How to File a Dog Bite Claim

Key Points Summary:

1. Seek medical attention and document injuries immediately

2. Gather evidence: photos, witness info, dog owner details

3. File claims with insurance companies within deadlines

When a dog attacks, your first priority isn't paperwork—it's your health and safety. Even if the bite seems minor, you need medical attention immediately. Dog bites can cause deep puncture wounds that appear small on the surface but create serious infection risks below the skin. 

Bacteria from the dog's mouth can lead to complications like cellulitis, sepsis, or rabies if left untreated. Don't let adrenaline fool you into thinking you're fine; many bite victims underestimate their injuries in the moment.

After ensuring you're safe and receiving medical care, start documenting everything while the details are fresh in your memory. Take photos of your injuries from multiple angles, capture the location where the attack occurred, and photograph the dog if it's still present and safe to do so. 

These images become crucial evidence for your claim later. If you're too injured to take photos yourself, ask someone else to do it for you—this documentation can make or break your case when dealing with insurance companies who may question the severity of your injuries.

Gathering Critical Evidence

The strength of your dog bite claim depends heavily on the evidence you collect immediately after the incident. Start by getting the dog owner's full name, address, phone number, and insurance information—treat this like a car accident where you exchange details. 

Don't let them brush you off or promise to "handle things later." If the owner becomes defensive or tries to leave, note their license plate number and any identifying details about them and their vehicle. This information becomes your lifeline when filing claims and pursuing compensation.

Witnesses can provide powerful third-party testimony that validates your version of events, especially if the dog owner later claims you provoked the attack. Get names and contact information from anyone who saw what happened—neighbors, passersby, or other dog walkers in the area. 

Ask them to briefly describe what they witnessed and whether they'd be willing to provide a statement later. Even seemingly small details from witnesses, like whether the dog was on a leash or if the owner had control, can significantly impact the outcome of your claim.

Understanding Dog Bite Laws in Your State

Dog bite laws vary dramatically from state to state, and knowing your local rules can mean the difference between a successful claim and a denied one. Most states follow either "strict liability" laws, where dog owners are automatically responsible for bite injuries regardless of the dog's history, or "one bite" rules, where owners are only liable if they knew their dog was dangerous. 

In strict liability states like California and Florida, you don't need to prove the owner was negligent—just that their dog bit you. However, one-bite states like Texas require evidence that the owner knew or should have known their dog posed a threat.

Local leash laws and ordinances also play a crucial role in strengthening your case. If the dog was running loose in violation of city leash requirements, this adds another layer of owner negligence to support your claim. Some areas have breed-specific legislation or requirements for dangerous dogs that, if violated, can increase the owner's liability. 

Research your local laws or consult with an attorney who understands your jurisdiction's specific requirements, as these details often determine whether you have a strong case worth pursuing.

When to Contact a Personal Injury Attorney

While minor dog bites with clear liability might be handled directly with insurance companies, certain situations demand professional legal help. Contact an attorney immediately if you suffered severe injuries requiring surgery, extensive scarring, nerve damage, or psychological trauma that affects your daily life. 

Complex cases involving children, attacks on public property, or incidents with multiple dogs also benefit from legal expertise. Insurance companies often try to minimize payouts for serious injuries, and experienced attorneys know how to properly value and present these claims.

Most personal injury attorneys work on a contingency fee basis for dog bite cases, meaning you pay nothing upfront and they only collect fees if they win your case. This arrangement allows you to access quality legal representation even when facing mounting medical bills. 

An attorney can handle all communications with insurance companies, gather additional evidence you might have missed, and ensure you don't accept a lowball settlement that fails to cover your future medical needs or lost earning capacity.

Filing Your Insurance Claim

Most dog bite claims are handled through the dog owner's homeowner's or renter's insurance policy, which typically covers liability for incidents that occur on or off their property. Contact the owner's insurance company as soon as possible after gathering their policy information—many insurers have strict deadlines for reporting claims, and delays can jeopardize your case. 

When you call, clearly state that you're filing a dog bite liability claim and request a claim number for future reference. Be factual about what happened, but avoid speculating about fault or accepting any blame for the incident.

Prepare to submit comprehensive documentation with your claim, including medical records, photos of your injuries, witness statements, and receipts for all related expenses. Insurance adjusters will want to see proof of the attack, evidence of your injuries, and documentation of your financial losses. 

Keep copies of everything you submit and maintain a detailed log of all communications with the insurance company, including dates, times, and the names of representatives you speak with. This paper trail protects you if disputes arise later in the process.

Calculating Your Damages

Your dog bite claim should compensate you for both immediate and long-term consequences of the attack. Medical expenses form the foundation of your damages and include emergency room visits, doctor consultations, prescription medications, physical therapy, and any future treatment your doctor recommends. 

Don't forget seemingly minor costs like bandages, antiseptic supplies, or transportation to medical appointments—these expenses add up quickly and are part of your legitimate claim. If your doctor indicates you'll need ongoing care or plastic surgery for scarring, factor these future costs into your demand.

Beyond medical bills, you're entitled to compensation for lost wages if the injury prevented you from working, even for just a few days. Pain and suffering damages account for the physical discomfort and emotional trauma you've experienced, while disfigurement compensation addresses permanent scarring or nerve damage that affects your appearance or function. 

Insurance companies often try to minimize these "non-economic" damages, but they're real losses that deserve fair compensation. Document how the injury has impacted your daily activities, work performance, and overall quality of life to support these claims.

Common Claim Challenges and Solutions

Insurance companies and dog owners often dispute liability by claiming you provoked the dog or were trespassing when the attack occurred. These defenses can significantly reduce or eliminate your compensation, so be prepared to counter them with solid evidence. If the owner claims you teased or threatened their dog, witness statements and your documented behavior before the incident become crucial. 

Many states require proof of "significant provocation" to reduce an owner's liability, and simply walking past a dog or making normal movements rarely qualifies. Keep detailed notes about your actions leading up to the bite and gather any security camera footage from the area that might show the incident.

Uncooperative dog owners and their insurance companies may try to delay your claim, hoping you'll accept a low settlement or give up entirely. Some owners will deny their dog bit you, claim it was a different dog, or refuse to provide insurance information. When faced with these tactics, document every interaction and consider involving local animal control or police to create an official report. 

If the insurance company stops responding or makes an unreasonably low offer, this signals it's time to involve an attorney who can apply pressure and escalate the claim appropriately.

Settlement vs. Lawsuit Decision

Most dog bite claims settle out of court, but knowing when to accept an offer versus filing a lawsuit requires careful consideration of several factors. Accept a settlement if it fully covers your medical expenses, lost wages, and provides fair compensation for pain suffering, and you've reached maximum medical improvement so you know the full extent of your injuries. 

However, reject lowball offers that don't account for future medical needs, especially if doctors indicate you'll need additional surgery, ongoing therapy, or treatment for permanent nerve damage. Insurance companies often make initial offers that are 20-30% of what your case is actually worth, hoping you'll take quick money rather than fight for full compensation.

Filing a lawsuit becomes necessary when settlement negotiations stall or the insurance company denies valid claims without justification. Lawsuits also make sense for severe injuries with damages exceeding the dog owner's insurance policy limits, as you may need to pursue the owner's personal assets. 

Keep in mind that lawsuits take 12-24 months to resolve and involve depositions, court appearances, and extensive documentation. However, insurance companies often increase settlement offers significantly once a lawsuit is filed, as they face the prospect of a jury award that could be much higher than their original offer.

Protecting Your Rights Throughout the Process

Several common mistakes can weaken or destroy your dog bite claim, so avoid them at all costs. Never give a recorded statement to the dog owner's insurance company without consulting an attorney first—adjusters are trained to ask leading questions that can make you appear partially at fault. 

Don't post about your incident on social media; insurance companies regularly monitor claimants' online activity for evidence that contradicts injury claims. Posting photos of yourself hiking or playing sports while claiming ongoing pain and limitation gives them ammunition to deny your claim.

Maintain meticulous records of everything related to your claim, from medical appointments and prescription refills to communications with insurance representatives. Create a dedicated file or folder where you store medical records, receipts, correspondence, and photos in chronological order. 

This organization helps your attorney build a stronger case and ensures you don't miss deadlines or forget important details months later. Keep tracking your symptoms, limitations, and how the injury affects your daily life in a journal—this documentation supports pain and suffering claims and helps you remember specific impacts when giving statements or testimony.

Your Next Step: Turning Legal Rights Into Real Recovery

Filing a dog bite claim can feel overwhelming when you're dealing with injuries, medical bills, and insurance companies that seem determined to pay as little as possible. Remember that you have legitimate rights to compensation, and taking action promptly protects those rights from disappearing due to deadlines or fading evidence. 

The steps outlined above—seeking immediate medical care, gathering evidence, understanding your state's laws, and properly documenting your damages—form the foundation of a successful claim that gets you the compensation you deserve.

Don't let insurance companies intimidate you into accepting less than your case is worth, and don't navigate this process alone if your injuries are serious or the claim becomes complicated. At Burnside Brankamp Law, we understand that dog bite victims need compassionate support and aggressive advocacy to secure fair compensation. 

Our experienced personal injury team offers free case reviews to evaluate your claim and explain your options with no obligation. Contact us today to discuss how we can help you defend your rights and protect your future—because recovering from a dog attack shouldn't mean fighting the legal system alone.