A dog bite case can settle in as quickly as 1 month or as long as 6 years, though around 2 years is normal. The extent of your injuries and whether the dog owner will be held strictly liable or not will make a huge difference in the time frame. Another key factor is if a party refuses to compromise and demands a trial.
Dog bite injuries a key factor
Probably the biggest factor in how long it will take is the extent of your injuries. When the injuries are severe and debilitating, it is less clear how much compensation you will need.
Some types of serious injuries that often take longer for the case to settle are:
- dismemberments,
- severe disfigurements,
- brain injuries,
- spinal cord injuries,
- life-threatening loss of blood, and
- nerve damage.
For example: John and his 5-year-old daughter Rebecca are attacked by a dog. Rebecca is seriously hurt, suffering severe lacerations that cause nerve damage, disfigurement, and extreme emotional distress. John only has a puncture wound on his hand. John makes a full recovery in 2 months. Rebecca is still recovering 18 months later and accumulating medical bills. Doctors do not know how much future medical care she will need, or how disabling her injuries will be.
The personal injury lawyers at our law firm have found that insurance companies will generally fight harder against bigger cases. They have more to gain by taking these personal injury cases all the way to trial and hope for a smaller payout.
Strict liability speeds up dog bite cases
There are 2 ways for state laws to resolve a dog bite case:
- strict liability, and
Many state laws, including California’s dog bite statute, use strict liability in most circumstances.[1] Under this rule, dog owners are liable for injuries caused by their dog, even if there was nothing they could have done to prevent them.
Other states use negligence to determine liability. Also known as the “one bite rule,” dog owners are only liable in these states if they knew or should have known of their dog’s dangerous propensities.[2] These cases often revolve around whether there was the most important sign of a dog’s aggression – a prior bite. One prior bite puts the owner on notice of their dog’s aggressive behavior and makes them liable for not preventing another one.
If there is strict liability, then the case is much easier to win. This can speed up the case significantly. There are far fewer defenses that can be raised.
Refusing to settle a dog bite claim slows it down
The dog bite lawyers at our law office have found that the most common way to slow down a case is if someone is refusing to settle it. This can happen if either:
- the insurance company is not making a fair settlement offer, or
- the victim is demanding too much.
When either side holds out, it can mean the only way to resolve the dispute is with a trial. It often takes 3 years or more for the trial to be held.
Other factors that affect dog bite lawsuits
A few other things that can alter the settlement timeline for a dog bite case are:
- if the defendant is disputing whether they are liable or not, such as by arguing that you provoked the dog or were trespassing,
- whether the owner of the dog has homeowner’s insurance or any other insurance coverage,
- injuries that require extensive medical care to determine their long-term severity,
- the statute of limitations, or how long you have before you lose your right to file a personal injury claim,
- whether the strategy of the defendant’s insurance company is to deliberately delay the case until you are in enough of a financial strain to accept a lowball settlement offer,
- the level of the dog owner’s cooperation, and
- whether the outcome is appealed.
Our personal injury attorneys have found that each element can make over a month’s difference.
How these personal injury claims proceed
After the dog attack, these cases follow the same basic settlement process:
- you receive emergency medical attention,
- the attack is reported to law enforcement, generally to police and animal control,
- the authorities conduct an investigation, which can culminate in a police report, and
- you continue to receive medical treatment.
At this point, a week or so may have passed.
- it becomes clearer what your medical condition will be, and
- an insurance adjuster from the defendant’s insurer approaches you and makes an initial offer to settle the claim.
This settlement offer is almost always way too low to cover your costs. However, it can be enticing. It is designed to appear to cover your medical expenses, does not mention your emotional trauma or lost wages, and is often made at a time when your bills have begun to accumulate.
This is the point where it can be a big help to have the legal representation of an experienced attorney, particularly a dog bite attorney. With their legal advice, you can pursue all of your legal options. This is often around a month after the dog attack.
- if you refuse the initial settlement, you can make a counteroffer or wait for another offer to be made to resume the negotiation process,
- you continue to progress through your medical care, hopefully reaching a full recovery,
- either when you recover from your injuries or the statute of limitations approaches, settlement negotiations heat up, and
- if a fair compensation amount is not offered, you file a personal injury lawsuit and a trial will be scheduled.
The amount of time that has passed at this point is anywhere from a few months to 3 years, depending on the statute of limitations that your state’s dog bite laws use.
- as each side is gathering evidence, settlement negotiations continue,
- if no settlement is reached, the trial will be held, and
- the verdict of the trial settles the case, unless it is appealed.
At this point, up to 5 years have likely passed since the dog bite incident.
At any point from the initial settlement offer to the moment the verdict is read, the dog bite injury claim can be settled.
Average dog bite settlement amount
In 2022, the average dog bite insurance claim was $64,555.[3] This is just the average claim, though. The amount can be lower if the insurance policy has low limits or the dog bite victim was partially responsible for the bite. There were also significant discrepancies between states, and the amounts had risen substantially over the last few years.
According to the Insurance Information Institute:
Between 2014 and 2022, the national average cost per claim more than doubled from $32,072 to $64,555. In some states, the 2023 average cost per claim was much higher than in other states. For example, in California, it was $68,125, while in Ohio the average was $39,119 per claim.[4]
Legal Citations
[1] California Civil Code 3342 CIV.
[2] See, e.g., Borns v. Voss, 70 P.3d 262 (Wyo. 2003).
[3] Insurance Information Institute, “Spotlight on Dog Bite Liability.”
[4] Same.
