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Everything You Should Know About Dog Bite Settlements
by
JG Wentworth
•
July 1, 2025
•
10 min

According to Forbes Advisor, 65.1 million U.S. households own a dog as of 2025. And while we all love our puppies and can’t imagine them ever hurting anyone, all it takes is one incident to find yourself mired in a lawsuit. This is doubly unpleasant if you find yourself the victim of a bite.
The unfortunate reality is, dog bite incidents can be traumatic, painful, and costly experiences that leave victims dealing with physical injuries, emotional trauma, and mounting medical bills. Understanding dog bite settlements is crucial for anyone who has been attacked by a dog or owns a pet that may pose liability risks.
Understanding dog bite law fundamentals
Dog bite laws vary significantly across jurisdictions, but most states follow one of two primary legal frameworks: strict liability or the “one bite rule.” Under strict liability statutes, dog owners are automatically responsible for injuries their pets cause, regardless of the animal’s history or the owner’s knowledge of aggressive tendencies. These laws typically apply when the victim was lawfully present and not provoking the animal.
- The “one bite rule,” still used in some states, requires proof that the owner knew or should have known about their dog’s dangerous propensities. This often means demonstrating previous aggressive incidents, though it doesn’t literally require a prior bite. States following this approach may consider factors like the dog’s breed, training, and behavioral history.
- Negligence-based claims represent another avenue for pursuing compensation. These cases focus on whether the owner failed to exercise reasonable care in controlling their dog or preventing the attack. Common examples include failing to properly secure fencing, walking a known aggressive dog without a leash, or ignoring local leash laws.
Factors that influence settlement amounts
Settlement values in dog bite cases depend on numerous interconnected factors.
- The severity of injuries typically serves as the primary driver of compensation amounts. Minor puncture wounds that heal quickly result in lower settlements, while severe injuries requiring extensive medical treatment, multiple surgeries, or causing permanent disfigurement command significantly higher compensation.
- Medical expenses form the foundation of most settlement calculations. This includes emergency room visits, surgical procedures, wound care, plastic surgery, physical therapy, psychological counseling, and ongoing treatment costs. Future medical expenses must also be considered, particularly for injuries requiring long-term care or additional reconstructive procedures.
- Lost wages and diminished earning capacity represent major components of larger settlements. Victims who miss work during recovery or suffer permanent disabilities affecting their ability to earn income deserve compensation for these economic losses. This calculation becomes complex when dealing with career-ending injuries or reduced earning potential over many years.
- Pain and suffering damages compensate victims for physical pain, emotional distress, and reduced quality of life. These non-economic damages are often the most subjective aspect of settlement negotiations. Factors influencing pain and suffering awards include the intensity and duration of pain, scarring or disfigurement, psychological trauma, and impact on daily activities and relationships.
- The location of injuries significantly affects settlement values. Facial injuries, particularly those affecting children, typically result in higher compensation due to scarring concerns and psychological impact. Hand and arm injuries may impair work capacity, while leg injuries can affect mobility and quality of life.
- Age plays a crucial role in settlement calculations. Children often receive higher settlements for similar injuries because they face longer lifespans with scarring or disfigurement, potential psychological effects extending into adulthood, and possible social stigma affecting their development and relationships.
The settlement process step by step
- The settlement process typically begins immediately after the incident with proper documentation and medical care. Seeking immediate medical attention is crucial, even for seemingly minor injuries, as infections and complications can develop. Thorough medical documentation provides essential evidence for later settlement negotiations.
- Reporting the incident to local animal control authorities creates an official record and may trigger investigations into the dog’s history and owner’s compliance with local regulations. Police reports, while not always required, can provide valuable third-party documentation of the incident circumstances.
- Collecting evidence forms a critical early step in building a strong settlement case. This includes photographing injuries at various healing stages, documenting the attack location, gathering witness contact information, and preserving clothing damaged during the attack. Medical records, bills, and treatment plans provide concrete evidence of injury severity and treatment costs.
- Insurance notification typically occurs early in the process, as most dog bite claims are covered under homeowner’s or renter’s insurance policies. The dog owner should report the incident to their insurance company promptly, though victims may also contact the insurer directly if the owner fails to report.
- The investigation phase involves insurance adjusters reviewing the claim, examining evidence, interviewing witnesses, and assessing liability. This process can take several weeks or months, depending on case complexity and the clarity of liability issues.
- Settlement negotiations often begin once the investigation concludes and medical treatment reaches maximum medical improvement. Initial settlement offers from insurance companies are typically low, expecting counteroffers and negotiations. Successful negotiations require thorough documentation of all damages and a clear understanding of fair compensation ranges for similar cases.
Types of compensation available
Economic damages represent quantifiable financial losses directly resulting from the dog bite incident. Here are the most common forms of compensation:
- Medical expenses form the largest category, encompassing emergency treatment, hospitalization, surgery, medications, physical therapy, and ongoing care costs. Future medical expenses must be carefully calculated, particularly for injuries requiring long-term treatment or additional procedures.
- Lost wages compensation covers income lost during recovery periods. This includes salary, hourly wages, commissions, bonuses, and other employment benefits. Self-employed individuals can claim lost business income with proper documentation. Calculating lost wages requires employment records, tax returns, and employer statements confirming missed work periods.
- Property damage compensation covers torn clothing, damaged personal items, and other property destroyed during the attack. While often relatively minor compared to medical expenses, these costs should be documented and included in settlement demands.
- Non-economic damages compensate for intangible losses that don’t have specific monetary values. Pain and suffering represents the most common category, covering physical pain, emotional distress, anxiety, depression, and reduced enjoyment of life activities.
- Disfigurement and scarring damages provide compensation for permanent physical changes affecting appearance. These awards consider scar location, size, visibility, and impact on the victim’s life. Facial scarring typically commands higher compensation than scars on areas normally covered by clothing.
- Loss of consortium damages may be available to spouses of severely injured victims, compensating for the impact on marital relationships, companionship, and intimacy. These claims are typically reserved for cases involving serious, permanent injuries.
- Punitive damages are rarely awarded in dog bite cases but may be available in extreme situations involving particularly egregious owner conduct, such as intentionally setting a dog on someone or knowingly harboring an extremely dangerous animal despite repeated warnings.
Maximizing your settlement value
In addition to the aforementioned settlement steps (thorough documentation, etc), here are some additional ways you can get the most out of your settlement:
- Professional legal representation significantly improves settlement outcomes in serious dog bite cases. Experienced attorneys understand insurance company tactics, know fair settlement ranges for different injuries, and can negotiate effectively on behalf of victims. They also ensure all procedural requirements are met and deadlines observed.
- Expert witness testimony can strengthen complex cases involving severe injuries, disputed liability, or significant future damages. Medical experts can testify about injury severity, treatment necessity, and long-term prognosis. Economic experts can calculate lifetime earnings losses and future care costs.
- Patience in negotiations often leads to better outcomes than quick settlements. While the desire to resolve cases quickly is understandable, accepting the first offer or rushing into agreements before reaching maximum medical improvement typically results in inadequate compensation.
- Alternative dispute resolution methods like mediation can provide middle-ground solutions when negotiations stall. These processes are typically faster and less expensive than litigation while still allowing for fair resolution of disputes.
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Settlement vs. litigation considerations
Settlement advantages compared to lengthy court proceedings include:
- Faster resolution
- Lower costs
- Guaranteed outcomes
- Privacy
- Reduced stress
Most dog bite cases settle out of court, avoiding the uncertainty and expense of trials.
Litigation may be necessary when settlement negotiations reach impasses, insurance companies act in bad faith, or when settlement offers are unreasonably low compared to actual damages. Some cases with clear liability and severe injuries may achieve better results through trial verdicts than settlement negotiations.
Cost-benefit analysis should consider attorney fees, court costs, expert witness expenses, and time investment against potential recovery differences between settlement and trial outcomes. Contingency fee arrangements with attorneys can align interests and reduce upfront costs for victims.
Time considerations favor settlement for victims needing immediate financial relief for medical expenses or lost wages. Trials can take years to complete, while settlements typically resolve within months of reaching maximum medical improvement.
Special circumstances
- Children’s cases require special attention due to their vulnerability and potential for long-term impacts. Courts often require approval of minor settlements, and considerations include future psychological effects, scarring impact on development, and lifetime consequences of injuries.
- Multiple victim incidents create complex liability and coverage issues. Available insurance coverage must be allocated among victims, potentially reducing individual recovery amounts. Early legal intervention can help protect individual interests in these situations.
- Breed-specific considerations may influence case strategy and settlement negotiations. While breed discrimination is controversial, some breeds face enhanced scrutiny in legal proceedings, potentially affecting settlement values and negotiation approaches.
- Business or commercial property incidents may involve additional liable parties beyond dog owners. Property owners, managers, or businesses allowing dogs on premises may bear partial responsibility for attacks occurring on their property.
The bottom line
Dog bite settlements involve complex legal, medical, and financial considerations that significantly impact victim recovery and compensation. Understanding the settlement process, available damages, and factors affecting compensation helps victims make informed decisions about their cases.
While minor dog bite incidents may be resolved directly with insurance companies, serious injuries typically benefit from professional legal representation to ensure fair compensation. Thorough documentation, patient negotiation, and comprehensive damage calculation maximize settlement values and provide better outcomes for victims.
The physical and emotional trauma of dog attacks deserves proper compensation, and understanding settlement processes empowers victims to pursue fair recovery for their injuries and losses. Whether pursuing settlement or litigation, knowledge of these principles provides the foundation for achieving just compensation in dog bite cases.
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SOURCES CITED
Megna, M., “Pet Ownership Statistics 2025.” Forbes Advisor. January 2, 2025.
* JG Wentworth does not provide pre-settlement/lawsuit funding services. All leads are brokered to unaffiliated third party providers by Peachtree Funding Northeast, LLC.
The information is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.