You’re walking your dog in downtown Pueblo when suddenly, another dog breaks free from its leash and attacks. Or maybe your neighbor’s “friendly” golden retriever just bit your kid at a backyard barbecue. Now what?
If you’re dealing with a dog bite situation in Colorado, you’re probably wondering how the insurance investigation process works. Trust me, it’s not as straightforward as you might think. After helping countless folks through these situations over the years, I can tell you that understanding this process upfront can make all the difference in getting what you’re owed.
So, let’s break down everything you need to know about dog bite insurance investigations in Colorado – from what happens in those first few important hours to how insurance companies really operate behind the scenes.
Why Dog Bite Insurance Investigations Really Matter
Here’s something most people don’t realize: the insurance investigation that happens after a dog bite can totally make or break your case. I’ve seen situations where someone gets a big settlement, and others where the victim gets practically nothing – and the difference often comes down to how well they understood and prepared for the investigation process.
In Colorado, we handle dog bite cases a bit differently than some other states. We follow what’s called a “strict liability” rule for dog bites. This basically means that dog owners are responsible for their pet’s actions, even if the dog has never bitten anyone before. But here’s the catch – insurance companies don’t just roll over and pay out claims because the law says they should.
Oh no, they’re going to investigate. They’re going to look for reasons to reduce or deny your claim. And if you don’t know what’s coming, you might accidentally hurt your own case.
The Real Story Behind Dog Bite Numbers in Colorado
Before we get into the nitty-gritty of investigations, let’s talk numbers. Colorado sees thousands of dog bite incidents every year, and the costs are staggering. We’re talking about medical bills that can easily hit $50,000 or more for serious bites, especially when plastic surgery or long-term treatment is involved.
What really gets me is how many of these cases involve kids. Children make up a huge percentage of dog bite victims, and their cases are often the most complicated from an insurance perspective. Kids can’t always clearly explain what happened, which gives insurance companies more room to question the circumstances.
I’ve handled cases where a child needed multiple surgeries after a dog attack, racking up hundreds of thousands in medical bills, only to have the insurance company initially offer a settlement that wouldn’t even cover the first surgery. This is exactly why understanding the investigation process is so important.
How Colorado’s Dog Bite Laws Affect Insurance Investigations
Colorado Revised Statute 13-21-124 is the law that covers dog bite cases in our state. It’s pretty clear-cut: if a dog bites someone who’s lawfully on public or private property, the owner is responsible for the damages. Period.
But insurance companies have gotten really good at finding ways to complicate this straightforward law. They’ll look for any reason to argue that you weren’t “lawfully” where you were, or that you somehow provoked the dog. During their investigation, they’re specifically hunting for evidence to support these defenses.
I remember one case where a postal worker was bitten by a dog while delivering mail. Seems like a slam-dunk case, right? The insurance company spent weeks investigating, trying to prove that the postal worker had somehow provoked the attack by making sudden movements. They even hired an animal behavior expert to analyze the incident. Thankfully, we were prepared for this and had our own evidence ready.
What Gets a Dog Bite Insurance Investigation Going
Not every dog bite automatically starts a full-scale insurance investigation. Here’s what typically gets the ball rolling:
Medical Treatment Reports
The moment you seek medical treatment for a dog bite, you’re creating a paper trail. Emergency rooms and urgent care centers are required to report dog bites to local health departments, and these reports often find their way to insurance companies.
If you’re thinking about “toughing it out” and not seeking medical care, don’t. I can’t tell you how many times I’ve seen people hurt their cases by not getting immediate medical attention. Insurance companies love to argue that if you didn’t think the bite was serious enough for medical care right away, it must not have been that bad.
Police Reports and Animal Control Involvement
When police or animal control gets involved, they create official reports that insurance companies will definitely get their hands on. These reports can be incredibly helpful to your case, but they can also contain information that insurance companies will try to use against you.
Here’s a tip: if police or animal control responds to your incident, make sure you give them a clear, accurate statement about what happened. Don’t guess or make up details you’re not sure about. Stick to the facts you know for certain.
Property Damage Claims
Sometimes people don’t realize that their homeowner’s or renter’s insurance might also be involved if property was damaged during the dog attack. Maybe the dog knocked you down and you broke a fence, or your phone got smashed. These property claims can get investigations going too.
The Folks Involved in a Dog Bite Insurance Investigation
Understanding who’s involved in the investigation process can help you know what to expect and how to talk with each party.
The Dog Owner’s Insurance Company
This is usually the main insurer that’ll be handling your claim. Most homeowner’s and renter’s insurance policies include liability coverage for dog bites, though some companies have started excluding certain breeds or requiring separate policies.
Here’s something important to remember: the dog owner’s insurance company is not your friend, even if their adjuster seems really nice and sympathetic. Their job is to pay out as little as possible on your claim. They’ll be polite, they’ll express concern for your injuries, but at the end of the day, they’re working for their company’s bottom line, not your best interests.
Your Own Insurance Company
Depending on your situation, your own insurance might get involved too. If you have health insurance, they’ll likely pay for your initial medical treatment and then seek reimbursement from the dog owner’s insurance company. This process is called subrogation, and it can make your case a bit more complicated if you’re not careful.
Your health insurance company has a legal right to be reimbursed for what they paid out, which means they get paid back before you see any money from your settlement. However, there are often ways to negotiate these liens down, especially if you have an experienced attorney helping you.
Independent Investigators and Adjusters
For serious dog bite cases, insurance companies often hire independent investigators or specialized adjusters. These folks have experience specifically with dog bite claims, and they know all the tricks for finding evidence that might hurt your case.
They might interview neighbors, look for security camera footage, research the dog’s history, and even consult with vets or animal behavior experts. Don’t be surprised if they show up at your door wanting to ask questions or take photos.
What a Typical Dog Bite Insurance Investigation Looks Like
Every case is different, but here’s what a typical investigation timeline looks like:
The First 24-48 Hours: Initial Response
This is when you need to be most careful about what you say and do. The insurance company will often try to contact you very quickly after they learn about the incident. They want to get your statement while the details are fresh, but also before you have a chance to fully understand your rights or talk with an attorney.
If an insurance adjuster calls you during this period, it’s okay to provide basic information about the incident, but don’t feel pressured to give a detailed recorded statement right away. You have the right to take some time to collect your thoughts and understand your situation.
Week 1-2: Fact Gathering
During this period, the insurance company is collecting all the basic information about your case. They’ll get copies of police reports, medical records, and any other papers related to the incident.
This is also when they’ll likely want to get a recorded statement from you. Be very careful here. What you say in this statement can really impact your case later on. If you’re not sure about a detail, just say so. Don’t guess or speculate.
Week 2-4: Investigation Expansion
If your case involves significant injuries or damages, the insurance company will start digging deeper. They might hire investigators, interview witnesses, or consult with experts.
They’ll also start figuring out their potential exposure – basically, how much they might have to pay if they accept full responsibility for your damages. This calculation includes your medical bills, lost wages, pain and suffering, and any future medical care you might need.
Month 2-3: Settlement Talks Begin
For straightforward cases with clear responsibility and documented damages, insurance companies often start making settlement offers around this time. But here’s where you need to be really careful.
The first offer is almost never the best offer they’re willing to make. Insurance companies expect you to negotiate, and they build that expectation into their initial offers. I’ve seen cases where the final settlement was three or four times higher than the first offer.
Month 3+: Complex Case Development
If your case involves serious injuries, disputed responsibility, or big damages, the investigation can stretch on for months or even longer. This is especially true if you need ongoing medical treatment or if there’s disagreement about the long-term impact of your injuries.
Don’t let the insurance company pressure you into settling before you fully understand how extensive your injuries and damages are. Some injuries from dog bites, like nerve damage or psychological trauma, can take time to fully show up.
What Insurance Investigators Actually Look For
Understanding what insurance investigators are hunting for can help you avoid accidentally hurting your case. Here are the main things they focus on:
Evidence of Provocation
This is probably the most common defense insurance companies try to use in dog bite cases. They’ll look for any evidence that you somehow provoked the dog before it bit you.
What counts as provocation can be pretty subjective. Obviously, hitting or teasing a dog would count, but insurance companies sometimes try to argue that simply reaching toward a dog or making sudden movements is provocation.
I had a case where the insurance company tried to argue that my client provoked a dog attack by wearing a bright red jacket. Seriously. They brought in an animal behavior expert who testified that some dogs are triggered by bright colors. We were able to counter this with our own expert, but it shows how far insurance companies will go to avoid paying claims.
Your Legal Right to Be Where You Were
Remember, Colorado’s dog bite law only protects people who are “lawfully” on public or private property. Insurance investigators will look closely at whether you had a right to be where you were when the bite happened.
This usually isn’t an issue if you were bitten on a public sidewalk or in a park. But if you were on private property, they’ll want to know whether you were invited, whether you were there for a legitimate reason, and whether you were following any rules or restrictions.
The Dog’s History and the Owner’s Knowledge
While Colorado’s strict liability law means it doesn’t matter whether the dog has bitten anyone before, insurance companies still investigate the dog’s history. They’re looking for evidence that might help them in settlement talks or that might be relevant to extra damages (called punitive damages).
If the dog has a history of aggressive behavior and the owner knew about it, that can actually increase the value of your case. It shows that the owner was careless in controlling a dog they knew was dangerous.
Your Medical Treatment and Damages
Insurance investigators will carefully look at every bit of your medical treatment. They’ll check your medical records, talk to your doctors, and sometimes even have you examined by their own medical experts.
They’re looking for evidence that your injuries aren’t as serious as you claim, that you’re not following your treatment plan, or that your injuries were caused by something other than the dog bite.
This is why it’s so important to follow all of your doctor’s recommendations and to keep detailed records of how your injuries are affecting your daily life.
Your Background and Character
This might sound like an invasion of privacy, but insurance companies sometimes investigate the personal background of claimants, especially in high-value cases. They might look at your social media profiles, your employment history, and even your criminal background if you have one.
They’re looking for anything that might make you seem less sympathetic to a jury, or that might suggest you’re exaggerating your injuries or damages.
I always advise my clients to be very careful about what they post on social media during their case. That photo of you smiling at your kid’s birthday party might seem innocent, but an insurance company could try to use it to argue that you’re not really suffering from the emotional trauma you claim.
Common Investigation Tricks Insurance Companies Use
Over the years, I’ve seen insurance companies use some pretty sneaky tactics during their investigations. Here are some of the most common ones to watch out for:
The Friendly Adjuster Approach
Insurance adjusters are trained to be likable and sympathetic. They’ll express concern for your injuries and seem like they really want to help you. But remember, they work for the insurance company, not for you.
They might offer to pay for some of your immediate expenses or suggest that you don’t need an attorney because they’re going to “take good care of you.” Be polite, but don’t let your guard down.
The Quick Settlement Offer
Insurance companies sometimes make very quick settlement offers, especially if they think you might not understand the full value of your case. They’re hoping you’ll be so relieved to get some money that you won’t question whether it’s enough.
Before you accept any settlement offer, make sure you understand the full extent of your damages. This includes not just your current medical bills, but also future medical care, lost wages, pain and suffering, and any permanent disability or disfigurement.
Surveillance and Social Media Monitoring
For high-value cases, insurance companies sometimes hire private investigators to keep an eye on claimants. They’re looking for evidence that goes against your claimed injuries or limitations.
They’ll also monitor your social media profiles for photos or posts that might undermine your case. I’ve seen cases where insurance companies used Facebook photos to argue that someone claiming to be severely depressed was actually living a normal, happy life.
Delay Tactics
Sometimes insurance companies drag out their investigations hoping that you’ll get frustrated and accept a lower settlement just to get the case resolved. They know that medical bills are piling up and that you might be out of work because of your injuries.
Don’t let them pressure you into settling before you’re ready. If you have a good case, time is usually on your side, not theirs.
Requesting Unnecessary Papers
Insurance companies sometimes ask for tons of documents that aren’t really relevant to your case. They might ask for years of medical records, employment records, or other personal information.
While you do need to cooperate with reasonable requests for information, you don’t have to turn over everything they ask for. An experienced attorney can help you figure out what’s reasonable and what’s just a fishing expedition.
How to Protect Yourself During the Investigation
Now that you know what you’re up against, let’s talk about how to protect yourself during the insurance investigation process.
Document Everything Right Away
Start documenting everything related to your dog bite incident immediately. Take photos of your injuries, the spot where the bite happened, and any property damage. Get contact information for any witnesses.
Keep a daily journal of how your injuries are affecting you. Note your pain levels, any activities you can’t do, and how the incident is impacting your emotional well-being. This kind of immediate documentation can be incredibly valuable later on.
Get Medical Attention Immediately
Even if your injuries don’t seem serious at first, get medical attention right away. Dog bites can cause serious infections, and some injuries might not be immediately obvious.
Follow all of your doctor’s recommendations for treatment. If you skip appointments or don’t follow through with prescribed therapy, the insurance company will use that against you.
Be Careful What You Say
Everything you say to the insurance company can potentially be used against you later. Be honest, but don’t guess or make up details you’re not sure about.
If you’re asked about your injuries, stick to the facts. Don’t downplay your pain or try to be tough. If you’re hurting, say so.
Don’t Sign Anything Without Understanding It
Insurance companies might ask you to sign various forms or releases. Don’t sign anything without understanding exactly what you’re agreeing to.
Medical releases are particularly tricky. While the insurance company has a right to review your medical records related to the dog bite, they don’t necessarily have a right to your entire medical history going back years.
Keep Detailed Records
Keep copies of all documents related to your case, including medical records, correspondence with the insurance company, and receipts for any expenses related to your injuries.
Create a file folder specifically for your dog bite case and put everything in there. You’ll be glad you did if your case goes on for months or if you need to give information to an attorney.
Think About Getting Legal Help Early
You don’t have to wait until the insurance company denies your claim or makes a lowball offer to talk with an attorney. In fact, getting legal advice early in the process can help you avoid mistakes that might hurt your case later on.
Many personal injury attorneys, including our firm at McCormick & Murphy P.C., offer free consultations for dog bite cases. We can review your situation and help you understand your rights without any upfront cost.
The Role of Medical Evidence in Dog Bite Investigations
Medical evidence is often the most important factor in dog bite insurance investigations. Insurance companies will look very closely at every part of your medical treatment, so it’s important to understand how to protect yourself.
Initial Emergency Treatment Papers
The records from your initial emergency treatment are really important. They document how bad your injuries were at the time of the incident and can help show how severe the attack was.
Make sure the medical staff accurately documents all of your injuries, including small puncture wounds that might not seem like a big deal at the time. Dog bites can cause internal damage that isn’t immediately visible, and having complete initial documentation is essential.
Following Up with Specialists
Depending on your injuries, you might need to see specialists like plastic surgeons, orthopedic doctors, or mental health professionals. Don’t skip these appointments, even if you’re feeling better.
Insurance companies often argue that if someone doesn’t follow through with recommended specialist care, their injuries must not be that serious. Don’t give them that ammunition.
Documenting Psychological Impact
Dog attacks can cause significant psychological trauma, especially in children. Don’t ignore the emotional impact of your incident, even if your physical injuries heal quickly.
If you’re having trouble sleeping, feeling anxious around dogs, or experiencing other emotional symptoms, talk to your doctor about it. These psychological injuries are real and can be compensated, but they need to be properly documented.
Long-term Treatment Planning
Some dog bite injuries need ongoing treatment or monitoring. Nerve damage, for example, can take months to fully heal, and some people need multiple plastic surgeries to deal with scarring.
Don’t let the insurance company pressure you into settling before you understand the full extent of your treatment needs. If your doctor recommends future treatment, make sure that’s included in any settlement discussions.
Special Things to Think About for Child Dog Bite Cases
Dog bite cases involving children bring unique challenges during the insurance investigation process. As someone who’s handled many of these cases, I can tell you that insurance companies often handle child cases differently, and not always in ways that benefit the child.
Challenges with Child Testimony
Children can’t always clearly explain what happened during a dog attack, which gives insurance companies more room to question the circumstances. They might argue that the child provoked the dog or wasn’t where they were supposed to be.
If your child was bitten by a dog, help them understand that it’s okay to say “I don’t remember” or “I’m not sure” if they’re asked about details they can’t recall clearly. Don’t tell them what to say, but help them understand that they should only talk about things they actually remember.
Long-term Impact Considerations
Children’s dog bite cases often involve more complicated long-term considerations. A scar that might be relatively minor on an adult could have significant psychological and social impacts on a child as they grow up.
Insurance companies sometimes try to minimize these long-term impacts, arguing that children are resilient and will “get over” the trauma. Don’t let them dismiss the real, long-term consequences your child might face.
Educational and Social Impacts
Dog attacks can affect children’s ability to concentrate in school, participate in activities, or interact normally with pets and animals. These impacts might not be immediately obvious but can become significant over time.
Keep track of any changes in your child’s behavior, school performance, or social interactions after the dog bite incident. This information can be important for showing the full impact of the attack.
Future Medical Needs
Children’s medical needs related to dog bites can be particularly hard to predict. A child might need additional plastic surgeries as they grow, or they might develop complications that don’t appear until later.
Make sure any settlement discussions account for these potential future needs. It’s much better to overestimate future medical costs than to underestimate them and be stuck with bills later.
How Where It Happened Affects Dog Bite Investigations
Where the dog bite happened can really affect the insurance investigation and how strong your case is. Colorado law protects people who are “lawfully” on public or private property, but what that means can sometimes be tricky.
Public Property Incidents
Dog bites that happen on public property – like sidewalks, parks, or streets – are usually the most straightforward from a legal standpoint. You clearly have a right to be in these public spaces, so insurance companies can’t argue that you were trespassing.
However, they might still look for other defenses, like arguing that you provoked the dog or that the owner couldn’t have prevented the attack.
Private Property Considerations
Dog bites on private property can be more complex. The insurance company will investigate whether you had a legitimate reason to be on the property and whether you were following any rules or restrictions.
If you were invited to someone’s home and their dog bit you, that’s usually covered. But if you were making a delivery, doing repair work, or visiting for business reasons, there might be additional things to think about.
Apartment Complex and HOA Issues
Dog bites in apartment complexes or HOA communities can involve extra insurance coverage and responsibility issues. The property management company or HOA might have their own insurance that could be involved in your case.
These cases can be more complex because there might be questions about whether the property owner knew about the dangerous dog and failed to take appropriate action.
School and Public Facility Incidents
Dog bites that happen on school property or other public facilities can involve government liability issues. These cases often have special rules and shorter deadlines for filing claims.
If your child was bitten by a dog at school or during a school-sponsored activity, don’t delay in getting legal advice. Government liability cases have strict deadlines that can’t be missed.
The Money Side of Dog Bite Insurance Investigations
Understanding why insurance companies do what they do financially can help you better understand what you’re dealing with and how to protect your interests.
Average Claim Costs Drive Investigation Effort
Dog bite claims are expensive for insurance companies. The average dog bite claim in Colorado is well over $40,000, and serious cases can easily reach six figures. Because of these high costs, insurance companies have strong financial reasons to investigate thoroughly and look for ways to pay less.
The more serious your injuries, the more effort the investigation is likely to be. If you’re looking at hundreds of thousands in medical bills and lost wages, expect the insurance company to pull out all the stops in their investigation.
Settlement vs. Trial Costs
Insurance companies do cost-benefit analyses on every case. They weigh the cost of settling your case against the cost of fighting it in court, considering their chances of winning and what a jury might decide if they lose.
This is why having strong documentation and legal representation can be so important. If the insurance company believes you have a strong case and good legal representation, they’re more likely to offer a fair settlement rather than risk a large jury verdict.
The Role of Policy Limits
Most homeowner’s and renter’s insurance policies have liability limits – the most the insurance company will pay for claims. These limits can range from $100,000 to $1 million or more.
If your damages go beyond the policy limits, the insurance company’s maximum payout is capped at those limits. However, the dog owner could still be personally responsible for damages above the insurance coverage.
Subrogation and Reimbursement Issues
If your health insurance pays for your medical treatment, they have a right to be reimbursed from any settlement you receive. This is called a subrogation claim.
However, these claims can often be negotiated down, especially if you have experienced legal representation. Some health insurance companies will accept reduced reimbursement because you had to take legal risks and pay attorney fees to recover the settlement.
Working with Your Own Insurance Company
Your own insurance company might be involved in your dog bite case in several ways, and their interests don’t always line up perfectly with yours.
Health Insurance Coverage
Your health insurance will typically pay for your immediate medical treatment after a dog bite, then seek reimbursement from the dog owner’s insurance company. This is generally good for you because it means you can get treatment without worrying about upfront costs.
However, your health insurance company’s right to be reimbursed can complicate settlement talks. Make sure you understand how much your health insurer has paid and what their reimbursement expectations are.
Homeowner’s/Renter’s Insurance Things to Think About
If you have homeowner’s or renter’s insurance, it might provide some extra coverage for your dog bite injuries, depending on your specific policy. Some policies include medical payments coverage that can help with immediate expenses.
However, don’t assume your own insurance will cover everything. These policies often have limitations and exclusions that might not apply to your situation.
Coordination of Benefits Issues
When multiple insurance policies are involved, things can get complicated with coordinating benefits. Different insurers might argue about which policy pays first and which is secondary, potentially delaying your treatment or reimbursement.
An experienced attorney can help handle these coordination issues and make sure you’re getting the coverage you’re entitled to under all applicable policies.
Red Flags During the Investigation Process
There are certain warning signs during the insurance investigation process that should alert you to potential problems with your case. Spotting these early can help you take the right steps to protect your interests.
Too Many Delays Without a Good Reason
While dog bite investigations do take time, especially for complicated cases, too many delays without reasonable explanations can be a red flag. Insurance companies sometimes use delay tactics hoping you’ll get frustrated and accept a lower settlement.
If the insurance company keeps asking for more time without making progress on your case, or if they stop communicating with you for long periods, it might be time to get legal help.
Requests for Irrelevant Information
Insurance companies have a right to investigate your claim, but they don’t have unlimited rights to pry into your personal life. If they’re asking for information that seems unrelated to your dog bite case, that could be a red flag.
For example, asking for your complete medical records going back ten years for a straightforward dog bite case is probably too much. They should focus on records related to your current injuries and any pre-existing conditions that might be relevant.
Lowball Settlement Offers Early On
If the insurance company makes a very low settlement offer early in the investigation process, before you’ve had time to fully understand your injuries and damages, that’s a red flag. They might be hoping you’ll accept a quick settlement before you realize what your case is really worth.
Don’t feel pressured to accept the first offer, especially if you’re still receiving medical treatment or if you haven’t fully recovered from your injuries.
Attempts to Blame You for the Attack
While insurance companies will investigate the circumstances of the dog bite, putting too much focus on trying to blame you for the attack can be a red flag. If they keep asking leading questions about what you did to “provoke” the dog, they might be building a defense strategy rather than doing a fair investigation.
Remember, under Colorado law, the dog owner is responsible for bites even if their dog has never bitten anyone before. The insurance company shouldn’t be able to get out of responsibility just by claiming you somehow provoked the attack, unless there’s clear evidence of actual provocation.
Pressure to Give Recorded Statements
While it’s reasonable for the insurance company to want a statement about what happened, too much pressure to give multiple recorded statements or to answer the same questions repeatedly can be a red flag.
You generally only need to give one recorded statement about the incident. If they keep asking for additional statements or trying to get you to change your story, that might mean they’re looking for inconsistencies they can use against you.
When to Think About Hiring an Attorney
Many people wonder when they should think about hiring an attorney for their dog bite case. While not every dog bite case needs legal representation, there are certain situations where getting professional help is definitely worth considering.
Serious Injuries or High Medical Bills
If your dog bite injuries are serious or if your medical bills are substantial, you should definitely think about talking with an attorney. Insurance companies tend to take cases more seriously when they know the person has legal representation.
What counts as “serious” injuries can vary, but generally, if you needed emergency room treatment, surgery, or ongoing medical care, your case probably warrants legal advice.
Disputed Responsibility or Complex Situations
If the insurance company is arguing that their insured isn’t responsible for your injuries, or if there are complicated circumstances surrounding the dog bite incident, an attorney can help protect your interests.
For example, if the dog bite happened on commercial property and there are questions about multiple parties’ responsibility, or if the insurance company is claiming you provoked the attack, legal representation can be very helpful.
Dealing with Multiple Insurance Companies
If multiple insurance companies are involved in your case – for example, your health insurance, the dog owner’s homeowner’s insurance, and possibly property management insurance – an attorney can help coordinate these relationships and make sure your interests are protected.
Unfair Settlement Offers
If the insurance company is making settlement offers that seem unreasonably low compared to your damages, an attorney can help you understand whether the offers are fair and can negotiate on your behalf.
Insurance companies often make higher settlement offers when they’re dealing with experienced attorneys rather than people without legal representation.
Time Limits and Deadlines
Colorado has a statute of limitations for personal injury cases, including dog bite cases. Generally, you have three years from the date of the incident to file a lawsuit, but there can be exceptions and complications.
If you’re getting close to the statute of limitations deadline, or if there are government entities involved that might have shorter deadlines, you should talk with an attorney right away.
How McCormick & Murphy Can Help with Your Dog Bite Case
At McCormick & Murphy P.C., we’ve been helping Colorado residents with personal injury cases, including dog bite claims, for over 25 years. Our attorneys, Kirk McCormick and Jay Murphy, have specialized in personal injury and insurance bad faith cases since 1990, bringing over 60 years of combined experience to every case.
Our Approach to Dog Bite Cases
We understand that dog bite cases are about more than just medical bills and lost wages. They’re about the trauma, the fear, and the impact on your daily life. We take the time to understand how the incident has affected you and your family, and we work to make sure any settlement reflects the full scope of your damages.
We also understand how insurance companies operate. We know their investigation tactics, their common defenses, and their settlement strategies. This knowledge helps us protect our clients throughout the process and negotiate better outcomes.
No Fees Unless We Win
We handle most dog bite cases on a contingent fee basis, which means you don’t pay attorney fees unless we recover money for you. If we don’t win your case through settlement or trial, you don’t owe us any attorney fees.
This arrangement allows you to get experienced legal representation without worrying about upfront costs, and it makes sure that our interests are aligned with yours – we only get paid if you get paid.
Thorough Case Development
When we take on a dog bite case, we do our own thorough investigation. We don’t just rely on what the insurance company finds. We interview witnesses, gather evidence, consult with medical experts when necessary, and build the strongest possible case for our clients.
We also handle all communications with the insurance companies, so you don’t have to worry about saying something that might hurt your case. We know how to present your case in the best possible light while protecting your legal rights.
Experience with Complex Cases
Over the years, we’ve handled dog bite cases involving serious injuries, multiple defendants, insurance bad faith, and complex responsibility issues. We’re not intimidated by insurance companies or their tactics, and we’re prepared to take cases to trial when necessary to get fair compensation for our clients.
We’ve also handled cases involving children, elderly victims, and people with pre-existing medical conditions that complicated their cases. We understand the unique challenges these cases present and how to address them effectively.
Understanding Insurance Bad Faith in Dog Bite Cases
Sometimes insurance companies don’t just make mistakes or offer low settlements – they act in bad faith by unreasonably denying valid claims or failing to properly investigate cases. When this happens, you might have additional legal options available.
What Counts as Insurance Bad Faith
Insurance bad faith can take many forms in dog bite cases. Some common examples include:
- Denying a claim without doing a reasonable investigation
- Misrepresenting policy terms or what’s covered
- Failing to respond to communications in a timely manner
- Making unreasonably low settlement offers when responsibility is clear
- Refusing to settle within policy limits when responsibility and damages clearly go over those limits
Extra Damages for Bad Faith
If an insurance company acts in bad faith, you might be entitled to extra damages beyond just compensation for your injuries. These can include punitive damages (to punish the company), attorney fees, and damages for the emotional distress caused by the insurance company’s behavior.
Bad faith claims can be complicated and require specific evidence and legal steps. If you believe an insurance company is acting in bad faith in your dog bite case, it’s important to talk with an attorney who has experience with these types of claims.
Our Experience with Insurance Bad Faith
McCormick & Murphy P.C. has a lot of experience with insurance bad faith cases. We know how to recognize bad faith behavior and how to hold insurance companies accountable when they don’t fulfill their obligations to policyholders and claimants.
We’ve successfully handled bad faith cases involving unreasonable claim denials, inadequate investigations, and failure to settle within policy limits. We understand the additional legal options available in these situations and how to go after them effectively.
Preventing Problems During Your Investigation
While you can’t control how the insurance company does their investigation, there are steps you can take to avoid common problems that could hurt your case.
Social Media Precautions
Be very careful about what you post on social media during your dog bite case. Insurance companies regularly monitor people’s social media profiles looking for evidence that goes against their claimed injuries or damages.
That doesn’t mean you have to become a hermit, but think twice before posting photos or updates that might be misunderstood. A photo of you smiling at a family gathering could be taken out of context and used to argue that you’re not really suffering from depression or emotional trauma.
Following Medical Advice
Follow all of your doctor’s recommendations for treatment and recovery. If you skip appointments, don’t take prescribed medications, or ignore treatment recommendations, the insurance company will use that against you.
If you’re having trouble affording treatment or if there are other reasons you can’t follow your treatment plan, talk to your attorney about possible solutions. Don’t just skip treatment without addressing the underlying issues.
Keeping Detailed Records
Keep detailed records of everything related to your dog bite case. This includes medical appointments, letters with insurance companies, expenses related to your injuries, and how your injuries are affecting your daily life.
The more detailed your records, the stronger your case will be. Insurance companies respect people who are organized and have good documentation.
Being Honest and Consistent
Always be honest in your conversations with insurance companies, medical providers, and attorneys. Don’t exaggerate your injuries or damages, but don’t minimize them either.
Be consistent in how you describe your injuries and their impact on your life. If you tell one doctor that your pain level is a 7 out of 10, don’t tell another doctor the next week that it’s a 3 out of 10 unless your condition has actually improved.
The Future of Dog Bite Insurance Investigations
The insurance industry is always changing, and dog bite investigations are becoming more advanced. Understanding these trends can help you prepare for what to expect in your case.
Technology and Surveillance
Insurance companies are using more technology in their investigations. This can include social media monitoring software, database searches, and even drone surveillance in some cases.
They’re also more likely to look for security camera footage from nearby businesses or homes that might have captured the dog bite incident. This footage can be helpful to your case if it supports your version of events, but it could be harmful if it goes against your account.
Specialization and Expertise
Insurance companies are developing more specialized knowledge in dog bite cases. They’re hiring adjusters who focus specifically on animal responsibility claims, and they’re talking with vets, animal behaviorists, and other experts more often.
This means that dog bite claimants need to be more prepared and more sophisticated in how they handle their cases. Having experienced legal representation is becoming increasingly important.
Data Analytics and Predictive Modeling
Some insurance companies are using data analytics and predictive modeling to evaluate dog bite claims. They might use computer programs to predict the likelihood of various outcomes based on factors like the breed of dog, the age of the victim, and the circumstances of the attack.
While these tools can help insurance companies make more consistent decisions, they can also lead to inappropriate generalizations or biases that don’t account for the specific facts of your case.
Common Mistakes That Can Hurt Your Case
Over the years, I’ve seen people make certain mistakes during the insurance investigation process that end up hurting their cases. Here are some of the most common ones to avoid:
Giving Too Much Information Too Quickly
When you’re dealing with a traumatic event like a dog attack, it’s natural to want to tell your story and get help. But giving too much information to the insurance company too quickly can sometimes hurt your case.
Take time to collect your thoughts and understand what happened before giving detailed statements. It’s okay to provide basic information right away, but don’t feel pressured to give a full recorded statement immediately after the incident.
Not Getting Medical Attention
Some people try to “tough out” dog bite injuries without getting medical attention. This is almost always a mistake, both for your health and for your legal case.
Dog bites can cause serious infections and other problems that aren’t immediately obvious. Even if your injuries seem minor, get them checked out by a medical professional.
Accepting the First Settlement Offer
Insurance companies almost never make their best settlement offer first. They expect you to negotiate, and they build that expectation into their initial offers.
Before accepting any settlement offer, make sure you understand how extensive your damages are and whether the offer fairly pays you for all of your losses.
Not Documenting the Impact on Your Life
Many people focus on documenting their medical treatment but forget to document how their injuries are affecting their daily lives. This broader impact can be a significant part of your damages.
Keep track of activities you can’t do, changes in your mood or sleep patterns, and other ways the dog bite has affected your quality of life.
Waiting Too Long to Get Legal Help
While you don’t necessarily need an attorney from day one, waiting too long to get legal help can hurt your case. Evidence can disappear, witnesses’ memories can fade, and you might accidentally make statements or decisions that hurt your case.
If your case involves serious injuries or if you’re having problems with the insurance company, don’t wait to talk with an attorney.
Special Situations and Complications
Some dog bite cases involve special situations or complications that can affect the insurance investigation process. Here are some of the most common ones:
Multiple Dog Attacks
If you were attacked by more than one dog, your case can become much more complex. There might be multiple owners and multiple insurance policies involved.
The insurance companies might try to argue about which dog caused which injuries, or they might try to shift blame between the different owners. These cases often require more extensive investigation and more advanced legal strategies.
Dogs with Unknown Owners
If you were bitten by a stray dog or a dog whose owner can’t be identified, your options for getting money are more limited. You might need to look to your own insurance coverage or to government victim compensation programs.
Some towns have rules that make them responsible for injuries caused by stray dogs, but these cases often involve complex steps and shorter deadlines.
Commercial Property Incidents
Dog bites that happen on commercial property can involve extra parties and insurance coverage. The property owner, tenant, or management company might have responsibility in addition to the dog owner.
These cases often require investigation into whether the commercial property owner knew about the dangerous dog and failed to take appropriate action to protect visitors.
Professional Dog Handlers and Trainers
If you were bitten by a dog while it was in the care of a professional dog handler, trainer, or boarding facility, there might be additional responsibility and insurance coverage issues.
These cases often involve questions about the professional’s duty of care and whether they followed appropriate safety rules.
Building a Strong Case for the Best Recovery
If you want to get the most out of your dog bite case, you need to build the strongest possible case from the very beginning. Here’s how to do that:
Thorough Medical Documentation
Make sure all of your injuries are properly documented by medical professionals. This includes not just the obvious bite wounds, but also any bruising, sprains, or other injuries that might have happened during the attack.
Don’t forget about psychological injuries. Dog attacks can cause significant emotional trauma, and these injuries can be compensated under Colorado law.
Witness Statements and Evidence
Find and talk to any witnesses to the dog attack as soon as possible. Get their contact information and ask them to write down what they saw while the details are still fresh in their memory.
Take photographs of the scene, your injuries, and any property damage. The more evidence you have, the stronger your case will be.
Expert Advice When It Makes Sense
In complex cases, it might be helpful to talk with experts like animal behaviorists, medical specialists, or accident reconstruction experts. These experts can help explain what happened and why, and can give opinions about the dog owner’s responsibility.
Careful Damage Calculation
Make sure you account for all of your damages, not just your immediate medical bills. This includes future medical care, lost wages, pain and suffering, and any permanent disability or disfigurement.
Don’t forget about less obvious damages like the impact on your relationships, your ability to enjoy activities you used to love, or your general quality of life.
The Settlement Process and What to Expect
Most dog bite cases are resolved through settlement rather than trial. Understanding the settlement process can help you handle it more effectively.
Initial Settlement Discussions
Settlement discussions often begin after the insurance company has finished their initial investigation and has a good understanding of your damages. Don’t be surprised if their first offer is significantly lower than what you think your case is worth.
Remember, settlement talks are just that – talks. The insurance company expects you to counter their offer, and they’ve likely left room in their initial offer for negotiation.
Factors That Affect Settlement Value
Several things can affect the settlement value of your dog bite case:
- How severe your injuries are and how much medical treatment you needed
- Whether you have permanent scarring or disability
- The impact on your ability to work and earn money
- The psychological impact of the attack
- How strong the evidence is supporting your case
- The dog owner’s insurance policy limits
- The area where your case would be tried if it doesn’t settle
Negotiation Strategies
Good settlement negotiation requires a thorough understanding of your case’s strengths and weaknesses, as well as knowledge of how similar cases have been resolved in your area.
An experienced attorney can help you develop a good negotiation strategy and can handle the back-and-forth conversations with the insurance company.
When to Accept vs. When to Hold Out
Deciding when to accept a settlement offer and when to hold out for more is one of the most important decisions in your case. This decision should be based on a realistic assessment of your case’s value and the risks of continuing to negotiate or going to trial.
Your attorney can help you evaluate settlement offers and make informed decisions about whether to accept them or keep negotiating.
Getting Ready for the Possibility of Trial
While most dog bite cases settle, you should be prepared for the possibility that your case might go to trial. Understanding what’s involved in a trial can help you make better decisions throughout your case.
When Cases Go to Trial
Dog bite cases typically go to trial when the insurance company disputes responsibility, when there’s significant disagreement about the value of damages, or when the insurance company is acting in bad faith.
Sometimes cases go to trial because the insurance policy limits aren’t enough to fairly pay the victim, and a trial verdict might allow recovery of additional damages from the dog owner personally.
The Trial Process
A dog bite trial typically involves picking a jury, opening statements, presenting evidence, witness testimony, closing arguments, and jury deliberation.
The trial process can take several days or even weeks, depending on how complicated the case is. It requires significant preparation and can be emotionally challenging for the victim and their family.
Advantages and Risks of Trial
Going to trial can sometimes result in higher compensation than what’s available through settlement, especially if the jury is sympathetic to your case and the evidence strongly supports your claims.
However, trials also involve risks. Juries can be unpredictable, and there’s always a chance that you could receive less money at trial than what was offered in settlement negotiations.
Your attorney can help you evaluate these advantages and risks and make an informed decision about whether to settle your case or go to trial.
Working with Medical Providers During Your Case
Your relationship with your medical providers can really affect your dog bite case. Here’s how to manage these relationships effectively:
Choosing the Right Providers
Make sure you’re getting treatment from qualified medical providers who have experience treating dog bite injuries. This might include emergency physicians, plastic surgeons, orthopedic specialists, and mental health professionals.
Don’t just go to the cheapest provider or the one that’s most convenient. The quality of your medical care can affect both your recovery and the value of your legal case.
Talking with Providers
Be honest and thorough in your conversations with medical providers. Tell them about all of your symptoms and how your injuries are affecting your daily life.
Don’t minimize your pain or try to be tough. Your medical records will be important evidence in your case, and they should accurately reflect the impact of your injuries.
Following Treatment Recommendations
Follow all of your medical providers’ recommendations for treatment and recovery. If you can’t follow a recommendation for some reason, talk about alternatives with your provider.
Insurance companies will closely examine your medical records looking for evidence that you didn’t follow treatment recommendations, which they’ll use to argue that your injuries aren’t as serious as you claim.
Understanding Medical Bills and Insurance
Make sure you understand how your medical bills are being paid and what your insurance coverage includes. Keep copies of all medical bills and insurance explanations of benefits.
If you’re having trouble getting coverage for recommended treatment, talk to your attorney about possible solutions. Sometimes a letter from your attorney to your insurance company can help resolve coverage disputes.
The Emotional Impact of Dog Bite Cases
Dog attacks can have significant emotional and psychological impacts that go far beyond the physical injuries. Understanding and dealing with these impacts is important both for your recovery and for your legal case.
Common Psychological Reactions
Many dog bite victims experience fear and anxiety around dogs after an attack. This is a normal reaction that can really affect your quality of life, especially if you previously enjoyed being around animals.
Some people develop more serious psychological conditions like post-traumatic stress disorder (PTSD), depression, or anxiety disorders. These conditions can require professional treatment and can be a significant part of your damages in a legal case.
Impact on Children
Children are often particularly affected by dog attacks, both physically and emotionally. They might develop fears that interfere with their ability to play outside, visit friends who have pets, or participate in normal childhood activities.
Parents should watch for changes in their child’s behavior, sleep patterns, or academic performance after a dog attack. These changes might mean that the child needs professional help to process the trauma.
Getting Professional Help
Don’t hesitate to seek professional mental health treatment if you’re struggling emotionally after a dog attack. This treatment is not only important for your recovery, but it also helps document the psychological impact of the incident for your legal case.
Many insurance policies cover mental health treatment, and the cost of this treatment should be included in any settlement discussions.
Long-term Recovery
Recovery from the emotional trauma of a dog attack can take time, and everyone’s recovery process is different. Be patient with yourself and don’t feel pressured to “get over it” quickly.
Your attorney should account for the long-term emotional impact of the attack when looking at your case and negotiating with insurance companies.
Financial Planning During Your Case
Dog bite cases can involve significant financial challenges, especially if you’re unable to work because of your injuries or if you’re facing large medical bills. Here’s how to manage these challenges:
Managing Medical Bills
If you have health insurance, use it to pay for your immediate medical treatment. Don’t wait for the dog owner’s insurance company to approve payment – that could take months.
Keep detailed records of all medical expenses related to your dog bite injuries. This includes not just hospital and doctor bills, but also prescription medications, medical equipment, and transportation to medical appointments.
Dealing with Lost Income
If your dog bite injuries prevent you from working, document your lost income carefully. This includes not just your regular wages, but also overtime, bonuses, and other benefits you would have received.
If you’re self-employed, figuring out lost income can be more complex. You’ll need to show what your typical income was before the attack and how your injuries have affected your ability to earn income.
Planning for Future Expenses
Some dog bite injuries need ongoing treatment or monitoring, which can result in significant future expenses. Make sure these future costs are accounted for in any settlement discussions.
This might include future surgeries, ongoing therapy, or long-term mental health treatment. Your attorney can work with medical experts to estimate these future costs.
Understanding Liens and Reimbursement
If your health insurance pays for your medical treatment, they typically have a right to be reimbursed from any settlement you receive. This is called a lien or subrogation claim.
However, these liens can often be negotiated down, especially if you have experienced legal representation. Your attorney should work to minimize these liens so you can keep more of your settlement.
Getting the Help You Need
If you’ve been bitten by a dog in Colorado, you don’t have to face the insurance investigation process alone. Understanding your rights and having experienced legal representation can make a big difference in the outcome of your case.
At McCormick & Murphy P.C., we’ve been helping Colorado residents with dog bite cases for over 25 years. We understand the challenges you’re facing, and we’re here to help you get what you’re owed for your injuries.
Free Chat
We offer free consultations for dog bite cases, so you can learn about your rights and options without any upfront cost. During this chat, we’ll review your case, explain the investigation process, and help you understand what to expect.
You can reach us at (888)-668-1182 to schedule your free chat. We’re located at 301 N Main St, Pueblo, CO 81003, and we’re here to help you through this difficult time.
No Fees Unless We Win
We handle dog bite cases on a contingent fee basis, which means you don’t pay attorney fees unless we recover money for you. This allows you to get experienced legal representation without worrying about upfront costs.
Experienced Help
With over 60 years of combined legal experience, we have the knowledge and skills to handle even the most complex dog bite cases. We’re not intimidated by insurance companies or their tactics, and we’re prepared to fight for what you deserve.
We understand that every dog bite case is unique, and we take the time to understand how your incident has affected you and your family. We’re committed to providing personal attention and dedicated representation to every client.
Don’t let the insurance company take advantage of you during their investigation. Get the experienced legal help you need to protect your rights and get the compensation you deserve. Call us today at (888)-668-1182 for your free consultation.
Remember, you have rights under Colorado law, and you don’t have to face this process alone. We’re here to help you every step of the way, from dealing with insurance companies to getting the medical treatment you need to recover from your injuries.
The insurance investigation process can be complicated and scary, but with the right knowledge and representation, you can protect your interests and get what you’re owed for your dog bite injuries. Don’t wait – call us today to get started.
