In most cases, you pursue a
claim
against the dog’s owner in a bite lawsuit. Usually the owner will have some type of insurance that provides coverage. This could be homeowners or renters insurance or an umbrella policy. The insurer will likely try to work out a settlement with you to avoid going to court or will pay damages up to policy limits if you are successful in a dog bite lawsuit at trial. A settlement allows you to recover compensation without having to go to court, but once you settle you give up your right to make any future claims arising out of the bite incident.
Selecting a seasoned dog bite lawyer is probably the most important decision you will make during the entire claims process. A lawyer can help you: investigate your claim determine the true value of your claim analyze the insurance policy to determine the scope and extent of coverage draft a dog bite injury demand letter to send to the insurance company as a third-party claimant negotiate generous dog bite injury settlements, with no need for you to participate in negotiations. The final decision on settlement, however, is yours alone to make file a lawsuit if necessary go to trial if necessary going to trial is not normally necessary, because most of our clients’ dog bite claims settle out of court.
What Is the Average Worth of a Dog Bite Settlement?
The average cost of a dog bite claim is around $49,000, according to data that state farm releases every year. Dog bite claim settlements are so costly because they may include several expenses, including medical bills, legal fees, pain and suffering, and lost wages. In fact, dog bite claims are one of the most expensive homeowners insurance claims to settle.
Fire and lightning are by far the costliest, averaging more than $68,000 a claim. Dog bite claims are the second most expensive type of claim, at more than three times the cost of the average wind or hail claim, and more than eight times the average theft claim.
A dog bite refers to the damage caused by the mouth, jaws, and teeth of a domesticated dog. Bites can come from large dogs and small ones, whether healthy or infected with a disease like rabies. When a dog bite is serious enough to either require you to undergo significant medical treatment or impact your life—or, more commonly, both—then you might have the grounds for a dog bite claim. This is a civil claim, not a criminal matter, and through your claim, you would be seeking financial compensation. Average dog bite settlement amounts vary by state, but the national average dog bite claim payout in 2020 was $50,425, according to the insurance information institute.
What Are the Factors That Affect the Dog Bite Settlement Amount?
The amount of time it takes to reach a settlement agreement and receive compensation in dog bite claims depends on factors such as the types of injuries sustained, medical expenses, and if negligence is obvious. Collecting evidence that proves liability and presenting it early to the insurance company will speed up the compensation process. Insurance carriers are unlikely to offer a reasonable settlement before the extent of your injuries and expenses are known, so accepting a quick payment may prevent you from receiving full compensation. In most cases, you will get compensation within 30 days after a settlement agreement or trial verdict.
If the bite is clearly visible, such as the face, head, hands, or arms, which is often the case as people love to pet and talk to dogs, that may raise the amount of compensation. If there are long-term effects, such as loss of bodily function, the need for reconstructive surgery, rehabilitation, etc. , that can also affect the settlement. Read more about the common types of injuries from dog bites here.
Liability insurance is important when your dog seriously injures someone, but sometimes the injury is minor. If a neighbor needs to go to the doctor for a few stitches after a bite, they might not be interested in squeezing every dime they can out of you, especially if it was an accident or their fault. In those less serious cases, your homeowners insurance medical payments coverage will come into play. This is no-fault insurance, which basically means coverage depends on what happened, not why it happened or who did what. Medical payments coverage usually comes in lower amounts than liability insurance and can be used for smaller medical bills.
Patrick r. Kelly is your dog bite attorney serving the dallas/fort worth area. Thousands of dog bite attacks occur in texas each year leaving many victims maimed, injured, or even killed. When an irresponsible pet owner fails to prevent unwarranted attacks, a skilled lawyer can seek compensation against that owner for his or her negligence. Man’s best friend can turn into man’s worst nightmare. If a vicious dog injures an innocent person, the victim will have to navigate the evolving texas law on the subject to obtain monetary recovery. Statutes, case law, and municipal codes all usually play a role in determining whether a victim may pursue a claim.