legal advice. Likewise, a veteran lawyer that has limited knowledge within dog bites may struggle against an attorney who knows how to defend their client. They include proper compensation for the victim, assuring tax-exampt status for the interest on a structured settlement, getting reductions in claims against the settlement (such as those by doctors, health … Learn more about Connecticut dog bite lawyer Tim Moynahan here. Updated June 2, 2020. If due negligence is at fault, there are ample opportunities to sue for something as seemingly minor as a dog bite. If the injury sustained from the dog bite is severe and affects the general quality of life of the victim, then they may be able to earn significantly more. Injuries vary from person to person. Here’s where we walk you through how a dog bite victim named James negotiates a fair injury settlement from the dog owner’s insurance company. If you have been bitten by a dog and would like to know how much your case is worth, please read below for helpful information, or contact a qualified attorney with expertise in dog bite injury lawsuits. Strategies for a successful case are thought of between the two, and this can include hearings, insurance claims, and other relevant info for a proper settlement. Dog bite laws in California apply to dog bites only. Even if the dog has never bitten anyone before, the dog owner is … In severe cases, an insurance company can offer the victim money, which costs less than being taken to court. Some states may declare strict liability, such as in the scenario the owner knew their dog might bite. If a settlement is agreed upon early on, then the victim cannot take more money from the insurance company to pay for treatment. In Pennsylvania, all personal injury lawsuits —including cases stemming from dog bites—must be filed within two years of the date the injury occurred (that means the day on which you were bitten or otherwise harmed by the dog). Meanwhile, when the court handles the case, all parties involved will have the chance to tell their sides of the story and show evidence in front of the presiding judge or the jury. If for instance, the defendant is found to be liable for the incident, then the judge or jury will order the defendant to compensate the plaintiff based on the amount the court has decided. If the dog owner and the injured person fundamentally agree about what happened, who is at fault ("liability"), and the extent of the resulting injuries and losses ("damages"), then a dog bite case can settle without a lawsuit even being filed. As a result, it is the owner's responsibility for the personal attack. As this is the average, a victim can earn more or less money depending on how strong their case is. If you or a loved one has suffered from the damages of a dog bite, you may be able to file a dog bite injury lawsuit against the party responsible. How much a dog bite lawsuit should cost. There are even examples in the United States where a dog owner went to prison for several years for involuntary manslaughter involving their dogs killing a person. Even as a case is being built and the victim is undergoing medical treatment, certain job opportunities may become unavailable as the result of an injury. A dog bite can prevent somebody from working. CALL (800) 863-5312 TO SPEAK WITH A ZINDA DOG BITE ATTORNEY TODAY. Determine the rabies vaccine status of the dog, if possible. The notice is very specific. The attorney usually has a number of goals in a dog bite claim. A study by the CDC found that nearly 4.7M dog bites occurred in 1994, so these injuries are relatively commonplace. One of the most vital actions to take is hiring a specialized lawyer that focuses on dog bites. These may include doctor bills, medications, hospital admittance, plastic surgery, physical therapy, and possibly psychiatric care to treat issues such as posttraumatic stress disorder. Determine the rabies vaccine status of the dog, if possible. Civil. Minor dog bites still contain rabies even when they are just small wounds, but they can become fatal injuries if they are not given proper medical care immediately. Other various state laws play a massive role in the legal aspects of a dog bite. If the victim fails to get any documentation from the dog owner, there may be nobody able to pay for the damages except the victim themself. Those bitten by dog’s often know the dog that bit them and can verify that the dog has previously received a rabies vaccination, in which case rabies is not a concern. A, A dog can cause significant, if not often overlooked, damage to human flesh. Dog Bites Dog bites are considered to be any injury inflicted by a dog’s teeth or the attack of a dog. Beyond homeowner and renters insurance, health insurance can also help cover some medical bills. Based on most dog bite laws, suing dog owner for dog bite injuries can give you the right to recover compensation for the injuries caused by someone else’s dog. In general, dogs get one free bite … Different states have different regulations, yet it is advisable to hire a dog bite lawyer as soon as possible. This scenario can include how severe the bite is. In most situations, these settlements happen after months of discussions and evidence gathering. Dog bite lawsuits are investigated and reviewed for personal injuries throughout Maryland, Washington D.C., Virginia and Pennsylvania >>REVIEW A CASE . Various factors can influence how much a person is owed, as bite cases can differ from one another based on the severity of the dog bite injuries. Falling under New Jersey Statute 4:19-16, the law states it is the dog owner’s responsibility to pay for any damages. Some states currently have leash laws, Pennsylvania as a whole doesn’t require dog owners to leash canines. AZ Supreme Court overturns $650,000 award to plaintiff. Sometimes, the length of a case can also depend on the quality of the attorney hired. If a dog bites you, take these steps right away: Wash the wound.Use mild soap, and run warm tap water over it for five to 10 minutes. Rabies is another possible infection you can get from even a minor dog bite. As a result, it is the owner's responsibility for the personal attack. The bite does not have to penetrate the skin, but it must be an actual bite nonetheless. While dog bite laws vary from state to state, all of them list the owner as the responsible party. In these instances, a client can expect higher pay from incidents involving a dog bite. Dog bite cases tend to focus on the legitimacy of the claim. For example, cases involving bites by military dogs may be complex, especially if the dog is being used to apprehend a criminal. No recipients of material from this blog, clients or otherwise, should or should not act on the basis of any material consisted in the blog without seeking the appropriate legal or other professional guidance on the particular facts and situations at issue from an attorney accredited in the recipient's state. As soon as that is taken care of, it's vital to treat any long-lasting injuries one could have succumbed through a dog bite. Agreeing to a settlement ends a dog bite lawsuit. Learn more about strict liability, one-bite, and other dog bite injury laws. Can I Sue for A Minor Dog Bite? What can you sue for a minor dog bite? A client can utilize the legal system for monetary advantages, especially in the situation involving the victim's injury preventing work. While it’s rare to sue for a minor dog bite, in more severe dog bite cases, filing a lawsuit against the dog’s owner to recover damages if a satisfactory settlement isn’t reached through negotiations can sometimes recover the maximum amount of compensation for a victim’s dog bite injuries. Do I need to file a police report in order to sue? After getting away from the dog, the victim needs to identify both the dog and its master. A dog hander's liability is significant to a lawsuit involving a dog bite. Injuries in dog bite cases can range from minor cuts and scratches, to major maimings requiring extended hospital time. All of these attributes can be tied to the success rate of suing somebody over a dog bite. Yes, you can sue for the incident. In most situations, these settlements happen after months of discussions and evidence gathering. You may consult a personal injury attorney if you are unsure of your state’s legislation regarding dog bites. Medical documents submitted with the case show the Plaintiff sustained permanent neurological damage as a result of his injuries. States like District of Columbia, Georgia, Hawaii, North Carolina, and Tennessee have dog bite laws but don’t impose strict liability on the dog owner. The severity of the dog bite also influences a person's recovery time. Prices paid and comments from CostHelper's team of professional journalists and community of users. Ideally, the victim calls 911 to report the incident (documentation is crucial to build a legitimate case). By allowing them to do so, the victim earns less money compared to a full settlement. If it's excruciatingly minor, it may even be thrown out of court. Ultimately, it is best for the plaintiff to have an attorney specializing in dog bites to represent their needs. The dog-bite laws in many states don’t apply in certain circumstances—mostly commonly, when the injured person provoked the dog or was trespassing. As some people are unwilling to pay for any damage caused in that manner, others may be required to seek out legal justice in suing. For this reason, dog owners are usually held liable when their canines cause such injuries to other individuals. Even if it seems minor at the time, it can always get worse. A dog bite can prevent somebody from working. Of course, some of these trials lead to settlements involving an insurance company. Finally, negligence laws apply to the dog holder that acted negligently with their dog, especially in allowing them to continue the attack. Punitive damages are assessed to teach the defendant a lesson and to deter others from causing the same kind of harm. While dogs offer excellent emotional support to their owner, potential dog bites can cause distress and bodily harm to others. Unlike the previous stage, an ADR can last anywhere from a few hours to a few days. A dog bite isn't something to overlook just because a dog can be a cute creature. In this scenario, one could try to sue for more money. The average dog bite claim in 2014 was for more than $32,000. In 2019, nearly $796.8M was settled in a claim. As precedence greatly influences future cases, an attorney can help their client understand how to use these laws to their advantage. Below are summaries of a few of the prior cases for Saiontz & Kirk clients with injuries from animal attacks and dog bites. Based on most dog bite laws, suing dog owner for dog bite injuries can give you the right to recover compensation for the injuries caused by someone else’s dog. When the victim prepares to file an insurance claim, they should use the aforementioned documentation as the groundwork. 2018. Feel free to reach out to us any time at ryan@foranlaw.com or (301) 441-2022 for assistance with your legal matter. New Jersey dog bite laws are there to protect victims of dog attacks. In lawsuits over dog bites on vulnerable children, the court may decide to assess punitive damages against the dog owner. A victim with proper knowledge on how to deal with an insurance company can earn some monetary return from losses involved due to a dog bite. If you’re bitten in Florida, you usually have four (4) years to sue an individual for a dog bite. Once they have presented everything, the adjudicators will decide on who is to be blamed for the dog bite injury. Disclaimer: The details included in this blog is offered for educational purposes only, and should not be taken as lawful guidance in any way. Not every dog bite attack leads to a requirement to sue the dog’s owner. It may be a small number relative to how many people are bitten, but the gloomy possibility is there. In this legal case, however, the owner’s liabilities and the circumstances that need to be proven significantly vary based on the dog bite statutes of every state. With that in mind, State Farm and the Insurance Information Institute found the average dog bite settlement in 2015 was $32,000. Rabies is another possible infection you can get from even a minor dog bite. Copyright© The Keating Firm LTD.  |  All Rights Reserved. An attorney can help anybody when it comes to dealing with an insurance company. At the top-rated Normandie Law Firm, our experienced lawyers are committed to using all the resources necessary to … Dog owners are usually responsible when their pets bite people or hurt them another way (such as by knocking them over or chasing them). Some of the crucial evidence includes: If filing a lawsuit, then it is imperative to hire an attorney. Average Dog Bite Settlements. These financial claims, which can be collected through a settlement or a court trial, are usually the following: – medical bills incurred during the treatment of the dog bite injury Prices paid and comments from CostHelper's team of professional journalists and community of users. Homeowner’s insurance usually compensates victims for dog bites; dog bites account for more than 1/3 of all homeowners’ claims in the U.S. No. If for instance, a dog has bitten you and caused minor wounds, can you sue for a minor dog bite? These financial claims, which can be collected through a settlement or a court trial, are usually the following: – medical bills incurred during the treatment of the dog bite injury, – costs for the repair or replacement of the properties that were damaged when the dog bit you, – wage loss due to doctor’s appointment and/or physical therapy, – permanent disfigurement or disability because of the dog bite. As stated previously, various insurance companies can play a role in the ability to sue another person. Whether you choose a settlement or suing dog owner for dog bite injuries, each case its own advantages and disadvantages. Arizona. Dog bite injuries are a different subject matter compared to assault, battery, murder, etc., so there are different attorneys that specialize in these various subjects. Then, there are more specific legal issues such as common law and statutory law, so leave that to a dog bite lawyer. Because no two dog bite lawsuits are alike, there is no true “average” settlement amount. James is a fictional character who uses real claim negotiation tips to settle a relatively minor injury claim without the help of an attorney. For at least that long, dogs have been biting people. In some situations, the client can only have a year to file a case. Likewise, different states can also have different insurance companies with varying insurance rates. Ann. After doing so, the victim needs to be away from the dog to not get attacked again. Punitive is a legal term for punishment. Ideally, a person finds a lawyer that knows how to deal with varying types of insurance. In total, there were 17,802 claims with an average cost of $44,760 each. If a person is in doubt about how to proceed with a case, they should always consult with their attorney. Each state has its own laws governing dog bite lawsuits, but there are a few common patterns and defenses through the United States, which will be discussed in this article. Just as it is with an insurance company claims, documentation is one of the most crucial parts to collect for building a substantial lawsuit. Agriculture & Markets Law, Section 121, subdivision 8.) Homeowners and rental insurance can pay anywhere between $100,000 to $300,000 as their limit, while various health insurance options can assist in paying for medical bills.