How to File Dog Bite Claims for Damages | PersonalInjuryLawyer.com

Dog bite claims make up one-third of all homeowner insurance liability claims and cost insurers over $350 million each year according to the Insurance Information Institute. The average cost of a dog bite claim was $24,511 in 2007, which was an increase of 11.5% from the previous year.

Filing a Personal Injury Claim

Every state has what they call the “statute of limitations” when filing a personal injury claim. These are laws set by the government of each state that give citizens a restricted amount of time in which they can take legal action after suffering an injury or loss. The statute of limitations not only varies from state to state, but can also vary in local jurisdictions. Therefore, it’s best to act quickly if you want to file a claim.

The first thing your attorney will do is to file a “summons and complaint”. This is a legal document that requires the defendant to respond to the complaint described by the plaintiff. This usually outlines the settlement amount that the victim is seeking in order to be compensated for their injuries. The dog owner can either accept the amount requested in the settlement or provide a counteroffer. Your attorney will continue to negotiate with the defendant to settle the matter. If the two parties are unable to reach an agreement, the case then goes to trial. During trial, the plaintiff’s attorney will present evidence and use witness testimony to show that the defendant is responsible for the attack. The jury will consider all the evidence during the deliberation. Once a verdict is decided, the case is then concluded.

Filing a Claim Against the Insurance Company

Certain types of insurance may cover the dog owner in the event of an injury. A victim may be able to file a claim against the owner’s insurance company, which could include:

Homeowners or Renter’s Insurance—The personal liability provision of this type of policy will generally cover dog bite injuries. Certain dog breeds might be excluded.
Personal Umbrella Liability Policy—The dog owner may have an umbrella policy that provides coverage over and above that provided in the homeowner’s policy.
Dog Owner Insurance—An owner may have purchased a separate policy that specifically provides coverage for dog bite claims. Sometimes they have coverage limits and may require the dog be leashed or confined when outside.
Auto Liability Insurance—This may cover a claim if the dog bite occurred in the car.

Some insurers provide coverage for all breeds, but most change the rules once a dog has bitten someone.

How a Lawyer Can Help

An experienced personal injury attorney can help you file a claim for damages if you have been the victim of a dog bite or attack. You have the right to seek compensation for past and future medical expenses, pain and suffering, property damage and loss of income. Contact a personal injury attorney for advice regarding your specific case.

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