Getting bitten by a dog is scary enough, but then you’re left wondering what happens next. How long will it take to get compensation? What steps do you need to follow? Will you actually see any money at the end of this whole process?
I get it – you’re probably feeling overwhelmed right now. Maybe you’re dealing with medical bills piling up, time off work, or just the emotional aftermath of being attacked. The last thing you want is to get lost in legal jargon and confusing timelines.
Here’s the thing: dog bite cases in Colorado follow a pretty predictable path, and knowing what to expect can take a lot of the stress out of the situation. I’m going to walk you through the entire timeline, from the moment you get bitten to when you hopefully receive your settlement check.
The First 48 Hours: Your Foundation Phase
Getting Medical Attention (Hour 1-24)
Let’s start with the obvious – you need medical care, and you need it fast. Even if the bite doesn’t look that bad, dog bites can get infected quickly. We’re talking about bacteria that can cause serious problems down the road.
Here’s what you should do immediately:
- Clean the wound thoroughly with soap and water
- Apply pressure to stop bleeding
- Get to a doctor or emergency room
- Ask about tetanus shots and antibiotics
Don’t try to tough it out. I’ve seen people who thought a “small” bite wasn’t worth a doctor visit, only to end up with serious infections later. Plus, having immediate medical records helps your case tremendously.
Document Everything (Hour 1-48)
While everything’s still fresh in your mind, start documenting. Take photos of your injuries, the location where it happened, and anything else relevant. Write down exactly what happened – the more detail, the better.
Get information about:
- The dog owner’s name and contact info
- The dog’s vaccination records
- Any witnesses who saw what happened
- The exact location and circumstances
Trust me, your memory will get fuzzy as time goes on. What seems unforgettable today might be hard to recall accurately in six months.
Report the Incident
You’ll want to report the bite to local animal control or law enforcement. In Colorado, this creates an official record that can be incredibly valuable for your case later on.
Week 1-2: The Investigation Begins
Finding Legal Representation
This is where things get real. You’re probably wondering if you even need a lawyer for a dog bite case. Here’s my honest take: if you suffered any significant injuries, lost time from work, or the dog owner’s insurance company is giving you the runaround, you should at least talk to an attorney.
At McCormick & Murphy P.C., we’ve been handling personal injury cases like dog bites since 1995. Kirk McCormick and Jay Murphy have over 60 years of combined experience, and they understand exactly what you’re going through. The best part? They work on a contingent fee basis, which means you don’t pay attorney fees unless they win your case.
You can check out their professional credentials and client reviews to see why so many people trust them with their cases.
Initial Case Evaluation
During your first meeting with an attorney, they’ll evaluate several key factors:
Liability Assessment
Colorado follows a “strict liability” rule for dog bites. This means the owner is typically responsible for injuries their dog causes, regardless of whether the dog has bitten someone before or whether the owner was negligent. However, there are exceptions – like if you were trespassing or provoking the dog.
Damages Calculation
Your lawyer will start calculating potential damages, including:
- Medical expenses (current and future)
- Lost wages
- Pain and suffering
- Scarring or disfigurement
- Emotional trauma
Insurance Investigation
Most dog bite claims are covered under the owner’s homeowner’s or renter’s insurance policy. Your attorney will identify all available insurance coverage and start the claims process.
Month 1: Building Your Case
Medical Treatment and Documentation
You’ll likely still be receiving medical treatment during this phase. It’s absolutely critical that you follow your doctor’s orders and attend all appointments. Insurance companies love to argue that you weren’t really hurt if you skip medical appointments or don’t follow treatment recommendations.
Keep detailed records of:
- All medical appointments and treatments
- Prescription medications
- Physical therapy sessions
- Any ongoing symptoms or complications
Gathering Evidence
Your attorney will be working hard behind the scenes to build a strong case. This includes:
Medical Records Collection
Getting all your medical records related to the bite and treatment. This can take time because hospitals and doctors’ offices aren’t always quick to respond to records requests.
Witness Statements
If there were witnesses to the attack, your lawyer will want to get written statements from them while their memories are still fresh.
Expert Consultations
In some cases, your attorney might consult with medical experts, animal behavior specialists, or other professionals to strengthen your case.
Property Investigation
Was the dog properly contained? Were there warning signs? Your lawyer will investigate whether the owner took reasonable precautions to prevent the attack.
Month 2-3: The Insurance Dance
Initial Insurance Contact
By now, the dog owner’s insurance company has probably been notified of the claim. Here’s where things can get tricky. Insurance adjusters are trained to minimize payouts, and they might try to contact you directly.
My advice? Don’t give a recorded statement to the insurance company without talking to your lawyer first. Anything you say can be used against you later, even if you think you’re just being helpful.
If you’re wondering whether you should give a recorded statement, this FAQ explains exactly why it’s usually not in your best interest.
Demand Letter Preparation
Your attorney will prepare a detailed demand letter to send to the insurance company. This letter outlines:
- How the attack happened
- The extent of your injuries
- All damages you’ve suffered
- The legal basis for the claim
- A specific settlement demand amount
This isn’t something you want to rush. A well-crafted demand letter can make the difference between a fair settlement and a lowball offer.
Initial Settlement Discussions
Once the insurance company receives the demand letter, they’ll typically respond with their own assessment of the case. Don’t expect their first offer to be fair – it almost never is.
This is where having an experienced attorney really pays off. They know what your case is actually worth and won’t let the insurance company take advantage of you.
Month 3-6: Negotiation Phase
The Back-and-Forth
Settlement negotiations can feel like a slow dance. The insurance company makes an offer, your lawyer counters, they come back with something slightly higher, and so on. This process can be frustrating, but it’s completely normal.
Your attorney will keep you informed throughout this process, but they’ll also handle most of the communication with the insurance company. This protects you from saying something that could hurt your case.
Medical Treatment Completion
Ideally, you want to complete your medical treatment before finalizing any settlement. Why? Because once you settle, you can’t come back for more money if complications arise later.
If you’re still having ongoing issues from the bite – like nerve damage, scarring, or emotional trauma – make sure your doctor documents everything thoroughly.
Settlement Evaluation
Your lawyer will regularly evaluate whether settlement offers are fair based on:
- The severity of your injuries
- Your total medical expenses
- Lost income and future earning capacity
- Pain and suffering
- The strength of your case
- Comparable settlements in similar cases
Month 6-12: Resolution or Litigation Preparation
Reaching a Settlement Agreement
Most dog bite cases settle during this timeframe. If the insurance company makes a fair offer that adequately compensates you for your injuries and damages, your attorney will recommend accepting it.
Before you agree to any settlement, make sure you understand:
- The total amount you’ll receive
- How much will go to attorney fees and costs
- Whether the settlement covers all your current and future medical expenses
- Any tax implications
When Settlement Isn’t Possible
Sometimes, the insurance company just won’t make a reasonable offer. Maybe they’re disputing liability, claiming your injuries aren’t as serious as you say, or offering an amount that’s nowhere close to fair compensation.
In these situations, your attorney might recommend filing a lawsuit. Don’t panic – this doesn’t mean you’re going to trial tomorrow. Filing a lawsuit often motivates insurance companies to take your claim more seriously and make better settlement offers.
Statute of Limitations Considerations
In Colorado, you generally have two years from the date of the dog bite to file a lawsuit. This might seem like plenty of time, but it can go by quickly when you’re dealing with medical treatment and settlement negotiations.
Your attorney will make sure to file any necessary paperwork well before the deadline, but it’s something to keep in mind.
Year 1-2: Litigation Phase (If Necessary)
Filing the Lawsuit
If your case doesn’t settle, your attorney will file a formal lawsuit in Colorado court. This involves preparing and filing several legal documents, including:
- A complaint outlining your case
- A summons to notify the defendant
- Various other procedural documents
The dog owner and their insurance company will then have a certain amount of time to respond to the lawsuit.
Discovery Process
Once a lawsuit is filed, both sides can request information from each other through a process called “discovery.” This might include:
- Written questions (interrogatories)
- Requests for documents
- Depositions (sworn testimony under oath)
- Independent medical examinations
This phase can take several months, depending on the complexity of your case.
Mediation Attempts
Even after a lawsuit is filed, most cases still settle before going to trial. Courts often require mediation, where a neutral third party helps both sides try to reach an agreement.
Mediation can be very effective because it allows both sides to avoid the uncertainty and expense of a trial.
Trial Preparation
If your case is heading to trial, your attorney will spend considerable time preparing. This includes:
- Preparing witnesses
- Organizing evidence
- Developing trial strategy
- Filing pre-trial motions
Trial Phase: The Final Showdown
What to Expect at Trial
Dog bite trials in Colorado typically last anywhere from a few days to a couple of weeks, depending on the complexity of the case. You’ll need to testify about what happened and how the injuries have affected your life.
Your attorney will present evidence to prove:
- The dog bit you
- The owner is liable under Colorado law
- The extent of your damages
The defendant’s attorney will try to minimize their client’s liability and your damages.
Jury Deliberation and Verdict
After both sides present their cases, the jury will deliberate and reach a verdict. They’ll decide both liability (whether the owner is responsible) and damages (how much compensation you should receive).
This can be nerve-wracking because juries are unpredictable. Even strong cases can result in unexpected verdicts.
Post-Trial Motions and Appeals
After a trial verdict, either side can file post-trial motions or appeals. This can extend the timeline significantly, sometimes adding months or even years to the process.
Factors That Can Speed Up or Slow Down Your Case
What Makes Cases Move Faster
Clear Liability
When it’s obvious that the dog owner is responsible and there are no disputes about what happened, cases tend to resolve more quickly.
Adequate Insurance Coverage
If the owner has sufficient insurance coverage to pay for your damages, settlement negotiations usually go more smoothly.
Cooperative Insurance Company
Some insurance companies are more reasonable than others. Companies that handle claims fairly can help cases resolve faster.
Complete Medical Treatment
Cases often can’t settle until you’ve finished treating for your injuries. The sooner you reach maximum medical improvement, the sooner your case can resolve.
What Causes Delays
Disputed Liability
If the dog owner or their insurance company claims you were at fault (maybe they say you were trespassing or provoking the dog), this can significantly slow down your case.
Severe or Ongoing Injuries
Complex injuries that require extensive treatment or have uncertain long-term effects take longer to evaluate and settle.
Difficult Insurance Companies
Some insurance companies are notorious for dragging out claims and making lowball offers. If you’re dealing with one of these companies, expect a longer process.
Missing Documentation
If medical records are incomplete or witnesses can’t be located, this can cause delays while your attorney gathers additional evidence.
Multiple Defendants
If more than one party might be responsible (for example, if the dog owner was renting and the landlord might also be liable), this can complicate the case and extend the timeline.
Understanding Colorado’s Dog Bite Laws
Strict Liability Rule
Colorado follows a “strict liability” rule for dog bites, which is generally good news for victims. Under Colorado Revised Statutes § 13-21-124, a dog owner is liable for injuries caused by their dog if:
- The victim was lawfully on public or private property
- The victim did not provoke the dog
- The dog caused injury by biting, knocking down, or otherwise attacking
This means you don’t have to prove the owner was negligent or knew the dog was dangerous. The fact that the dog bit you is usually enough to establish liability.
Exceptions to Strict Liability
However, there are some important exceptions:
Trespassing
If you were unlawfully on someone’s property when the bite occurred, the strict liability rule might not apply. However, the owner could still be liable if they were negligent.
Provocation
If you provoked the dog before it bit you, this could reduce or eliminate the owner’s liability. What counts as “provocation” can be subjective and is often a point of dispute in dog bite cases.
Working Dogs
There are special rules for dogs used by law enforcement or military, as well as dogs protecting livestock.
Comparative Negligence
Even if you’re partially at fault for the incident, you might still be able to recover damages under Colorado’s comparative negligence rule. Your compensation would be reduced by your percentage of fault, as long as you’re not more than 50% responsible for what happened.
For example, if your total damages are $100,000 but you’re found to be 20% at fault, you’d receive $80,000.
Types of Damages You Can Recover
Economic Damages
These are the financial losses you can calculate with receipts and bills:
Medical Expenses
- Emergency room visits
- Doctor appointments
- Surgery costs
- Prescription medications
- Physical therapy
- Psychological counseling
- Future medical care
Lost Wages
- Time off work for medical treatment
- Reduced earning capacity if you can’t return to your previous job
- Lost business opportunities
Other Out-of-Pocket Expenses
- Transportation to medical appointments
- Home modifications if you have permanent disabilities
- Replacement of damaged clothing or personal items
Non-Economic Damages
These are harder to calculate but can be substantial:
Pain and Suffering
This covers the physical pain and discomfort you’ve experienced and will continue to experience because of your injuries.
Emotional Distress
Many dog bite victims develop anxiety, depression, or PTSD after an attack. This is especially common in children.
Scarring and Disfigurement
Permanent scars or disfigurement can have a significant impact on your quality of life and self-esteem.
Loss of Enjoyment of Life
If your injuries prevent you from participating in activities you previously enjoyed, you can be compensated for this loss.
Punitive Damages
In rare cases involving particularly egregious conduct by the dog owner, Colorado courts might award punitive damages. These are designed to punish the defendant rather than compensate you for losses.
Special Considerations for Different Types of Victims
Children and Dog Bites
Children are disproportionately affected by dog bites, and their cases often have unique considerations:
Higher Settlement Values
Children’s cases often settle for more money because:
- They have longer life expectancies, meaning permanent injuries affect them for more years
- Facial scarring on a child can have lifelong psychological impacts
- Children are generally seen as more sympathetic by juries
Longer Treatment Periods
Children might need multiple reconstructive surgeries as they grow, extending the treatment timeline and settlement negotiations.
Court Approval Required
In Colorado, settlements involving minors must be approved by the court to ensure they’re in the child’s best interest. This can add a few weeks to the settlement timeline.
Elderly Victims
Older adults face their own unique challenges:
Slower Healing
Older adults often heal more slowly from injuries, which can extend the medical treatment phase of the case.
Higher Risk of Complications
Age-related health conditions can make dog bite injuries more serious and increase the risk of complications like infections.
Medication Interactions
Antibiotics and other medications used to treat dog bites can interact with medications older adults are already taking.
Victims with Pre-existing Conditions
If you had health problems before the dog bite, this doesn’t disqualify you from compensation, but it can complicate your case:
Aggravation of Existing Conditions
If the dog bite made an existing condition worse, you can still recover damages for that aggravation.
Increased Medical Complexity
Pre-existing conditions can make it harder to determine which medical issues are related to the dog bite and which aren’t.
Insurance Company Arguments
Insurance companies often try to blame ongoing problems on pre-existing conditions rather than the dog bite. Having an experienced attorney helps counter these arguments.
Working with Medical Providers
Choosing the Right Doctors
The medical providers you choose can significantly impact both your recovery and your case:
Emergency Care
Get immediate medical attention, even if the bite seems minor. Emergency room records provide important documentation of your injuries.
Follow-up Care
See your primary care doctor or a specialist for follow-up care. Don’t just rely on urgent care centers for ongoing treatment.
Specialists
Depending on your injuries, you might need to see:
- Plastic surgeons for scarring or disfigurement
- Infectious disease specialists for serious infections
- Mental health professionals for trauma counseling
- Physical therapists for mobility issues
Medical Documentation
Good medical records are crucial for your case:
Be Thorough
Tell your doctors about all your symptoms, even if they seem minor. If it’s not in your medical records, it’s harder to prove later.
Follow Treatment Plans
Insurance companies look for reasons to deny claims. If you don’t follow your doctor’s recommendations, they might argue you weren’t really injured.
Keep Your Own Records
In addition to official medical records, keep your own notes about:
- Daily pain levels
- Activities you can’t do because of your injuries
- How the injuries affect your sleep, mood, and relationships
Dealing with Medical Bills
Dog bite injuries can result in substantial medical bills, and you might be wondering how to pay them:
Health Insurance
Use your health insurance to pay for treatment. Your health insurance company might have a right to be reimbursed from your settlement, but this is usually negotiable.
Medical Liens
Some doctors will treat you on a “lien” basis, meaning they’ll wait to be paid until your case settles. However, be careful with medical liens because they can be expensive.
Letters of Protection
Your attorney might be able to arrange for medical providers to treat you based on a “letter of protection,” which guarantees payment from your settlement.
Dealing with Insurance Companies
The Insurance Company’s Goals
Let’s be honest about what you’re up against. Insurance companies are businesses, and their goal is to pay out as little money as possible on claims. They have teams of adjusters, investigators, and lawyers whose job is to minimize your settlement.
This doesn’t make them evil, but it does mean their interests aren’t aligned with yours. They’re not your friends, even if they seem friendly on the phone.
Common Insurance Company Tactics
Quick Settlement Offers
Insurance companies often make quick, low settlement offers hoping you’ll accept before you fully understand the extent of your injuries. Don’t be tempted by these early offers – they’re almost always inadequate.
Requesting Unnecessary Documentation
Adjusters might request extensive medical records going back years, hoping to find pre-existing conditions they can blame for your current problems.
Surveillance
In larger cases, insurance companies sometimes hire private investigators to follow you around, hoping to catch you doing activities that contradict your claimed injuries.
Independent Medical Examinations
The insurance company might ask you to see a doctor of their choosing for an “independent” medical exam. These doctors are paid by the insurance company and often minimize injuries.
Protecting Yourself
Don’t Give Recorded Statements
As I mentioned earlier, avoid giving recorded statements to the insurance company without your attorney present. These statements can be taken out of context later.
Be Careful on Social Media
Insurance companies regularly check social media profiles of claimants. A photo of you smiling at a family gathering could be used to argue that you’re not really suffering from emotional distress.
Follow Your Treatment Plan
Gaps in medical treatment give insurance companies ammunition to argue that you weren’t really injured.
Let Your Attorney Handle Communications
Once you have a lawyer, let them handle all communications with the insurance company. This protects you from saying something that could hurt your case.
The Role of Expert Witnesses
Medical Experts
In complex dog bite cases, your attorney might hire medical experts to:
Explain Your Injuries
Medical experts can help a jury understand the severity of your injuries and the treatment you’ve received.
Discuss Future Medical Needs
If you’ll need ongoing medical care, a medical expert can explain what treatment you’ll need and how much it will cost.
Address Causation Issues
If the insurance company argues that your problems aren’t related to the dog bite, a medical expert can explain why your injuries were caused by the attack.
Animal Behavior Experts
In some cases, animal behavior experts can provide valuable testimony about:
Dog Behavior
An expert can explain why the dog attacked and whether the owner should have anticipated the aggressive behavior.
Owner Negligence
Animal behavior experts can testify about proper dog handling, training, and containment methods.
Economic Experts
For cases involving significant lost wages or future earning capacity, economic experts can:
Calculate Lost Income
They can determine how much income you’ve lost and will lose in the future because of your injuries.
Present Value Calculations
They can calculate the present value of future losses, which is important for settlement negotiations.
Psychological Impact and Compensation
Common Psychological Effects
Dog attacks can have lasting psychological effects that are just as real as physical injuries:
Post-Traumatic Stress Disorder (PTSD)
Many dog bite victims develop PTSD, especially after severe attacks. Symptoms can include:
- Flashbacks to the attack
- Nightmares
- Anxiety around dogs
- Avoidance of places where dogs might be present
If you’re dealing with PTSD after any type of traumatic incident, you might find this article about navigating life post-collision and the possibility of PTSD helpful, even though it focuses on car accidents.
Anxiety and Depression
The trauma of a dog attack can trigger anxiety disorders and depression, especially in children.
Phobias
Many victims develop a specific phobia of dogs that can significantly impact their daily lives.
Documenting Psychological Injuries
Mental Health Treatment
See a mental health professional if you’re experiencing psychological symptoms. This creates documentation of your emotional injuries.
Impact Statements
Keep notes about how the psychological effects impact your daily life:
- Can you walk in your neighborhood without fear?
- Do you avoid visiting friends who have dogs?
- Are you having trouble sleeping or concentrating at work?
Family Impact
Psychological injuries don’t just affect you – they can impact your relationships with family members and friends.
Compensation for Psychological Injuries
Therapy Costs
You can recover the cost of psychological counseling and therapy sessions.
Medication Expenses
If you need prescription medications for anxiety or depression, these costs are recoverable.
Pain and Suffering
Psychological injuries are included in pain and suffering damages, which can be substantial in severe cases.
Special Situations and Complications
Multiple Dog Attacks
If you were attacked by more than one dog, this can complicate your case:
Multiple Owners
If the dogs have different owners, you might have claims against multiple defendants with different insurance policies.
Increased Severity
Attacks by multiple dogs are often more severe, potentially increasing the value of your case.
Complex Liability Issues
Determining how much each dog contributed to your injuries can be complicated.
Attacks by Police or Military Dogs
Special rules apply to attacks by law enforcement or military dogs:
Higher Standard
You typically need to prove that the use of the dog was unreasonable or excessive under the circumstances.
Governmental Immunity
There might be special rules about suing government entities that own police or military dogs.
Shorter Deadlines
Claims against government entities often have shorter deadlines for filing notice of your claim.
Dog Bites on Someone Else’s Property
If you were bitten while visiting someone else’s property, there might be multiple sources of liability:
Dog Owner Liability
The dog’s owner is typically liable under Colorado’s strict liability statute.
Property Owner Liability
The property owner might also be liable if they knew the dog was dangerous and failed to take reasonable precautions.
Landlord Liability
If the dog owner was renting the property, the landlord might be liable under certain circumstances.
Bites by Stray or Unknown Dogs
Cases involving stray dogs present unique challenges:
No Owner to Sue
If you can’t identify the dog’s owner, you might not have anyone to pursue for damages.
Animal Control Records
Check with local animal control to see if they’ve captured the dog or have records of previous complaints.
Homeowner’s Insurance
Sometimes stray dogs are actually owned by someone who claims they’re strays to avoid liability.
Settlement Negotiations: The Art of the Deal
Preparing for Negotiations
Case Valuation
Your attorney will carefully evaluate your case to determine a fair settlement range. This involves looking at:
- Similar cases in Colorado
- The severity of your injuries
- The strength of the liability case
- Available insurance coverage
- Your age and occupation
Demand Package Preparation
Your lawyer will prepare a comprehensive demand package that includes:
- A detailed narrative of what happened
- All medical records and bills
- Documentation of lost wages
- Photos of your injuries
- Expert reports if necessary
- A specific demand amount
The Negotiation Process
Opening Positions
Your attorney will typically demand more than they expect to receive, while the insurance company will offer less than they’re willing to pay. This gives both sides room to negotiate.
Incremental Movement
Negotiations often involve small movements by both sides over time. This can be frustrating, but it’s normal.
Deadline Pressure
As the statute of limitations deadline approaches, both sides have more incentive to settle rather than risk the uncertainty of trial.
Mediation
Many cases settle during mediation, where a neutral third party helps facilitate negotiations.
Evaluating Settlement Offers
Adequacy Analysis
Your attorney will help you evaluate whether settlement offers adequately compensate you for:
- All medical expenses (past and future)
- Lost income and earning capacity
- Pain and suffering
- Other damages
Risk Assessment
Settlement involves weighing a guaranteed amount against the uncertainty of trial. Your lawyer will help you understand:
- The likelihood of winning at trial
- Potential trial awards in similar cases
- The costs and time involved in going to trial
- The risk of getting nothing if you lose
Tax Considerations
Most personal injury settlements aren’t taxable, but there can be exceptions. Make sure you understand any tax implications before accepting a settlement.
Trial Preparation and Process
When Cases Go to Trial
Most dog bite cases settle, but some do go to trial. Common reasons include:
Disputed Liability
If the insurance company claims you were at fault or trespassing, they might be unwilling to make a reasonable settlement offer.
Inadequate Insurance Coverage
If the available insurance coverage isn’t enough to fairly compensate you, you might need to go to trial to recover the full amount.
Unreasonable Insurance Company
Some insurance companies are notorious for refusing to make fair settlement offers, even in strong cases.
Pre-Trial Preparation
Discovery Process
Both sides will exchange information through:
- Document requests
- Written interrogatories
- Depositions of key witnesses
- Independent medical examinations
Expert Witness Preparation
Your attorney will work with expert witnesses to prepare their testimony and demonstrative exhibits.
Settlement Conferences
Even after a lawsuit is filed, courts often require settlement conferences to see if the case can be resolved without trial.
The Trial Process
Jury Selection
Both sides will participate in selecting jurors who can fairly evaluate your case.
Opening Statements
Your attorney will outline your case and what you’re seeking in damages.
Presentation of Evidence
You’ll testify about what happened and how the injuries have affected your life. Medical experts and other witnesses will also testify.
Cross-Examination
The defense attorney will cross-examine you and your witnesses, trying to minimize your damages or challenge liability.
Closing Arguments
Both sides will summarize their cases and ask the jury for a verdict.
Jury Deliberation
The jury will deliberate and hopefully return a verdict in your favor.
Post-Trial Issues
Appeals
Either side can appeal the verdict, which can delay final resolution for months or years.
Collection Issues
Even if you win at trial, you still need to collect the judgment. This is usually not a problem if there’s adequate insurance coverage.
Satisfaction of Judgment
Once you receive payment, your attorney will file appropriate paperwork to satisfy the judgment.
Managing Expectations and Emotional Challenges
Realistic Timeline Expectations
Average Settlement Times
Most dog bite cases in Colorado settle within 6-18 months, but every case is different. Factors that affect timing include:
- Severity of injuries
- Complexity of liability issues
- Cooperation of insurance companies
- Court schedules if litigation is necessary
Patience is Key
I know it’s frustrating to wait for resolution when you’re dealing with medical bills and other financial pressures. However, settling too quickly often means accepting less than your case is worth.
Communication with Your Attorney
Stay in regular contact with your lawyer. They should keep you informed about developments in your case and explain any delays.
Emotional Challenges
Reliving the Trauma
Going through a legal case means you’ll have to recount what happened multiple times. This can be emotionally difficult, especially if you’re dealing with PTSD or other psychological effects.
Frustration with the Process
The legal system moves slowly, and insurance companies often seem unreasonable. This can be incredibly frustrating when you’re trying to move on with your life.
Financial Stress
Medical bills and lost wages can create significant financial pressure. Talk to your attorney about options for managing these expenses during your case.
Coping Strategies
Mental Health Support
Don’t hesitate to seek counseling or therapy to help you cope with the emotional aftermath of the attack and the stress of the legal process.
Support Systems
Lean on family and friends for emotional support. Consider joining support groups for trauma survivors.
Focus on Recovery
While your case is pending, focus on your physical and emotional recovery. Follow your treatment plans and take care of yourself.
Financial Considerations During Your Case
Managing Medical Bills
Health Insurance
Use your health insurance to pay for treatment. Your health insurer might have a right to reimbursement from your settlement, but this can often be negotiated.
Payment Plans
Many medical providers will work with you on payment plans while your case is pending.
Medical Liens
Some providers will treat you on a lien basis, meaning they’ll wait for payment until your case resolves. Be careful with medical liens because they can be expensive.
Lost Wage Documentation
Employment Records
Keep detailed records of time missed from work, including:
- Dates of missed work
- Reason for absence (medical appointments, inability to work due to injuries)
- Lost wages and benefits
Employer Cooperation
Your employer can provide valuable documentation about your lost wages and how your injuries have affected your work performance.
Self-Employment Issues
If you’re self-employed, documenting lost income can be more challenging. Keep detailed records of:
- Lost business opportunities
- Clients you couldn’t serve
- Income comparisons to previous periods
Litigation Funding
Attorney Fees
Most personal injury attorneys work on contingency, meaning you don’t pay attorney fees unless you win. However, you might be responsible for case expenses like expert witness fees and court costs.
Litigation Loans
Some companies offer loans against your potential settlement. These can be expensive and should be used carefully.
Financial Planning
Consider consulting with a financial advisor about managing a potential settlement, especially if it’s substantial.
Working with Your Attorney
Choosing the Right Lawyer
Experience Matters
Look for an attorney who has significant experience handling dog bite cases specifically. Dog bite law has unique aspects that general practice attorneys might not understand.
Track Record
Ask about the attorney’s track record with dog bite cases. What settlements have they achieved? How many cases have they taken to trial?
Communication Style
You’ll be working with your attorney for months or possibly years. Make sure you’re comfortable with their communication style and that they’re responsive to your questions.
Resources
Dog bite cases can require significant resources for expert witnesses, medical record review, and investigation. Make sure your attorney has the resources to properly handle your case.
What to Expect from Your Attorney
Regular Communication
Your attorney should keep you informed about developments in your case and return your calls promptly.
Case Strategy
Your lawyer should explain their strategy for your case and involve you in major decisions.
Settlement Recommendations
When settlement offers are made, your attorney should explain the pros and cons and give you their honest recommendation.
Trial Preparation
If your case goes to trial, your attorney should thoroughly prepare you for testimony and explain what to expect.
Your Role in the Case
Honesty
Be completely honest with your attorney about what happened, your injuries, and your medical history. They can’t effectively represent you if they don’t have all the facts.
Cooperation
Cooperate with your attorney’s requests for information and documentation. Delays in providing information can slow down your case.
Medical Treatment
Follow your doctor’s treatment recommendations. Gaps in treatment can hurt your case.
Communication
Keep your attorney informed about changes in your condition, new medical treatments, or any contact from insurance companies.
Understanding Settlement Documents
Release Agreements
General Releases
Most settlements involve signing a general release that prevents you from pursuing any further claims related to the incident.
Scope of Release
Make sure you understand exactly what claims you’re releasing. Sometimes releases are broader than necessary.
Future Medical Issues
Consider what happens if you develop complications related to your injuries after settling. Once you sign a release, you typically can’t come back for more money.
Settlement Checks and Distribution
Attorney Fees and Costs
Your attorney will deduct their fees and case costs from the settlement before distributing funds to you.
Medical Liens
Any medical liens or health insurance reimbursement claims will be paid from the settlement proceeds.
Net Settlement
Make sure you understand exactly how much money you’ll receive after all deductions.
Tax Implications
Personal Injury Settlements
Most personal injury settlements aren’t taxable income, but there can be exceptions.
Punitive Damages
Punitive damages might be taxable, unlike compensatory damages.
Interest and Investment Income
Any interest or investment income you earn on settlement proceeds will be taxable.
Professional Advice
Consider consulting with a tax professional about the implications of your settlement.
Prevention and Moving Forward
Preventing Future Incidents
Dog Safety Education
Learn about dog behavior and safety to help prevent future incidents:
- Don’t approach unfamiliar dogs
- Ask permission before petting someone’s dog
- Avoid direct eye contact with aggressive dogs
- Don’t run from dogs
Teaching Children
If you have children, teach them about dog safety:
- Never approach a dog without permission
- Don’t disturb dogs that are eating or sleeping
- Back away slowly from aggressive dogs
- Tell an adult immediately if a dog acts aggressively
Reporting Dangerous Dogs
If you encounter dogs that seem dangerous or are running loose, report them to animal control. This can help prevent attacks on other people.
Moving Forward After Settlement
Medical Follow-up
Even after your case settles, continue any necessary medical treatment. Some effects of dog bites can develop over time.
Psychological Support
If you’re dealing with ongoing psychological effects, continue counseling or therapy as needed.
Financial Planning
If you received a substantial settlement, consider working with a financial advisor to make the most of your compensation.
Advocacy
Some dog bite victims become advocates for stronger dog bite laws or better animal control enforcement. This can be a positive way to channel your experience.
When to Contact McCormick & Murphy P.C.
If you’ve been bitten by a dog in Colorado, you don’t have to handle this alone. McCormick & Murphy P.C. has been helping personal injury victims since 1995, and they understand exactly what you’re going through.
Here’s when you should definitely contact an attorney:
Serious Injuries
- Deep wounds requiring stitches or surgery
- Nerve damage or loss of function
- Permanent scarring or disfigurement
- Infections or complications
- Psychological trauma
Complicated Circumstances
- The dog owner is disputing what happened
- You were blamed for provoking the dog
- Multiple dogs were involved
- The attack happened on commercial property
- The dog owner doesn’t have insurance or adequate coverage
Insurance Company Problems
- The insurance company is denying your claim
- You’re getting lowball settlement offers
- The adjuster is asking for excessive documentation
- You’re being pressured to give recorded statements
Financial Impact
- Significant medical bills
- Lost time from work
- Ongoing treatment needs
- Permanent disability or disfigurement
McCormick & Murphy P.C. offers free consultations, so there’s no risk in talking to them about your case. They work on a contingency fee basis, which means you don’t pay attorney fees unless they recover money for you.
You can reach them at (719) 451-7541 or visit their office at 301 N Main St, Pueblo, CO 81003. With over 60 years of combined experience, Kirk McCormick and Jay Murphy have the knowledge and resources to handle even the most complex dog bite cases.
Red Flags: When Insurance Companies Act in Bad Faith
Sometimes insurance companies don’t just make low offers – they act in bad faith by unreasonably denying claims or refusing to investigate properly. Here are some warning signs:
Unreasonable Claim Denials
- Denying your claim without proper investigation
- Claiming you were trespassing when you clearly weren’t
- Arguing that you provoked the dog without evidence
- Refusing to acknowledge clear liability
Investigation Problems
- Failing to interview witnesses
- Not reviewing medical records
- Refusing to inspect the scene of the attack
- Ignoring evidence that supports your claim
Communication Issues
- Not returning your calls
- Refusing to provide claim status updates
- Making unreasonable document requests
- Pressuring you to settle quickly for inadequate amounts
If you’re dealing with these issues, you might have a bad faith claim against the insurance company in addition to your dog bite claim. Colorado has strong laws protecting consumers from insurance bad faith, and you can learn more about challenging an insurance company’s decision in bad faith cases.
The Importance of Documentation
I can’t stress this enough – documentation is absolutely critical to your case. Here’s what you need to keep track of:
Medical Documentation
- Emergency room records
- Doctor visit notes
- Prescription receipts
- Physical therapy records
- Psychological counseling records
- Photos of your injuries (take new photos regularly to show healing progress)
Financial Documentation
- Medical bills
- Insurance explanation of benefits
- Pay stubs showing lost wages
- Tax returns (to prove income)
- Receipts for out-of-pocket expenses
Incident Documentation
- Photos of the scene
- Contact information for witnesses
- Animal control reports
- Police reports (if any)
- Your own written account of what happened
Daily Impact Documentation
Keep a journal documenting:
- Daily pain levels
- Activities you can’t do because of your injuries
- Sleep disruption
- Emotional effects
- How the injuries affect your relationships and work
This documentation will be invaluable during settlement negotiations and trial preparation.
Common Mistakes That Can Hurt Your Case
Talking to the Insurance Company Without an Attorney
Insurance adjusters are trained to get information they can use against you. Even innocent comments can be taken out of context later.
Waiting Too Long to Seek Medical Attention
If you wait days or weeks to see a doctor, the insurance company will argue that your injuries aren’t serious or aren’t related to the dog bite.
Not Following Medical Treatment Plans
Gaps in treatment or failure to follow doctor’s orders give insurance companies ammunition to minimize your claim.
Posting on Social Media
Insurance companies regularly check social media profiles. Photos of you engaging in activities could be used to argue that you’re not as injured as you claim.
Accepting Quick Settlement Offers
Early settlement offers are almost always inadequate. Don’t accept any offer without understanding the full extent of your injuries and damages.
Not Documenting Everything
Without proper documentation, it’s much harder to prove your damages and the impact the injuries have had on your life.
Trying to Handle the Case Yourself
Dog bite law is complex, and insurance companies take advantage of unrepresented victims. Having an experienced attorney levels the playing field.
Understanding Your Medical Treatment
Types of Medical Care You Might Need
Emergency Treatment
- Wound cleaning and suturing
- Tetanus shots
- Antibiotics to prevent infection
- Pain medication
- X-rays to check for bone damage
Follow-up Care
- Wound care and dressing changes
- Monitoring for infection
- Physical therapy for mobility issues
- Scar treatment
Specialist Care
- Plastic surgery for scarring or disfigurement
- Orthopedic surgery for bone or joint injuries
- Infectious disease specialists for serious infections
- Mental health professionals for trauma counseling
Long-term Treatment
- Additional surgeries as you heal
- Ongoing physical therapy
- Psychological counseling
- Pain management
Working with Medical Providers
Be Honest About Your Symptoms
Tell your doctors about all your symptoms, even if they seem minor. If it’s not documented in your medical records, it’s harder to prove later.
Ask Questions
Make sure you understand your diagnosis, treatment plan, and prognosis. Ask about:
- Long-term effects of your injuries
- Whether you’ll need future medical care
- Restrictions on your activities
- Expected recovery timeline
Follow Treatment Plans
It’s critical that you follow your doctor’s recommendations. Insurance companies look for reasons to deny claims, and they’ll argue that you weren’t really injured if you don’t follow treatment plans.
Keep Your Own Records
In addition to official medical records, keep your own notes about:
- Symptoms you’re experiencing
- How the injuries affect your daily activities
- Side effects from medications
- Questions to ask at your next appointment
Dealing with Scarring and Disfigurement
Dog bites often result in permanent scarring, which can have significant physical and emotional effects:
Types of Scarring
- Puncture wounds from teeth
- Lacerations from tearing
- Avulsion injuries where skin is torn away
- Contracture scars that limit movement
Treatment Options
- Scar revision surgery
- Laser treatment
- Steroid injections
- Silicone sheets or gels
- Pressure garments
Compensation for Scarring
Scarring and disfigurement can significantly increase the value of your case, especially if:
- The scars are on visible areas like your face, hands, or arms
- The scars affect your ability to work or participate in activities
- You’re young and will live with the scars for many years
- The scars cause psychological distress
Psychological Impact
Don’t underestimate the emotional impact of scarring:
- Self-consciousness about appearance
- Depression or anxiety
- Social withdrawal
- Impact on relationships
- Reduced quality of life
These psychological effects are compensable damages in your case.
Children and Dog Bite Cases
Children are involved in a disproportionate number of dog bite cases, and their cases have special considerations:
Why Children Are at Higher Risk
- They’re at the same height as many dogs
- They may not recognize warning signs of aggression
- They often approach unfamiliar dogs without caution
- Their movements and sounds can trigger prey drive in dogs
Special Legal Considerations
Court Approval Required
In Colorado, settlements involving minors must be approved by the court to ensure they’re in the child’s best interest.
Guardian ad Litem
The court might appoint a guardian ad litem to represent the child’s interests independently.
Structured Settlements
Courts often prefer structured settlements for children, which provide payments over time rather than a lump sum.
Higher Settlement Values
Children’s cases often settle for more money because:
- They have longer life expectancies
- Facial scarring can have lifelong impacts
- They may need multiple surgeries as they grow
- Juries are sympathetic to injured children
Psychological Impact on Children
Dog attacks can have lasting psychological effects on children:
- Development of specific phobias
- General anxiety disorders
- Sleep disturbances and nightmares
- Regression in development
- School performance issues
Make sure your child receives appropriate mental health treatment, both for their wellbeing and to document these damages for your case.
Conclusion: Your Path Forward
Dealing with a dog bite case in Colorado can feel overwhelming, but understanding the timeline and process helps you know what to expect. Remember, most cases settle within 6-18 months, though complex cases can take longer.
The key things to remember:
- Get medical attention immediately
- Document everything
- Don’t talk to insurance companies without an attorney
- Be patient with the process
- Focus on your recovery
If you’ve been bitten by a dog, don’t try to handle it alone. The insurance companies have teams of professionals working to minimize your claim – you should have experienced representation too.
McCormick & Murphy P.C. has been helping Colorado dog bite victims for nearly three decades. They understand the medical, legal, and emotional challenges you’re facing, and they’re committed to helping you get the compensation you deserve.
The consultation is free, and you don’t pay attorney fees unless they win your case. Call (719) 451-7541 today to discuss your situation. You’ve been through enough – let experienced professionals handle the legal battle while you focus on healing and moving forward with your life.
Remember, you have rights under Colorado law, and you deserve fair compensation for your injuries. Don’t let insurance companies take advantage of you during this difficult time. Get the help you need to protect your interests and secure your future.
