The average payout for a dog bite lawsuit in the U.S. in 2023 was about $58,500. However, numerous factors can influence this amount. Chief among these are the severity of your injuries, whether you were partly at fault, your state’s laws, and the availability of insurance. Some cases will have a higher payout, while others will have a lower one.
The average dog bite settlement amount
According to the Insurance Information Institute (III):
The average cost per insurance claim for a dog bite was $58,565 in 2023, down from $64,555 in 2022. California, Florida, and Texas had the most claims.[1]
However, the state in which the bite occurred can vary this amount. For example, III’s data from 2019 shows that the average cost per dog bite claim in California was $51,264. In Pennsylvania, though, it was only $35,562.[2] This is likely due to things like:
- living standards varying by state,
- the state’s dog bite laws, and
- insurance requirements by state.
Factors that change the value of a dog bite claim
The dog bite lawyers at our law firm have found that the 4 biggest factors that will influence the payout for your dog bite claim are:
- how badly you were hurt,
- whether you were partially to blame for the bite,
- your state’s dog bite laws, and
- how much insurance coverage there is.
In rare cases where the dog owner deliberately set their animal on you, you may also recover punitive damages in your personal injury claim to punish them for their wrongful conduct.
The extent of your injuries
Obviously, the worse your injuries were, the more compensation you are likely to recover.
The amount of compensation that you are likely to get in a dog bite claim or lawsuit is meant to cover for your losses. These are also known as legal damages. The higher your legal damages, the more compensation you stand to receive.
Your legal damages include the costs of the medical bills from the dog bite. They are not confined to your medical expenses, though. They also include any wages or income that you lost while recovering, or any reduced earning capacity from any disabilities that the dog attack left you with. Dog bite victims are also entitled to compensation for their pain and suffering, as well as for their emotional distress. People who suffer more serious injuries will likely receive more compensation.
Partial fault
If you were partially at fault for the dog bite, your payout will likely be lower.
Each state’s personal injury law has a shared fault rule. This rule applies to any case where the victim was partially responsible for their injuries. In a dog bite case, you can be partially at fault if you:
- were trespassing,
- ignored signs that the dog was dangerous, or
- antagonized the dog before being bitten.
Most states in the U.S. use comparative negligence rules. If the case were to go to trial, the jury would assign you a percentage of fault for your injuries. Your compensation would be lowered by that percentage. In some states, if your percentage of fault is at or over 50 percent, you would recover nothing.
For example: Ethel gets attacked by a pit bull and needs extensive medical care. In the end, she suffers $100,000 in legal damages. Her case goes to trial and the jury’s verdict finds that she was 15 percent at fault because she ignored the dog’s aggressive behavior. She would recover $85,000.
While your percentage of fault would be assigned by a jury after a trial, your share of responsibility can still influence the payout from an insurance claim or settlement. Insurance claims and out-of-court settlements are the result of negotiations that aim to predict what a jury would award.
Your state’s dog bite laws
Each state has its own dog bite law. Nearly all of them fall into the following two categories:
- strict liability, and
- negligence.
Many states, like California, hold dog owners strictly liable for injuries caused by their dogs, including bites. This means the owner is liable, even if they were doing all that they could to prevent the bite from happening.[3]
Some states will only hold dog owners liable for a dog bite if the owner is negligent. Dog owners are negligent if they knew or should have known of the danger posed by their dogs. Also known as the “one bite rule,” dog owners are typically on notice of their dog’s dangerous propensities if they have bitten someone in the past.[4]
Our dog bite attorneys have found that the payout for a dog bite claim is likely to be higher in states that hold owners strictly liable. These owners have little in the way of a defense to the claim. They are far more likely to be found liable if the case were to proceed to trial.
Insurance coverage
If there is little or no insurance coverage, the payout for a dog bite claim is likely to be much smaller than an adequate insurance policy.
If there is not enough insurance to cover your losses due to a low policy limit, or if there is no insurance policy at all, then you will have to recover compensation from the dog owner, personally. They are extremely unlikely to have the means to compensate you for your losses fully.
Generally, these losses are covered by the homeowner’s insurance policy of the dog owner.
Some common dog bite injuries
Our personal injury attorneys have found that some of the most common dog bite injuries that you can suffer are:
- lacerations, some of which can be life-threatening,
- broken bones,
- nerve damage,
- scarring or other disfigurements,
- infections, including the potential for rabies,
- dismemberment, particularly of fingers,
- bruises,
- strains, sprains, and torn muscles, and
- a concussion or some other form of a traumatic brain injury (TBI).
People also often suffer mental and emotional injuries from a dog bite incident, including:
- posttraumatic stress disorder (PTSD),
- emotional distress, and
- a lasting fear of dogs.
All of these can be severe injuries that require lots of expensive medical treatment.
How long a dog bite case can take
The personal injury lawyers at our firm have found that dog bite claims typically take around 2 years to resolve. However, speedy settlements can happen as soon as a month after the bite, while slow ones can take up to 6 years.
Key factors in how long it takes for a dog bite settlement include:
- the extent of your injuries,
- whether the owner would be held strictly liable, and
- the parties’ willingness to negotiate and compromise.
Our lawyers have found that some insurance companies are more likely to make a fair settlement offer soon after the incident than others are. Having the legal representation of an experienced attorney can speed things up and lead to a fair compensation amount. If no settlement is reached, they can help you file a personal injury case before the statute of limitations has expired.
Legal Citations:
[1] Insurance Information Institute, “Dog-Related Injury Claim Payouts Hit $1.12 Billion in 2023,” (April 8, 2024).
[2] Insurance Information Institute, “Dog Bite Liability Claims by State – Interactive Map,” (April 9, 2019).
[3] See California Civil Code 3342 CIV.
