How Long does it take to Settle a Dog Bite Injury Lawsuit?

Dogs have been man’s best friend for over 10,000 years. They became even more popular during the pandemic, as people sought companionship while they were in quarantine. But dog ownership comes with many responsibilities, like keeping your dog from causing harm to others. This is a sensitive issue in California, which has more dog bite incidents on a yearly basis than any other state. Victims often sustain life-long injuries, including scarring, disfigurement, nerve damage, puncturing of vital organs, and even death.

California allows dog bite victims to sue the owner for their injuries, so it’s important to learn about your legal options from an experienced attorney. Perhaps you’re past this stage, and have already filed a lawsuit against the dog owner. Either way, there are surely many questions on your mind regarding your rights as a dog bite injury victim.

Today, we will focus on one question we’ve received countless times from our clients: How long it takes to settle a dog bite injury lawsuit in California?

How Much Time does it take to Settle a Dog Bite Case?

The California Court system has no deadline for how long it takes to settle a dog bite injury claim. That would be unfair, since each case is different in terms of complexity, degree of injury, and the victim’s financial and emotional losses.

Ideally, the dog owner’s insurance company is willing to work with you and settle your claim as soon as possible. If you have minor injuries and the details of your accident are fairly straightforward, there’s a good chance you’ll be paid within the first 6 months. Some of our claims have settled in as little as 30 days, but again, this was due to the insurance company’s willingness to cooperate. Keep in mind, though, that major insurers are reviewing thousands of claims at a time. It could be several weeks before your case reached an adjuster’s desk, then several weeks after that until you receive a response.

But what if my Claim is Denied, or I’m not Happy with the Offer?

If your claim is denied, our lawyers can help you appeal the insurance adjuster’s decision. If it’s the settlement offer you’re not happy with, we, can make a counter-offer that’s more in line with the compensation you deserve. Frankly, this is often the case with insurance companies, who want to get away with paying as little as possible. Either process can take several months to a year on average, but hopefully, it will end with your case being settled out of court.

If the insurance company continues to deny your claim or refuses to negotiate a fair settlement, you have the option to file a lawsuit. The timeline really increases at this point, since there’s a lot of work both sides have to do in order to prepare for a trial. However, we ask for a mediation date early in the lawsuit process, which will give both sides one last chance to agree on a settlement without court intervention. But it usually takes several months to get a mediation date, so by the time you’re at the settlement conference, it could be a year or more from the day you were injured. And if your case goes to trial, you’re looking at 2 years or more until your case is resolved.

Strict Liability in Dog Bite Cases

Liability, i.e., finding someone responsible for an accident, is critical to suing the right party in a personal injury lawsuit. Dog owners will fight tooth and nail to deny liability by saying things like:

“My dog’s never bitten anybody before!”

“No one’s ever complained about my dog being aggressive.”

“My dog was scared by something they did and lashed out. They didn’t mean to bite.”

Unfortunately for dog owners, none of these circumstances matter in a dog bite injury lawsuit with the California courts. According to California’s strict liability statute, an owner is responsible for a dog bite accident “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” As the courts see it, protecting the public from your dog is your legal responsibly as an owner. If you fail in that duty, you are liable for the resulting injuries. A few exceptions apply to this rule, for example, if the dog was a K-9 officer that was performing its duties. Or, the injured party was a trespasser and the dog lashed out to guard the property or protect their owner.

But these exceptions are rare, and in general, the law is on your side if you’ve been bitten by a dog. But you must act quickly to start your claim and receive the monetary funds needed for your recovery. Call our office and speak to a dog bite injury lawyer during a free consultation.

State of Limitations in Dog Bite Injury Cases

An important consideration with dog bite claims is how long you should wait before you request compensation. You can, of course, file a claim right after the accident. But if you have serious injuries, it might take months for you to fully heal, and for the doctor to assess the long-term impact of your injuries. By waiting, you may be able to determine a more accurate settlement amount.

On the other hand, you have to think about California’s statute of limitations, which gives you two years from the date of the accident to file an injury claim. So the longer you wait, the more you risk running out of time to file your lawsuit. To protect your right to compensation, speak to a lawyer right away if you are the victim of a dog bite injury. Our attorneys can advise you on whether or not you should wait on a claim, and make sure that your paperwork is filed in a timely manner.

Damages You can Recover from a Dog Bite Injury Claim

In a lawsuit for dog bite injuries, you are able to ask for compensation in the following areas:

• Medical expenses
• Emotional trauma (pain and suffering)
• Lost wages
• Lost earning capacity
• Legal fees
• Punitive damages

Not every case will qualify for punitive damages, which is awarded if the at-fault party’s actions amounted to “oppression, fraud or malice.” In dog bite cases, malice is committed when the dog owner acts “with a willful and conscious disregard of the rights or safety of others.” For example, the owner knew the dog had bitten people before, but he regularly took it for walks without a leash. If the dog ends up attacking someone during a walk, the victim may have a claim for punitive damages.

Sometimes, dog bite attacks are vicious enough to cause death. If you lost your family member or loved one in a dog bite incident, please give us a call to learn about your right to wrongful death compensation. This type of claim will help you recover:

• Medical bills left behind by the victim
• Funeral expenses
• Loss of expected income
• Loss of benefits, gifts, and inheritance
• Loss of consortium

Wrongful death claims are complicated, with special rules on filing procedures and who is eligible to ask for compensation. For more information, contact the wrongful death lawsuit attorneys of Normandie.

How Much Can I Receive from a Dog Bite Injury Lawsuit?

Case values for dog bite injuries are all over the map, but there are statistics regarding the national average settlement value for dog bite lawsuits. In 2020, the average value for dog injury settlements in the U.S. was $50,425. It’s important to note that this is a national average, and that the amounts in California are generally higher.

To give you an idea of what dog bite injury settlements look like in California, take a look at the following examples:

• The parents of a 3-year-old boy filed an injury claim after a neighbor’s dog bit him in the face. This was a dog with no prior history of aggression, and the owner argued that the dog was provoked by the child. However, the dog was running around unleashed at the time, and the owner is legally responsible for the dog’s actions. As neighbors, both sides agreed to settle the case for $18,000.

• A 13-year old girl was walking past a yard where a dog was chained to a tree. She smiled and waved to the dog, which the animal perceived as a threat. He pulled on the chain until it broke and attacked the girl, who sustained permanent scarring on both arms. Her parents sued the owner and recovered $270,000 for their daughter’s physical and emotional injuries.

• A man who was riding his bike was pulled to the ground by a dog and bitten viciously all over his body. The dog had broken though the fence and went after the cyclist, leaving him disfigured for the rest of his life. The case went to trial, and the client was awarded punitive damages on top of his settlement. This was due to the dog’s history of aggression and the owner’s failure to keep the dog behind adequate fencing. In total, the client was awarded $1,300,000.

The range in compensation goes to show you that no two dog bite cases are alike. Victims have different losses based on factors like age, earning potential, and long-term damage to their physical and mental health. Your own case value will be different than these examples, but please be assured that we will fight for the full range of compensation you’re entitled to.
Our Recent Verdicts and Settlements

What are my Rights if I want to Switch Lawyers?

If you’ve filed a compensation claim already, you may be at the stage where you’re unhappy with your lawyer. Maybe it’s the lack of communication, or the lack of action without any explanation for the delays. No matter the issue, you have the right to switch attorneys at any point in your case. But we’d like to speak with you about your concerns and help you make an informed decision. That’s why we invite you to come and see us for a free second opinion. We’ll be happy to look your attorney’s work and alert you to any red flags that can compromise the outcome of your case. If you’d like to switch to our law firm, we’ll work out a payment arrangement with your current attorney and notify the court of your change in counsel.

Have you filed a dog bite injury claim or lawsuit, but are frustrated with the lack of progress on your case? Are you dissatisfied with the level of service you’re getting from your current lawyer? If so, please call our office and schedule a free second opinion.

The Personal Injury Lawyers of Normandie

The pain and trauma associated with a dog bite incident can last you for life, even if you’ve always been a dog lover. Even after you heal from your physical injuries, the emotional damage can take years to recover from. Whether you’re a dog bite victim, or your loved one was killed by a dog attack, we will fight tirelessly for your right to compensation. Our commitment to injury victims is why we offer a Zero fee guarantee, which makes all our services free , starting with your free consultation or free second opinion. We ask for our fees directly from the liable party, so the only way we get paid is if you get paid.

If you’re ready to take action and claim the damages you deserve, call Normandie Law Firm and speak to a dog bite injury attorney.