What is the Average Payout for a Dog Bite Lawsuit?

Every year in the United States, 4.5 million people are bitten by dogs, according to the Centers for Disease Control and Prevention (CDC). Of these, nearly 800,000 require medical attention, with about 50% of victims being children.

Dog bites aren’t just physical injuries, they can lead to significant financial, emotional, and psychological burdens. In 2023, the average payout for dog bite claims was approximately $64,555, with total claim payouts exceeding $1.1 billion, according to data from the Insurance Information Institute (III).

This guide provides a detailed overview of what to expect from a dog bite lawsuit, including liability, legal processes, typical payouts, and frequently asked questions.

What is a Dog Bite Lawsuit?

Dog bite injuries are fairly common in the U.S. These lawsuits involve complex legal considerations, particularly when determining liability and when the injured party is trying to seek compensation. In most cases, the dog owner can be held responsible for the injuries caused, particularly if they failed to exercise reasonable care or violated a leash law.

Some states follow a “strict liability” rule, meaning the dog owner is responsible for injuries caused by their dog, regardless of whether they were negligent. In other states, common law negligence applies, requiring the victim to prove negligence by showing that the owner knew of the dog’s dangerous tendencies or failed to prevent the incident.

Certain breeds, like pit bulls, are often considered dangerous dogs (whether rightly or wrongly) due to their strength and aggressive behavior, though the law varies depending on the state. For example, Missouri imposes rules that make owners strictly liable for injuries caused by any vicious dog, even if it was no provocation.

Dog bites can be very serious, and victims of a dog attack often suffer serious injuries, such as puncture wounds, nerve damage, or emotional pain. These which can lead to significant medical costs, lost income, and reduced quality of life.

Homeowners insurance typically provides coverage for injuries occurring on the insured property,. However, securing a fair settlement requires evidence of the owner’s negligence or failure to prevent the incident. Ultimately, you have to be diligent and precise with how you handle things with precision from start to finish for the best outcome.

Types of Damages in Dog Bite Lawsuits

Dog bite cases generally involve three types of damages:

Economic Damages: These are quantifiable costs, including:

• Medical bills: Emergency room visits, surgeries, medication, and therapy.
• Lost wages: Income lost due to missed work.
• Future medical care: Long-term treatment, physical therapy, or reconstructive surgery.

Non-Economic Damages: These address the emotional and psychological impact:

• Pain and suffering: Chronic pain, scarring, and emotional stress.
• Reduced quality of life: Difficulty performing daily activities.
• Punitive Damages: These are rare but may be awarded in extreme cases where the dog owner acted with blatant negligence or malicious intent.

For example, a 2022 case in California awarded $1.5 million to a victim due to facial scarring and psychological trauma.

This highlights the potential severity and financial impact of such cases. While these payouts can be significant, individuals must understand their rights and the legal process when deciding to sue for a dog attack.

How To Fill a Dog Bite Injury Lawsuit

Filing a lawsuit for a dog bite follows a structured process designed to build a strong case and improve the chances of fair compensation. Each step serves a specific purpose, and skipping any of them could weaken your claim.

Document the Injury and Incident

• Take clear photos of your injuries immediately after the attack.
• Document the location, time, and circumstances of the incident.
• Retain medical reports and receipts for any expenses incurred.

Report the Bite to Local Authorities

• Contact animal control or the local police department.
• This creates an official record of the attack, which can serve as critical evidence in court.

Gather Evidence and Witness Information

• Collect contact details from eyewitnesses.
• Check for security cameras or any video evidence of the attack.
• Note the dog’s behavior and any previous incidents involving the same animal.

Consult a Personal Injury Attorney

• Reach out to experienced dog bite attorneys specializing in personal injury claims.
• A professional can help you prove negligence, ensure the culprit is held liable, and navigate the complexities of state laws.

File the Lawsuit Within the Statute of Limitations

• Each state sets a time limit for filing a dog bite lawsuit, usually between 1–3 years from the date of the incident.
• Missing this deadline can forfeit your right to compensation.

Prompt action ensures that evidence remains intact and your case remains strong.

How Long Does A Dog Bite Lawsuit Take?

The timeline for a dog bite lawsuit varies depending on the complexity of the case, severity of injuries, and state-specific dog bite laws.

Factors Influencing Case Duration:

1. Severity of Injuries: Cases involving permanent injuries or multiple surgeries often take longer.
2. Disputed Liability: If the owner denies responsibility, the case may proceed to trial.
3. Insurance Company Negotiations: Insurers may delay or challenge settlement offers.

Typical Timelines:

• Simple Cases: 6–12 months
• Complex Cases (Severe Injuries or Trial): 1–3 years

In most cases, settlements occur out of court, saving time and reducing legal costs.

Determining Liability in a Dog Bite Case

Establishing liability is a crucial step in any dog bite lawsuit. Responsibility can vary depending on state laws, the owner’s actions, and the victim’s behavior during the incident.

Typical Payouts for Dog Bite Lawsuits

The payout for dog bite lawsuits isn’t a one-size-fits-all calculation. It depends on multiple factors, including the severity of injuries, the state’s dog bite laws, and the insurance coverage available.

1. Economic Damages

These damages cover tangible, measurable financial losses incurred because of the dog bite.

• Medical Expenses: This includes immediate and long-term costs such as emergency care, surgeries, therapy, prescription medications, and ongoing medical consultations. Severe injuries requiring reconstructive surgery or prolonged hospitalization can greatly increase these expenses.
• Lost Wages: If the victim missed work during recovery, compensation covers lost income. In severe cases, damages may also include loss of future earning capacity if the injuries prevent the victim from returning to their previous job.
• Rehabilitation Costs: Many dog bite victims require physical therapy to regain mobility or counseling to address emotional trauma. These costs are included in the economic damages claim.

2. Non-Economic Damages

These damages address the intangible consequences of a dog bite, which often have a lasting impact on the victim’s quality of life.

• Pain and Suffering: This compensation reflects the physical pain, discomfort, and emotional suffering caused by the injury. Victims with permanent scars or disabilities often receive higher settlements.
• Emotional Trauma: Dog attacks can leave victims with long-term psychological effects, such as anxiety, PTSD, recurring nightmares, or fear of animals. These damages recognize the lasting emotional toll of such incidents.

3. Punitive Damages

Punitive damages are less common and are only awarded in cases where the dog owner’s behavior was exceptionally negligent or reckless.

For example, if an owner knowingly allowed a dangerous dog to roam freely despite being aware of its aggressive behavior, the court may award punitive damages to penalize the owner and deter future negligence.

Dog Bite Lawsuits FAQs 

What If the Dog’s Owner is a Friend or Family Member?

Filing a claim against a friend or family member can feel uncomfortable, but most bite claims are covered by their insurance company, not paid out of pocket. It’s about covering medical expenses and losses, not punishing the dog owner. Clear communication helps maintain relationships during this process.

How Long Does a Lawsuit Typically Take?

A straightforward dog bite lawsuit can settle within 6–12 months, while complex cases requiring trials may take 1–3 years. Factors like serious injuries, insurance negotiations, and liability disputes affect timelines.

Can I Sue for a Minor Bite?

Yes, even minor bites can cause infection, nerve damage, or emotional trauma. Prompt medical attention is essential to prevent complications. Consulting a dog bite lawyer ensures your legal rights are protected, helping recover compensation for medical costs, emotional distress, and any long-term impacts.

Conclusion: Protecting Your Rights After a Dog Bite

A dog attack can have devastating consequences, both physically and emotionally. Understanding your rights under dog bite laws, seeking prompt medical attention, and consulting a lawyer who handles personal injury cases are key steps to securing fair compensation.

Key Takeaways:

1. Document and report the incident immediately.
2. Seek professional legal advice.
3. Act within your state’s statute of limitations.

Taking the right steps and seeking help from an experienced attorney empowers victims to hold negligent dog owners accountable. This approach ensures fair compensation for medical expenses, pain and suffering, and other related damages.

Disclaimer: The information provided in this article is for informational purposes only and does not constitute legal advice. Readers should consult with a licensed attorney for legal guidance regarding their specific situation. The content is not intended to create, and receipt of it does not constitute an attorney-client relationship.