How Does a Dog Bite Lawsuit Actually Work?

Dog bite attacks happen every day. In fact, insurers paid out $1.57 billion in dog bite claims in 2024, the highest amount ever recorded. The average claim? $69,272.

Real money. Real injuries. Real legal battles.

If you’ve been bitten, you’re probably sitting there with bandages, bills, and a thousand questions. Who pays for this? Can I actually sue? How much is my case worth?

Let’s walk through exactly how these cases work.

Who’s Actually Getting Sued (And Who Pays)?

One of the most common misconceptions in dog bite cases is who is actually being sued. In most situations, the claim is not directly against the dog owner personally, but rather against their homeowner’s insurance policy. 

Most homeowners’ insurance policies include coverage for dog bites, typically providing liability limits ranging from $100,000 to $300,000. In other words, it is the insurance company—not your neighbor—who ultimately issues payment for your damages.

Your ability to recover compensation depends largely on the laws of your state.

• Thirty-six states, including California, follow a strict liability standard. Under this rule, a dog owner is legally responsible for injuries caused by their dog, regardless of the animal’s prior behavior or the owner’s knowledge of its temperament. Simply put, if the dog bites, the owner is liable.
• The remaining sixteen states apply what’s known as the “one-bite rule.” This doctrine generally protects the owner from liability for the dog’s first incident—unless it can be shown that the owner knew or should have known the dog had aggressive tendencies. States such as Texas, New York, and Nevada follow this approach.

Even in “one-bite” jurisdictions, however, a negligence claim may still apply. If an owner fails to restrain their dog, disregards leash laws, or otherwise acts carelessly, they may still be held liable for resulting injuries. In those cases, the owner’s breach of their duty of care provides a valid basis for a claim.

What’s Your Case Actually Worth?

Dog bite settlements range from $6,000 to $400,000, with an average of around $75,000. But averages lie. Your case value depends on three things:

1. Severity of Injuries

The extent of medical damage is a primary determinant. Minor injuries, such as a few stitches, typically result in lower settlements. More severe injuries—deep lacerations, significant tissue damage, or Level 4 bites—can result in settlements ranging from $125,000 to $512,000. The average hospital stay for dog bite treatment is approximately $18,200, not including additional costs for physical therapy, scar revision, or psychological treatment.

2. Jurisdiction

The location of the incident can significantly influence the case’s value. For example, the average dog bite claim in New York is approximately $110,488, while in California it averages $78,818. Similar injuries in different states can lead to markedly different compensation.

3. Economic and Non-Economic Losses

Compensation is not limited to medical expenses. Courts and insurance companies may also consider:

• Lost wages during recovery
• Future medical procedures or ongoing care
• Pain and suffering, including psychological impact, anxiety, or limitations on daily activities

Certain circumstances may increase the value of a claim. Injuries to children, facial scars, permanent nerve damage, or post-traumatic stress often result in higher settlements due to their long-term impact.

Building Your Case: Gathering and Preserving Evidence

Insurance companies often respond to dog bite claims with tactics designed to minimize or delay compensation. They may argue that you provoked the dog, downplay the severity of your injuries, or prolong the process in the hope you will abandon your claim. The most effective way to counter these strategies is through thorough and well-documented evidence.

1. Immediate Documentation
Begin collecting evidence from the first day:

• Photographs: Take clear images of all injuries from multiple angles. Document the scene of the incident, the dog if possible, and any torn or blood-stained clothing.
• Medical Records: Preserve emergency room records, follow-up visit notes, prescriptions, physical therapy documentation, and psychological evaluations if trauma is involved.
• Witness Statements: Obtain contact information and statements as soon as possible. Witnesses may forget details or become unavailable over time.

2. Official Records and Reports
Include all relevant documentation from authorities:

• Police or animal control reports
• Records of prior complaints or incidents involving the dog, if available

3. Expert Testimony
Expert witnesses can significantly strengthen a case and enhance settlement value:

• Animal behaviorists can testify regarding the dog’s aggression or likelihood of attacking.
• Medical or surgical experts can provide detailed assessments of injury severity and anticipated future treatments, such as scar revisions.
• Mental health specialists can document emotional trauma, including PTSD.

While expert testimony may involve additional expense, it can substantially increase the potential value of a claim by providing credible, professional support for both physical and emotional damages.

The Timeline Nobody Tells You About

Dog bite claims can be lengthy and complex, with the average case taking approximately 15 months to resolve. Understanding the typical stages can help set realistic expectations:

Weeks 0–6: Immediate Care and Evidence Collection
During the first several weeks, focus on emergency treatment, documenting injuries, and gathering evidence. Early medical records and photographs are critical for establishing the foundation of your claim.

Months 2–6: Negotiations with Insurance
Most cases (approximately 95%) are resolved through negotiation with the insurance company. During this period, your attorney communicates with the adjuster, who may attempt to offer a low settlement. Skilled negotiation is essential to ensure fair compensation.

Months 6–12: Filing a Lawsuit and Discovery
If settlement discussions fail, your attorney may initiate litigation. The discovery process begins, during which both parties exchange evidence, conduct depositions, and assess the strength of each side’s case.

Year 1–2: Mediation and Trial Preparation
Even after filing suit, many cases involve mediation or additional settlement discussions. If mediation is unsuccessful, the case proceeds toward trial preparation, with attorneys developing strategies and identifying expert witnesses.

Statutes of Limitations
Each state imposes strict deadlines for filing a claim. For example, Kentucky allows one year, Missouri permits five years, and most states fall between two and three years. Failing to file within the statute of limitations generally results in forfeiture of the right to pursue compensation.

Common Tactics Used by Insurance Companies

Insurance companies often employ well-established strategies to minimize or delay payment in dog bite cases. Understanding these tactics can help you and your attorney respond effectively:

• Provocation Defense: Insurers may argue that you somehow caused or provoked the attack—claiming you reached over a fence, made sudden movements, or otherwise contributed to the incident. Even if you were simply passing by, this defense is frequently raised to reduce liability.
• Trespassing Argument: If the bite occurred on private property, insurance companies may assert that you assumed the risk, even in situations where you were legally invited or had permission to be on the property.
• Minimizing Injuries: Insurers often attempt to downplay the severity of injuries. They may suggest that scars will fade, psychological trauma is exaggerated, or medical treatment was unnecessary or excessive.
• Delaying Tactics: By prolonging the claims process, insurers hope mounting bills and financial pressure will compel victims to accept low settlement offers.
• Policy Limitations and Bad Faith Practices: Some policies contain breed exclusions or limit coverage for dog bite claims. In other cases, insurers may deliberately misinterpret policy language or refuse reasonable settlements. When an insurer acts in bad faith, it can expose the company to punitive damages, creating additional leverage for the injured party.

Being aware of these tactics allows your attorney to anticipate and counter insurance strategies, ensuring your claim is properly evaluated and fairly compensated.

The Settlement vs. Trial Decision

Here’s the truth: trials are rare but powerful.

Going to trial can mean 18 to 24 months of litigation. Legal fees (though most dog bite lawyers work on contingency – they only get paid if you win). Stress. Uncertainty.

But juries hate vicious dog attacks. Especially when victims are kids or the elderly. Insurance companies know this. The threat of trial often doubles settlement offers.

Most lawyers will tell you to settle if the offer covers your damages plus reasonable compensation for pain and suffering. But if liability is clear and damages are severe? If the insurance company is being unreasonable, a trial might be worth it.

Your Next Move

Dog bite cases aren’t simple injury claims. They’re complex legal battles involving insurance coverage, state laws, medical evidence, and strategic negotiation.

Over 4.5 million dog bites happen annually. Most victims never pursue compensation. They suffer the medical costs, live with the scars, and deal with the trauma alone. Don’t be one of them.

If you’ve been bitten:

1. Document everything today
2. Keep every receipt, every medical record
3. Don’t talk to insurance without a lawyer
4. Know your state’s deadline

The insurance company already has lawyers. They’re already building their defense. They’re counting on you not knowing your rights.

At DK Law, we’ve handled hundreds of dog bite cases across California. We know which insurance companies fight dirty. We know which arguments work with juries. We know how to value scarring, nerve damage, and psychological trauma.

Most importantly? We work on contingency. No win, no fee.

Stop wondering what your case is worth. Stop letting insurance adjusters minimize your injuries. Get answers from attorneys who actually take these cases to trial when necessary.

Contacte a DK Law today for a free case evaluation. Let’s talk about what really happened, what you’re facing, and what your case is actually worth.