After a dog attack, you may be entitled to compensation. However, you might be unfamiliar with settlements and how they work in dog attack cases. The experienced dog bite lawyers at Silva Injury Law, Inc. are here to answer any questions you may have about dog bite settlement amounts in California and help you fight for a fair settlement in your case.
Please don’t hesitate to contact us online or call (209) 600-4389 today for a free consultation.
What Is A Settlement In A Lawsuit?
In a lawsuit, your case may not have to go all the way to court to reach a resolution. Many times, your case may settle and you will receive an agreed-upon amount of compensation. A settlement is reached when both parties negotiate and come to an agreement.
Your dog attack attorney will work diligently to try to reach the fairest possible settlement. If both sides cannot agree, your case may need to go to trial. If that is the case, your lawyer will continue to represent you until the very end, in hopes of a fair resolution.
Compensation For California Dog Attack Cases
Damages after a dog attack serve to compensate victims after suffering injuries and incurring expenses. Depending on the circumstances of your case, damages may include:
- Medical expenses,
- Lost wages,
- Lost earning potential,
- Pain and suffering,
- Mental and emotional anguish, and
- Disfigurement.
Your dog attack lawyer will gather the relevant documentation and evidence to determine how much you are entitled to. You can expect your lawyer to fight for your rights to just compensation.
Is There An Average Dog Bite Settlement?
No two dog attacks are the same, and every case is unique. Therefore, there is no “average” settlement for dog bite cases. The value of your case will depend on certain factors, the greatest one being your injuries and medical expenses. Typically, the more severe your injuries, the higher the medical bills, and the more compensation you may be entitled to recover.
Here’s a look at the main factors to help you better understand why there is no average dog bite settlement.
Type of Injury
The nature of the injuries sustained from a dog bite significantly impacts the compensation amount. Minor injuries, such as superficial scratches or bruises, typically result in lower settlement figures compared to more severe injuries like deep lacerations, broken bones, nerve damage, or injuries requiring surgical intervention.
Responsibility for the Incident
Identifying and proving who is legally responsible for the dog bite is crucial in determining case value. Under California’s strict liability law, the dog’s owner may be held liable. However, if other parties, such as kennels, pet sitters, or landlords, had control over the dog or were aware of its dangerous tendencies, they might also be held accountable under the scienter doctrine or negligence claims.
Establishing legal responsibility can impact case value, especially in cases involving negligence. That’s because California is a comparative negligence state. If the victim was somehow partially liable, their case value could decrease proportionately. For example, if a court finds a dog bite victim to be 30% liable, they will only receive 70% of their damages.
Amount of Damages
Damages in dog bite cases generally fall into economic and noneconomic damages. Economic damages include medical bills, future medical care, lost wages, and other quantifiable losses due to the injury. Noneconomic damages cover pain and suffering, emotional distress, and loss of quality of life.
Available Insurance Coverage
The availability and limits of insurance coverage also play a pivotal role in the potential recovery in a dog bite lawsuit. Most homeowners’ and renters’ insurance policies cover injuries inflicted by pets up to a certain limit. Knowing the policy limits is essential, as they often define the upper boundary of possible compensation.
That is especially true if the responsible party lacks personal assets to cover the damages. In some cases there may be multiple policies in play, such as when numerous parties share legal responsibility for the dog bite.
How Much Is a Dog Bite Lawsuit Worth?
Many other factors also play a role in determining how much money you can get for a dog bite. We’ve settled dog bite cases in California anywhere from a few thousand dollars to $425,000.
Some of the most common factors that could affect dog attack settlements include:
- The age of the victim;
- The severity of the injuries;
- The amount of expenses incurred;
- Permanent disabilities or disfigurement; and
- Long-term effects of the incident.
Your dog attack attorney will carefully examine the details of your case to assign a value to your case. They will determine the exact amount of damages that is fair for your particular situation.
The Scope of Dog Bites in The U.S.: Data from the Insurance Information Institute
The prevalence of dog ownership and the frequency of dog bites in the United States provide crucial context for understanding the social and insurance consequences of these incidents.
According to the American Pet Products Association’s data, approximately 58 million U.S. households own dogs. This widespread pet ownership indicates a significant potential for dog-related incidents, including bites.
Incidence of Dog Bites
The American Veterinary Medical Association reports that about 4.5 million people are bitten by dogs each year in the U.S., with children being the most common victims.
This high incidence of dog bites highlights the need for effective prevention strategies and underscores the importance of understanding legal and insurance-related ramifications. In California, it’s estimated that nearly 49,000 people visit the emergency room every year for dog bites.
Impact on Insurance and Legal Fields: Insurance Coverage and Liability
Dog bites not only affect the health and well-being of individuals but also have substantial implications for homeowners’ insurance and legal liability.
Homeowners and renters insurance policies typically include coverage for liability related to dog bites, with standard liability limits ranging from $100,000 to $300,000. However, if a dog bite claim exceeds these limits, the owner is personally responsible for the additional costs. This coverage is crucial as it provides financial protection for dog owners against potential lawsuits and claims.
Breed-Specific Policies and Insurance Measures
Insurance companies vary in their approach to managing the risk of dog bites. While some insurers do not insure homeowners who own breeds classified as dangerous, such as pit bulls and Rottweilers, others assess dogs on an individual basis.
Post-incident, insurers may increase premiums or exclude the dog from coverage if it has previously bitten someone. Furthermore, some insurers require dog owners to sign liability waivers for dog bites, or charge higher rates for owners of certain breeds, reflecting the perceived higher risk associated with these animals.
Statistics on Dog Bite Claims in the United States
According to the Insurance Information Institute and State Farm, in 2023, dog bite liability claims nationwide cost homeowners insurers $1.116 billion. The number of dog bite claims rose to 19,062, marking an 8.3% increase from the previous year.
Despite the rise in claims, the average cost per claim decreased by 9.3% to $58,545. However, the average cost per claim has risen across the country by 82.5% from 2014 to 2023.
State-Specific Trends
California reported the highest number of dog bite claims in the U.S., with 2,104 incidents in 2023, followed by Florida and Illinois. Interestingly, Illinois had the highest average cost per claim at $73,797.
California’s average cost per claim was the third highest at $68,125. These statistics reveal significant state-by-state variations in the frequency and financial impact of dog bite claims.
Do You Need To Prove Anything In A Dog Attack Case?
California Civil Code Section 3342 imposes strict liability for dog attack cases. This means victims of dog attacks do not have to prove negligence to seek compensation.
The only thing you must show is that the dog attacked you, either in a public location or while you were lawfully on someone’s property, regardless of the dog’s viciousness or the owner’s knowledge of such viciousness.
Apart from the strict liability statute provided by California Civil Code Section 3342, there are two other legal doctrines under which dog bite incidents can be addressed: scienter and negligence.
Scienter Doctrine
Under the scienter (knowledge) doctrine, a case can be brought against the owner or a person in charge of the dog (like a caretaker), provided they were aware of the dog’s aggressive tendencies or previous behavior that indicated viciousness. This doctrine applies to owners and anyone with custody of the dog, such as kennel operators or pet sitters.
The key is they had to know of the dog’s propensity to bite or attack. Proving knowledge of the animal’s dangerous nature is critical, and evidence can include previous attacks or explicit warnings given by the owner or caretaker about the dog’s behavior.
Negligence Claims
In addition to strict liability and scienter, you may pursue a negligence claim. This approach focuses on proving that the dog’s owner or a responsible party failed to exercise reasonable care in controlling or securing the dog, leading to your injuries. Negligence can be claimed against anyone accountable for the dog’s care at the time of the attack.
Those potential parties include dog walkers, groomers, or veterinary staff. Establishing negligence involves demonstrating that the caretaker’s actions or lack thereof deviated from what a reasonably prudent person would have done under similar circumstances.
Contact an Experienced California Dog Attack Attorney
Silva Injury Law, Inc. has had the privilege of representing countless injured victims in California. We understand the frustrations and financial stresses that a dog attack can bring, and we’re ready to help you get on the road to recovery. Reach us online or call (209) 600-4389 today to begin working on your case.
Find Out How We Can Help
At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look out for your best interests by evaluating your unique circumstances.
If you have questions about dog bite settlement amounts in California, we can help. Contact us today for a FREE in person or remote consultation.