What is the Average Payout for a Dog Bite?

The average settlement for a dog bite in the United States hovers around $58,000. However, the final compensation amount that victims may pursue varies depending on several factors, including the severity of their injuries, the dog owner’s insurance limits, and other relevant factors.

In 2019, 50 fatalities occurred in the United States as a result of dog bites. These fatalities would result in a wrongful death claim with an expected settlement significantly higher than average. California led the nation here with nine fatalities from dog bites in the same year.

In 2023, a total of 19,062 liability claims from dog bites and dog-related injuries cost homeowners’ insurers $1.1 billion. California is a strict liability state, which means that the law holds owners liable for dog bites, regardless of whether they knew their dog was capable of biting or not.

If you get injured in such cases in California, consider hiring a personal injury lawyer experienced in dog bites who can help you seek compensation. Contact Arash Law to book a free initial consultation and learn more about California dog bite laws.

Average Payout For Dog Attacks In The U.S.

Dog bite claims that result in personal injury lawsuits currently cost America billions of dollars annually. The average payout for these claims is $58,545. California has typically ranked first in the number of dog bite claims since 2013. Based on the latest data, the state had over 2,000 claims in 2023, with an average settlement for dog bite claims of $68,000.

According to the Insurance Information Institute (III), these are the average payouts for a dog bite in 10 states in America for 2023:

1. California — Average dog bite payout of $68,125 over 2,104 claims totaling $143.3 million.
2. Florida — Average dog bite payout of $66,615 over 1,532 claims totaling $102.1 million.
3. Texas — Average dog bite payout of $59,925 over 1,040 claims totaling $62.3 million.
4. Michigan — Average dog bite payout of $69,168 over 932 claims totaling $64.5 million.
5. Ohio — Average dog bite payout of $39,119 over 885 claims totaling $34.6 million.
6. Pennsylvania — Average dog bite payout of $53,914 over 857 claims totaling $46.2 million.
7. New York — Average dog bite payout of $66,578 over 851 claims totaling $56.7 million.
8. Illinois — Average dog bite payout of $73,797 over 837 claims totaling $61.8 million.
9. New Jersey — Average dog bite payout of $62,295 over 649 claims totaling $40.4 million.
10. Georgia — Average dog bite payout of $57,572 over 495 claims totaling $28.5 million.

Some victims seek compensation for dog bite injuries. California’s legal framework provides avenues for pursuing compensation in dog bite cases, with outcomes depending on the facts and applicable law. If you aim to seek damages for your injuries, personal injury lawyers can assist you with the filing process.

Factors That Affect A Dog Bite Settlement

The actual amount that injured victims could pursue may vary depending on the specific circumstances of each case. In particular, here are the factors that affect a dog bite settlement:

Nature Of The Attack

Dog bites can happen anywhere, and the events surrounding a dog attack determine both the viability of a claim and the potential settlement a victim may pursue. California’s strict liability laws hold owners responsible for dog bites. If you are bitten by a dog, regardless of the severity of your injuries, you may be able to pursue damages from the owner.

However, strict liability doesn’t apply to dog attacks where no bite occurred. Additionally, pure comparative negligence laws may apply, meaning the award you can pursue may be reduced if the dog owner can establish that your actions provoked their dog to attack you. In such cases, pursuing compensation may be more complicated. Personal injury attorneys can evaluate your case and determine your possible options if you are in this situation.

Degree Of Personal Injury And Medical Costs

Dog bite victims who suffer serious injuries can typically seek higher settlements than those with minor cuts or scratches.

People can die from a dog bite or complications resulting from one. Infection rates are high, and you might suffer more than you expect after a bite. Without prompt treatment, a simple puncture wound may get infected and develop into sepsis, which can be life-threatening.

Plastic surgery isn’t uncommon, either. Serious dog attacks can damage facial tissues and require several reconstruction surgeries, especially among children. They may also sustain a traumatic brain injury (TBI), which may require brain surgery and rehabilitation.

The average hospital stay for a dog bite is longer than that for other injuries and can cost over $18,000. As a result, victims may acquire a higher settlement for these injuries and all the losses associated with them.

The Dunbar dog bite scale categorizes dog bites into six levels. Generally, the higher you are on the scale, the greater the settlement you can pursue.

Levels one to three lead to minor injuries that are easy to treat. They don’t often yield a significant settlement and usually only require behavioral training for dogs.

Level four and five attacks are serious cases that cause severe injuries. Aside from taking longer to treat, these injuries often result in more complications. In these cases, the dogs’ behavior may be corrected with training, but euthanasia is typically recommended to prevent further harm.

A level six attack ends in death for the victim, and euthanasia for the dog is virtually non-negotiable at this point.

Long-Term Harm

Dog bites can break bones in ways that, let’s say, the average slip-and-fall accident cannot. They can also lead to long-term nerve, muscle, or tissue damage that impairs your ability to work for life.

Essentially, victims may seek payout if the injuries they sustained leave them with permanent disabilities, such as paralysis, amputation, and loss of vision or hearing.

Long-term harm damages can also include compensation for significant pain and suffering. Post-traumatic stress disorder (PTSD), for example, has long-term consequences that affect how victims live their everyday lives. For instance, canine attacks can leave lasting emotional scars on children, manifesting as a fear of dogs or general anxiety about going outside.

Lastly, these injuries reduce the victim’s capability of providing for themselves and their family, otherwise known as a loss of earning capacity. A permanent injury can also affect their relationship with their spouse and children, enabling victims to pursue compensation due to a loss of consortium or companionship. Injury attorneys can work with medical and economic professionals to determine the long-term impact of your dog bite injuries.

Dog Owner’s Insurance Policy Limits

The amount of insurance that the dog owner has may be a factor in how much compensation you pursue. However, that does not mean a court cannot award you more than the owner’s insurance limits.

Homeowners’ insurance kicks in to provide coverage for dog bites, but it can only cover up to the policy’s limits. The dog owner will be responsible for any amount beyond that.

In some cases, the dog owner’s insurance policy may not cover dog bites or exclude the involved dog breed from coverage, which means the owner will have to bear all the costs.

Unfortunately, some owners do not have enough assets to fully compensate the dog bite victim. Even if the court decides in your favor, you may end up being unable to get the settlement claim that addresses your actual losses. Dog bite lawyers can evaluate your case and explore other legal options based on the circumstances of your incident.

Legal Representation

Dog bite claims may seem straightforward, but some victims may accept settlements that don’t fully reflect their injuries and losses. Wanting to get it over with quickly, they may end up settling with the owner without consulting a dog bite lawyer first.

Additionally, some victims get into other accidents while being chased by a dog. They can slip and fall on the sidewalk or get struck by a vehicle while running away. In these cases, their injuries aren’t directly from a dog attack, but victims may still file a claim against the owner. Such complex cases are often handled by dog bite attorneys who can help victims establish the owner’s liability.

Seeking legal representation allows victims like you to get support in pursuing compensation for your losses. Personal injury lawyers can tailor their strategies based on the specific requirements of your case.

California Dog Bite Law

California law applies strict liability to dog bites, which means that dog owners are liable when their dogs bite other people, regardless of whether they had reason to believe their dog was vicious. The only exceptions to this law are when the victim was trespassing on private property or when the dog was performing military or police duty at the time of the attack.

Civil Claims

California Civil Code 3342 a. stipulates, “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place…regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

This means dog owners can not elude liability when they invite you into their home and their dog bites you. They may also be held responsible even if the bite occurred at a dog park, provided that you didn’t provoke the dog.

Criminal Penalties

In some cases, criminal penalties may be imposed. One 2002 California dog attack case led to two lawyers being charged and convicted on murder-related charges after their Presa Canario dogs killed a neighbor.

Statute Of Limitations

If you are filing a California personal injury lawsuit after a dog bite, California Code of Civil Procedure 340 stipulates that you typically have two years from the date of the incident to do so. There are a few exceptions to this, but injury lawyers generally advise clients to file claims within the statutory time limits to protect their right to seek compensation.

Does California Follow The One-Bite Rule?

No, and this is because of the strict liability laws observed across the state of California.

Under the one-bite rule, the victim must first establish that the owner knew of their dog’s violent tendencies and was negligent in preserving the safety of others. The owners will only be held liable if the victim can clearly establish this. So, in a sense, dog owners in some states get a “free pass” for the first bite their dog makes, especially if it has no history of aggression.

In the Golden State, victims don’t have to establish that the owner had prior knowledge of their dog’s viciousness. However, the following still need to be demonstrated to establish liability:

• The defendant legally owns the dog that attacked the victim.
• The victim was lawfully on the property and not trespassing during the attack.
• The victim did not provoke the dog prior to the attack.

A dog bite injury lawyer can gather evidence to establish that the dog owner is responsible for the bite. If you somehow contributed to the attack in any way, an injury lawyer can work to protect your interests and advocate for a fair assessment of responsibility.

Different Types Of Dog Bite Cases

How do you know if you have a valid claim? You may be able to file an injury claim if a dog bites you in the following scenarios:

• Attacks from an Unprovoked Dog — Unprovoked dog attacks may provide a basis for legal claims, though each case depends on its specific circumstances. For example, you were going for a leisurely walk around your neighborhood when someone’s dog came out of nowhere and bit you. It could also be that you were delivering mail to someone’s house when the bite occurred. In both cases, you can emphasize the owner’s negligence in failing to keep the dog on a leash.
• Attacks From a Service or Support Dog — Strict liability applies even to attacks by service or support dogs. These canines are trained to behave a certain way in public places, but even with rigorous training, they may still bite people for some reason.
• Attacks From a Vicious Dog — You may be able to file a claim if a previously known vicious dog attacks you, especially if Animal Control has already been notified of the dog’s behavior and didn’t do anything. You may also have a valid case against local authorities if the dog that bit you escaped from the pound.

Can You Sue Even If You Unknowingly Provoked The Dog?

You can, but the potential compensation you can seek may be reduced. For example, you can be considered partially at fault if you get bitten while trying to pet an unfamiliar dog without the owner’s permission.

Owners are allowed to use provocation as a defense, so they will likely use it, especially in cases of dog attacks without a bite. They only have to establish that any other dog would have reacted the same way after being provoked.

If you think you share liability in a dog bite case, you will need an experienced California injury law firm to represent you and advocate for your rights.

Common Injuries Resulting From A Dog Bite

Dog bite injuries can go beyond cuts and punctures from a canine’s teeth. Victims can also fall, break some bones, or hit their heads on the ground.

Here are the common dog bite injuries that victims usually suffer from:

• Scratches and cuts
• Bruises
• Punctures
• Disfigurement
• Muscle strains and sprains
• Broken bones
• Severed limbs
• Concussions and TBIs
• Tissue damage resulting in amputation
• Nerve damage resulting in paralysis
• Infections, such as rabies, Capnocytophaga, sepsis, Pasteurella, tetanus, etc.

 Aside from physical injuries, dog bite victims also suffer emotional distress and psychological issues. For example, many children end up with anxiety and PTSD after a dog attack. These conditions usually have long-term effects, particularly on how they interact with other people and animals. They might need to undergo several sessions of therapy just to overcome their fears and traumas resulting from the dog bite.

How Does The Settlement Process Work In A Dog Bite Case?

The settlement process is essentially a bunch of back-and-forth communication between your legal counsel and the dog owner’s legal counsel. The aim of these discussions is to arrive at a settlement before the case goes to court.

Here’s an overview of how the settlement process works in a dog bite case:

Receiving An Initial Offer

You can expect to get a call from the dog owner’s insurance company as soon as they become aware of the incident. They will likely offer an amount that covers your current medical expenses in relation to the dog attack. However, insurance adjusters may not be able to factor your future treatments or doctor’s visits into this initial offer.

It is important to note that when you have accepted a settlement offer from the dog owner, the case is effectively over. You will not be able to sue them again or for more damages. Do not talk about money or settlements with a dog owner when a dog has bitten you until you have spoken with a personal injury attorney. Your dog bite lawyer can handle those conversations for you and negotiate on your behalf.

Negotiating With The Dog Owner’s Side

If you want to know if you’re not settling for an unfair offer, seek assistance from a personal injury lawyer who focuses on dog bite cases. They can represent you in negotiations with the dog owner’s insurer and advocate for your interests.

They can also guide you through these discussions so you don’t say or do anything that could affect your claim. These attorneys can help build your case and pursue compensation for your injuries and losses.

Sending A Demand Letter

If the defense counsel refuses to cooperate or settle, your injury lawyer will send them a demand letter. This letter will outline the current dispute, pointing out its risks to the defendant, especially if you end up filing a lawsuit against them. It can also put pressure on the defense counsel to produce a document necessary for the case, such as the declaration page of the dog owner’s insurance policy.

The purpose of a demand letter is to show the defendant why they should settle the dispute out of court. Often, the liable parties may be more willing to settle during this stage to avoid a costly and time-consuming lawsuit.

Filing A Lawsuit

If a settlement cannot be reached, your lawyer for personal injury cases will proceed to file a lawsuit on your behalf. During this stage, the evidence presented will be examined by the jury or a judge, who will decide on a verdict.

The defendant is allowed to keep making offers to settle the case as long as the verdict is not out yet. This implies that dog bite cases may be settled at any point before the court announces its decision.

Receiving The Verdict

Once the verdict is out and it is in favor of the plaintiff, the dog owner is obliged to pay the victim whatever amount the court sets. Keep in mind, it’s your responsibility to make the dog owner pay for your damages after the court ruling. Injury lawyers can manage this process and help you pursue the compensation for your claims.

What Compensation Can You Seek In A Dog Bite Case?

In California, the law allows victims to pursue compensation for the damages they have suffered. If you survive a dog bite or attack, it can impact your life for a little while. Some victims may be unaware of how much compensation a dog bite claim in California can bring. Dog bite attorneys can assist victims in determining the compensation that may be available to them based on the facts of their cases.

Dog owners do know this, even if you don’t. You may pursue compensation for medical costs, lost wages, or any damages that you have suffered, which you wouldn’t have suffered if a dog hadn’t bitten you.

The following damages are examples of what you can seek when you have been bitten or attacked by a dog:

• Medical costs that are occurring or are reasonably anticipated in the future.
• Deductibles on health insurance.
• Lost wages.
• Lost earning potential if you are unable to go back to work right away (or at all).
• Pain and suffering.
• Loss of consortium for you and your family if you or any family members lose affection or companionship after a dog bite injury or fatality.

In certain cases wherein the dog bite led to fatality, eligible family members of the victim may be able to seek compensation through a wrongful death claim. This claim may cover funeral costs, burial expenses, and loss of financial support, among others.

Although many states have caps on punitive damages and compensatory damages for dog bites, California does not. That means you could get more than the average settlement for a dog bite in a personal injury lawsuit or claim.

In California, if a dog bites you, you could suffer several potential damages. At Arash Law, we will advocate for the compensation available in your case. Contact our injury attorneys or book a consultation online for a free initial review of your dog bite case.

Steps To Take After A Dog Bite To Protect Your Claim

The key to having a well-supported dog bite case is to act promptly, particularly in seeking medical attention, reporting the attack, and consulting with a dog bite injury attorney. It will also benefit your subsequent claim if you take photos and videos that detail the scene.

Here’s a closer look at these tips on what to do if a dog bites you:

Seek Medical Attention

Your health is your priority after a dog attack. Get checked by a doctor, as even minor dog bites can easily become infected. If you get bitten by a rabid dog, you have to take post-exposure prophylaxis.

Aside from maintaining your safety, seeking immediate medical attention also strengthens your claim. It serves as proof of the severity of the injuries you’ve suffered from the dog attack. This is why dog bite lawyers emphasize the importance of obtaining a thorough medical evaluation.

Report The Attack To Animal Control

You must report a dog bite to the local authorities, especially if it is a stray dog or if you suspect the dog has rabies. Call the local Animal Control office or health department to inform them of the incident.

This will prompt them to conduct an investigation of the attack, where they will look into the dog’s vaccination records, collect witness statements, and gather other relevant information. Then, they will compile all their findings in a report, which can help support your claim later on. A dog bite lawyer can collect these reports on your behalf.

Document The Scene

Take photos and videos of your injuries, the dog that bit you, and other details on the scene that could show the nature of the attack. You may also acquire security footage of the incident if available.

Documenting the scene provides insight into what may have happened and who may have been involved. Moreover, it details the condition of your injuries right after the attack. Photographs and video footage help preserve evidence and establish the facts of your case. Sometimes, these dog bite cases may fall under premises liability, wherein property owners have the responsibility to maintain the safety of their spaces. Premises liability lawyers can look into the possibility of negligence in such incidents.

Consult With A Lawyer

An injury attorney can advocate for your rights throughout the case. The dog owner and their insurance company may take you more seriously if they know you’ve hired a lawyer for your dog bite case.

Furthermore, California has strict timeframes for personal injury claims. Missing these deadlines could invalidate your claim and prevent you from seeking compensation. Hiring an injury lawyer can help with the filing process, considering the applicable deadlines for your case.

How Long Does The Claims Process For Dog Bites Take?

Dog bite cases may settle within a few weeks or months. However, claims that develop into lawsuits may take several months or years to resolve.

The time it takes for you to get a dog bite payout may be influenced by certain factors, such as the defendant’s willingness to settle, the insurer’s efficiency in processing the payout, and the conclusiveness of the available evidence if the case goes to court.

A case typically gets resolved sooner if it is settled out of court. However, even if you just want to get the whole incident over with, you might still want to consider consulting with an attorney before accepting an offer. Your lawyer handling dog bite cases can manage all the legal work while pursuing compensation that reflects your injuries and losses.

Evidence Usually Required In A Dog Bite Case

Like any other personal injury case, a dog bite case requires you to have sufficient evidence to establish the liability of the at-fault party. Depending on the specifics of your case, you may need the following pieces of evidence:

• • Official Report — An official incident report from the local health department or Animal Control office can provide valuable information on the nature of the dog attack.
  • Witness Statements — Witnesses can help confirm the facts of your case, establish the owner’s liability, and support your claims.
  • Photos & Videos — A photo of your injuries or a video of the violent dog can serve as evidence to establish the events surrounding the incident.
  • Medical Documents — Hospital bills and medical records can detail the severity of your injuries, the treatment you’ve undergone, and the expenses you’ve incurred as a result of the dog bite.

• Professional Witnesses — Statements or reports from medical providers, economists, forensic investigators, and other professionals can help strengthen your claim.
• Insurance Policy — You may need a copy of the dog owner’s homeowner’s insurance policy, especially in a lawsuit, to learn about their coverage limits.
• Employment Records — Payslips and other work-related documents can help you compute the wages you lost while recovering from your injuries.

A personal injury law firm can handle the legal legwork for you by gathering relevant evidence to build your case against the dog owner.

How Many People Get Bitten By Dogs Every Year?

Around 4.5 million people in the U.S. get bitten by dogs each year. Children are commonly at risk for dog bites, often sustaining head and neck injuries in these attacks.

Almost 50 people were killed by dog bite-related incidents in the United States in 2019. The same study also revealed that 521 Americans died from dog bites across a 15-year period (from 2005 to 2019). Pit bulls (346) and Rottweilers (51) caused 76% of these deaths, which is why some insurers refuse to offer coverage to homeowners who own these dog breeds.

Frequently Asked Questions (FAQs)

What Happens If Your Dog Gets Attacked By Another Dog?

You can still file a claim against the other dog’s owner, but it will be for property damage instead of a dog bite. California’s dog bite laws only apply to human victims. As far as the law is concerned, dogs are considered property. Unfortunately, a property damage claim may not result in a significant payout, even if your dog suffers severe injuries. It may not even be enough to cover your dog’s medical bills.

What Is The 10-Day Rule For Dog Bites?

The law mandates that a 10-day quarantine period be implemented for dog bites to monitor for symptoms of rabies. Depending on the risk of rabies and applicable local laws, the quarantine period may take place at various locations. This rule should be completed and applied to all types of dogs after an attack, including vaccinated ones, with potential adjustments based on vaccination status.

Speak With Our California Dog Bite Lawyers

At Arash Law, we can represent dog bite victims. We have handled a wide range of injury cases over the years. Based on our experience in managing claims for injured victims, challenges may arise when dealing with different parties. You may need help navigating these discussions when someone else’s dog has bitten you.

Contact California’s personal injury lawyers to book a free initial consultation on your dog bite case. You can also call us at (888) 488-1391 to book an appointment and determine if you have a case.

Our team of competent injury lawyers serves clients in San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and throughout California.