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A dog bite can cause severe injuries and lasting emotional trauma. If you have filed a legal claim, you are probably wondering what happens next.
So, what should you expect during a dog bite lawsuit? You can expect settlement negotiations with the insurance company, followed by the filing of a lawsuit, mediation, and, if necessary, a trial.
If you try to handle your own dog bite lawsuit, you may not receive fair compensation. A Rutherfordton dog bite lawyer can assist with your case and help you obtain the maximum possible settlement.
What Should I Expect During a Dog Bite Lawsuit?
Every dog bite case is different. That said, most dog bite lawsuits involve these stages:
- Investigation and evidence gathering: Your lawyer will collect witness statements, animal control reports, medical records, and proof of lost wages to strengthen your claim.
- Insurance claim filing: Most dog bite claims are filed against the dog owner’s homeowner’s or renter’s insurance policy. The insurance company then assigns an adjuster to evaluate the claim.
- Settlement negotiations: Before a lawsuit ever reaches a courtroom, negotiations typically take place. Your attorney will present evidence of liability and damages, and the insurer may respond with an offer.
- Filing a lawsuit (if necessary): If negotiations fail, your attorney will file a formal complaint in court. This begins the litigation process.
- Discovery phase: During this stage, both sides exchange information, conduct depositions, and review evidence. This can take months, depending on the complexity of the case.
- Mediation: Many courts require mediation before trial. During this phase, a neutral third party facilitates negotiations to reach a voluntary settlement.
- Trial: If mediation does not result in an agreement, the case proceeds to trial, where a judge or jury will hear evidence, listen to witness testimony, and decide whether to award compensation.
What Happens at Trial?
Though most dog bite lawsuits settle, some proceed to trial. During a trial:
- Both sides present opening statements.
- Witnesses testify.
- Medical experts may explain the extent of your injuries.
- Evidence such as photographs and medical records is introduced.
- Attorneys make closing arguments.
- A judge or jury delivers a verdict.
Trials can last from a single day to several weeks, depending on the complexity of the case. While trials offer the possibility of higher compensation, they also involve greater risk, which is why it’s crucial to have representation.
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How Long Does a Dog Bite Lawsuit Take?
There is no universal timeline for dog bite lawsuits. Some cases settle within a few months, while others take a year or more.
Factors that affect a lawsuit’s duration include:
- The severity of your injuries
- Whether liability is disputed
- The amount of insurance coverage available
- Court schedules
- The willingness of both sides to negotiate
What Types of Damages Can You Recover in a Dog Bite Lawsuit?
Victims of dog bites may be entitled to compensation for both financial losses and personal suffering.
The primary types of damages include:
- Medical expenses: You can recover compensation for emergency care, surgery, medication, therapy, and any future treatment related to your injury.
- Lost wages: You can seek compensation for income you lost while recovering and for reduced earning capacity if your ability to work has been affected.
- Pain and suffering: You can receive damages for physical pain, emotional distress, and the impact the injury has had on your quality of life.
- Scarring and disfigurement: You can pursue compensation for permanent scars or disfigurement, particularly if your injuries affect visible areas, such as the face.
- Psychological counseling: You can recover the costs of mental health treatment if the attack caused anxiety, post-traumatic stress disorder (PTSD), or other emotional harm.
In severe cases where the dog owner acted recklessly or ignored known risks, punitive damages may also be awarded. These damages are designed to punish wrongdoing and deter similar behavior in the future.
The Role of Insurance Companies in Dog Bite Cases
Most dog bite claims involve insurance companies. While homeowner’s insurance policies often cover dog-related injuries, insurers are businesses focused on minimizing payouts.
As such, adjusters may:
- Request recorded statements
- Downplay the severity of your injuries
- Argue that you provoked the dog
- Offer a quick settlement before you understand the full extent of your injuries
Accepting the insurance company’s first personal injury settlement offer is not advisable. Once you settle, you typically waive your right to pursue additional compensation, which is why you should speak to a lawyer before signing anything.
How to Strengthen Your Dog Bite Lawsuit
While no outcome is guaranteed, there are steps you can take to strengthen your dog bite lawsuit. Be sure to:
- Obtain the dog owner’s contact and insurance information.
- Seek medical attention immediately after the accident.
- Call local animal control or the police to file a report.
- Follow your doctor’s treatment plan.
- Keep copies of all medical bills and other documentation related to the accident.
- Document your recovery with photos.
- Consult a personal injury lawyer as soon as possible.
Talk to a Dog Bite Attorney
Dog bite lawsuits can be long, stressful affairs. If you intend to file one, a dog bite attorney from Farmer & Morris Law, PLLC, can provide guidance and support throughout the legal process and help you secure the compensation you are entitled to.
Book a free case review to discuss your legal options with a lawyer.
