Homeowner’s Insurance Coverage for Dog Bite Claims: What Victims Need to Know

Imagine this: You’re enjoying a lovely Saturday morning stroll through your neighborhood when, out of nowhere, a dog breaks free from its yard and attacks you. In those terrifying moments, thinking about insurance coverage is probably the absolute last thing on your mind. But here’s what I really want you to understand – knowing how homeowner’s insurance works for dog bite claims can truly be the difference between getting the support you need and ending up stuck with huge medical bills.

As someone who’s seen countless dog bite cases over the years, I can tell you these incidents happen way more often than most people realize. The American Veterinary Medical Association reports that around 4.5 million dog bites occur in the United States every single year. That’s roughly one bite every seven seconds! Even more concerning? About 800,000 of these bites require medical attention.

The good news? Most homeowner’s insurance policies usually do cover dog bite claims. The not-so-good news? The whole process isn’t always super straightforward, and insurance companies don’t exactly roll out the red carpet when it comes to paying these claims.

Why Dog Bite Claims Are a Bigger Deal Than You Might Think

Let me be straight with you – dog bite injuries can be absolutely devastating, both physically and financially. I’ve worked with folks who’ve faced medical bills ranging from a few thousand dollars for minor scrapes to well over $100,000 for severe attacks that needed reconstructive surgery, psychological counseling, and long-term rehab.

The Centers for Disease Control and Prevention tells us that dog bites cost Americans more than $1 billion annually in medical expenses and lost wages. These aren’t just numbers on a page, you know? They represent real people dealing with real trauma and real financial hardship.

The Hidden Costs You Might Not Even Consider

When most people think about dog bite injuries, they usually just focus on the immediate trip to the doctor or hospital. But here’s what many don’t realize:

Infection Treatment: Dog mouths are home to over 60 different types of bacteria. Even bites that seem small can lead to serious infections that need lots of antibiotics or even a stay in the hospital.

Reconstructive Surgery: Bites to the face, which are unfortunately common in children, often require multiple plastic surgeries over several years to lessen scarring and get things working properly again.

Psychological Counseling: Lots of dog bite victims, especially kids, develop lasting fears and anxiety that need ongoing therapy. It’s not just about the physical wound.

Lost Wages: Recovery time can stretch on for weeks or even months, especially if the bite affects your dominant hand or if your job involves a lot of physical activity. Imagine trying to type or lift things with a severely injured hand!

Future Medical Care: Some injuries just aren’t a one-and-done deal. They might need ongoing treatment, physical therapy, or even more surgeries down the road.

How Homeowner’s Insurance Typically Handles Dog Bite Claims

Okay, so here’s where things get interesting. Most standard homeowner’s insurance policies include liability coverage that also covers dog bites. This usually falls under the personal liability part of the policy, which often provides between $100,000 and $500,000 in coverage, though some policies offer up to $1 million or even more.

The Standard Coverage Setup

When a dog bite happens, the homeowner’s insurance generally covers:

• Medical expenses for the victim’s treatment
• Lost wages if the injury keeps the victim from working
• Compensation for pain and suffering
• Legal defense costs if a lawsuit gets filed
• Property damage if the dog ruined clothing, electronics, or other personal items during the attack

But here’s the catch – and there’s always a catch with insurance, isn’t there? – the coverage isn’t automatic, and it’s definitely not unlimited.

The Claims Process: What Really Happens

Let me walk you through what typically goes down when a dog bite claim is filed:

Step 1: Initial Report
The victim or someone helping them contacts the homeowner’s insurance company to report the incident. This should happen as soon as humanly possible after the attack.

Step 2: Investigation Starts
The insurance company assigns an adjuster to look into the claim. They’ll want to chat with the victim, the dog owner, and any witnesses. They’ll also ask for medical records and police reports if they’re available.

Step 3: Figuring Out Who’s Responsible
The adjuster decides if their insured (the dog owner) is responsible for the attack and if the incident is covered under the policy.

Step 4: Assessing the Damages
If they agree the owner is responsible, the insurance company then figures out the extent of the damages, including medical bills, lost wages, and pain and suffering.

Step 5: Settlement Talk
The insurance company makes a settlement offer, which you can accept, say no to, or try to negotiate.

Sounds pretty straightforward, right? Well, like I said, not always.

Common Ways Insurance Companies Try to Deny or Reduce Dog Bite Claims

I hate to be the bearer of bad news, but insurance companies are businesses, plain and simple. Their main goal is to pay out as little as possible while still keeping a good reputation. Here are some of the tricks I’ve seen them use to avoid paying full compensation on dog bite claims:

The “You Provoked the Dog” Defense

This is probably the most common defense insurance companies pull out. They’ll argue that the victim somehow egged on the dog, which would reduce or even completely wipe out the owner’s responsibility. I’ve seen them claim provocation for things like:

• Just walking past the dog’s property
• Making eye contact with the dog
• Moving “suddenly” near the dog
• Being in the dog’s “territory”

The problem is that what counts as “provocation” can be super different from state to state, and insurance companies often stretch this definition way beyond what’s fair or reasonable.

The “You Were Trespassing” Argument

If the bite happened on the dog owner’s property, the insurance company might argue that the victim was trespassing. This can get tricky because even invited guests might be considered trespassers if they wandered into areas where they weren’t specifically invited. It’s a fine line they love to exploit.

Breed-Specific Policy Exclusions

Here’s something that really catches a lot of people off guard: some insurance companies completely exclude certain dog breeds from coverage. The breeds they most often exclude include:

• Pit bulls and pit bull mixes
• Rottweilers
• German Shepherds
• Doberman Pinschers
• Chow Chows
• Akitas
• Wolf hybrids

If the dog that bit you is on the insurance company’s excluded breed list, they’ll just flat-out deny the claim.

The “Known Dangerous Tendencies” Exclusion

Some policies won’t cover a claim if the insurance company can prove the dog owner already knew their pet had a history of being dangerous. This might include previous bite incidents, complaints about aggressive behavior, or even certain types of training.

Minimizing Medical Treatment

Insurance adjusters often look really closely at medical treatment, questioning whether certain procedures were truly necessary or if the victim is getting “too much” treatment for their injuries. They might:

• Demand you get independent medical examinations
• Question why you need psychological counseling
• Challenge the necessity of reconstructive surgery
• Argue that you’re “overtreating” your injuries

State Laws That Affect Your Dog Bite Claim

One thing that makes dog bite claims complicated is that the laws are wildly different from state to state. Understanding your state’s approach can really help you know what to expect from the insurance company.

Strict Liability States

In strict liability states, dog owners are responsible for bite injuries no matter if they knew their dog was dangerous or if the dog had ever bitten anyone before. This basically makes it easier for victims to get compensation. States with strict liability laws include:

• California
• Florida
• Illinois
• Michigan
• New Jersey
• And many others

“One Bite” Rule States

Some states still follow the old “one bite” rule, where owners aren’t responsible for the first bite unless they already knew (or should have known) their dog was dangerous. However, most of these states have changed this rule quite a bit over the years.

Negligence-Based States

A few states require victims to actually prove that the dog owner was careless in controlling their pet. This can make claims more challenging, but it’s not impossible.

Colorado’s Approach

Under Colorado Revised Statutes § 13-21-124, dog owners are strictly responsible for certain damages if their dog bites a person. This strict liability applies only to economic damages (such as medical bills, lost wages, and other financial costs) and only if the bite results in “serious bodily injury” or death.

For this strict liability to apply:

• The victim must have been lawfully on public property or lawfully on private property.
• The victim must not have knowingly provoked the dog.
• The bite must have caused a “serious bodily injury” or death. (Colorado law defines “serious bodily injury” as an injury that involves a substantial risk of death, serious permanent disfigurement, or a protracted loss or impairment of the function of any part or organ of the body, including broken bones or severe burns.)

However, if the bite does not result in “serious bodily injury,” or if you wish to recover non-economic damages (like pain and suffering, emotional distress, and loss of enjoyment of life), you generally need to prove the dog owner’s negligence. Proving negligence means showing that the owner acted unreasonably and that their unreasonable actions (or inactions) led to the bite. This might involve demonstrating:

• The owner violated a leash law or other local animal control ordinances (e.g., in Colorado Springs).
• The owner knew or should have known the dog had dangerous tendencies or a history of aggression but failed to take reasonable precautions.
• The owner failed to properly control or restrain the dog.

What Makes a Strong Dog Bite Insurance Claim

After handling hundreds of these cases, I can tell you that certain things make dog bite claims much stronger and way more likely to result in fair compensation.

Immediate Medical Attention

Getting medical care right away does two super important things: it protects your health, and it creates a documented record of your injuries. Even if the bite seems tiny, get it checked out. I’ve seen too many cases where seemingly small wounds led to serious infections or needed much more extensive treatment than anyone first thought.

Photographic Evidence

Snap pictures of absolutely everything:

• Your injuries (from different angles and as they heal over time)
• The spot where the attack happened
• Any torn or damaged clothing
• The dog itself, if you can safely do so

Photos tell a story that written reports simply can’t capture. They’re your silent witnesses.

Witness Information

If anyone saw the attack, get their contact information right away. Witness testimony can be a game-changer in countering insurance company defenses like provocation or trespassing.

Police Reports

Many people don’t realize they should call the police after a dog bite, but having an official report can really beef up your claim. The police report gives an objective, third-party account of what went down.

Animal Control Reports

Contact your local animal control agency to report the bite. They’ll investigate and create a record that can be incredibly valuable for your claim.

Detailed Documentation

Keep super detailed records of everything related to your injury:

• All your medical appointments and treatments
• Any medications prescribed
• Time you missed from work
• How the injury affects your everyday activities (e.g., can’t pick up your kids, can’t cook)
• Any emotional or psychological impacts you’re feeling

Understanding Policy Limits and What They Mean for You

Here’s something that might surprise you: just because a homeowner has insurance doesn’t mean there’s unlimited money available for your claim. Every policy has limits, and knowing these limits is important for managing your expectations.

Typical Policy Limits

Most homeowner’s insurance policies provide liability coverage in these general ranges:

• Basic Coverage: $100,000 to $300,000
• Standard Coverage: $300,000 to $500,000
• Enhanced Coverage: $500,000 to $1,000,000
• Umbrella Policies: These are extra policies that can give you $1,000,000 to $5,000,000 or even more in additional liability coverage.

What Happens When Damages Go Beyond Policy Limits

If your damages end up being more than the available insurance coverage, you have a few options:

Go After the Dog Owner’s Personal Assets: You can try to get compensation beyond the insurance limits from the owner’s personal assets, but this is usually only worth it if they actually have significant assets to go after.

Look for Additional Insurance: Some homeowners have those umbrella policies I mentioned, which provide extra liability coverage beyond their basic homeowner’s policy. Always worth checking!

Explore Other Potential Defendants: In some cases, other parties might share responsibility, like landlords who knew about dangerous dogs on their property.

The Role of Medical Documentation in Your Claim

I truly can’t stress this enough: medical documentation is the absolute backbone of any successful dog bite claim. Insurance companies will scrutinize every single detail of your medical treatment, so having thorough, consistent documentation is super important.

Types of Medical Evidence You Need

Emergency Room Records: These are your immediate proof of injuries and the first treatment you got.

Primary Care Physician Notes: Follow-up care with your regular doctor shows ongoing treatment needs and how your recovery is progressing.

Specialist Reports: If you need to see plastic surgeons, orthopedic specialists, or other experts, their reports carry a lot of weight with insurance companies.

Psychological Evaluations: Please don’t overlook the mental health impact of a dog attack. Many victims develop anxiety, PTSD, or specific fears that need professional help.

Physical Therapy Records: If your injuries require rehab, these records show the extent of your physical limitations and your recovery journey.

Common Medical Documentation Mistakes

I’ve seen folks unintentionally hurt their claims by:

• Skipping follow-up appointments
• Not sticking to prescribed treatment plans
• Forgetting to tell their doctors about all their symptoms
• Not getting help for psychological symptoms
• Waiting too long between appointments

Dealing with Insurance Adjusters: What You Need to Know

Listen, insurance adjusters are not your friends, even when they seem friendly and helpful. Their job is to settle claims for as little money as possible while keeping their company’s reputation intact. Here’s how to handle talking with adjusters:

What to Expect from the First Contact

The adjuster will probably get in touch with you within a few days of the claim being reported. They’ll want to hear your side of what happened, and they might even ask for a recorded statement. Here’s my advice: be polite but be very, very careful.

Questions Adjusters Commonly Ask

Adjusters are trained to ask questions that might help their company deny or reduce your claim. They’re often looking for ways to blame you or minimize your injuries:

• “What were you doing just before the dog bit you?”
• “Did you do anything that might have scared or excited the dog?”
• “Have you ever been bitten by a dog before?”
• “Are you taking any medications that might affect your healing?”
• “How are you feeling now?”

These questions might seem innocent, but your answers could definitely be used against you later.

Should You Give a Recorded Statement?

This is a common question I get, and my answer is usually, “Not without legal representation.” Recorded statements can be a real problem because:

• You might still be in pain or on medication that affects your thinking.
• You might not remember all the details perfectly clearly.
• The adjuster might ask leading questions that push you towards a certain answer.
• Your words could be taken out of context later.

Red Flags to Watch For

Be very wary if the adjuster:

• Pressures you to settle quickly
• Suggests you don’t need an attorney
• Asks you to sign medical releases for conditions totally unrelated to the bite
• Makes comments about your lifestyle or activities
• Seems to be digging for information about your financial situation

When You Should Consider Hiring an Attorney

Not every dog bite case needs an attorney, but honestly, many do. Here are some situations where getting legal representation is probably a really good idea:

Serious Injuries

If your injuries required a hospital stay, surgery, or lots of ongoing medical treatment, the stakes are high enough to justify legal help. Insurance companies simply take claims more seriously when an attorney is involved.

Disputed Responsibility

If the insurance company is trying to say you provoked the dog or were trespassing, you’ll almost certainly need legal help to effectively fight back against these defenses.

Policy Exclusions

If the insurance company is denying coverage because of breed exclusions or other policy rules, an attorney can review the policy wording and challenge improper denials.

Unfair Settlement Offers

If the insurance company’s settlement offer isn’t even close to covering your medical bills and other damages, an attorney can help negotiate a fair settlement or, if necessary, file a lawsuit.

Children as Victims

Dog bite cases involving children are almost always more complicated because children can’t provoke dogs in the same way adults can, and their injuries often have long-term consequences that need to be properly valued.

The True Cost of Dog Bite Injuries

Let me share some real numbers with you. According to the Insurance Information Institute, the average cost per dog bite claim was $64,555 in 2022, up from $50,245 in 2019. But averages don’t tell the whole story, do they?

Breaking Down the Costs

Immediate Medical Care: Emergency room visits for dog bites typically run between $1,000 and $5,000, depending on how bad the injuries are and where they’re located.

Ongoing Medical Treatment: Follow-up care, antibiotics, wound care supplies, and monitoring can easily add another $2,000 to $10,000.

Surgical Procedures: Reconstructive surgery, especially for facial injuries, can cost $10,000 to $50,000 or more per procedure, and often multiple procedures are needed.

Lost Income: The average victim misses 1-3 weeks of work for minor bites, but severe injuries can mean months of lost income. Imagine a surgeon or a construction worker with a hand injury – that’s a lot of lost paychecks.

Long-term Care: Some victims need ongoing physical therapy, psychological counseling, or even more surgeries over several years.

The Hidden Emotional Costs

Beyond the financial impact, dog attacks can leave lasting emotional scars:

• Post-Traumatic Stress Disorder: Many victims develop PTSD, especially children.
• Phobias: A deep fear of dogs or specific breeds can limit what victims do for years.
• Social Anxiety: Visible scars can make people self-conscious and lead to avoiding social situations.
• Sleep Disturbances: Many victims have nightmares or struggle to sleep after an attack.

These emotional impacts are very real damages that deserve compensation, but they’re often undervalued by insurance companies.

Special Considerations for Child Victims

Dog bite cases involving children bring unique challenges and considerations. Children are unfortunately more likely to be bitten on the face and head, which leads to more severe injuries and longer-term consequences.

Why Children Are More Vulnerable

Size Difference: Kids are closer to a dog’s height, making face and head injuries much more common.

Behavioral Factors: Children might not recognize the warning signs that a dog is feeling agitated or scared. They might approach a dog that an adult would avoid.

Inability to Defend: Young children simply can’t protect themselves effectively during an attack.

Longer Recovery: Children often need multiple surgeries as they grow to address scarring and functional issues because their bodies are still developing.

Legal Protections for Children

Most states offer extra protections for child dog bite victims:

• Reduced Provocation Standards: Very young children are often legally seen as incapable of provoking a dog.
• Extended Statute of Limitations: Children often have until their 18th or 21st birthday to file claims, which is a much longer timeframe than adults get.
• Enhanced Damages: Courts recognize that children face longer-term consequences from disfiguring injuries, which can impact their entire lives.

Special Considerations for Parents

If your child was bitten by a dog, here’s what you really need to know:

Document Everything: Children might not be able to accurately describe their pain or limitations, so parents need to be extra diligent about documentation. Keep a detailed journal.

Consider Future Needs: Think about potential future surgeries, counseling needs, and how scars might affect your child as they grow up and enter adolescence and adulthood.

Don’t Rush to Settle: Cases involving children often involve future damages that might not be obvious right after the injury. It’s important to wait until the full picture is clear.

How Insurance Companies Value Dog Bite Claims

Understanding how insurance companies figure out settlement offers can help you decide if their offers are fair. While every case is different, there are common things adjusters look at:

Economic Damages (Easy to Calculate)

Medical Bills: All reasonable and necessary medical expenses directly related to the bite injury.

Lost Wages: Income you lost because you couldn’t work due to medical treatment and recovery.

Future Medical Costs: Any medical expenses you’re expected to have down the road for ongoing treatment, extra surgeries, or complications.

Property Damage: The cost to replace things like damaged clothing, eyeglasses, electronics, or other personal property.

Non-Economic Damages (Harder to Calculate)

Pain and Suffering: Compensation for the physical pain and emotional distress the injury caused. This is where a good attorney can really help tell your story.

Disfigurement: Extra compensation if the bite left permanent scars or changed your appearance.

Loss of Enjoyment: Compensation if the injury keeps you from doing activities you used to love, like playing sports, hobbies, or spending time with family.

Emotional Distress: Separate compensation for psychological trauma, anxiety, or fears that came from the attack.

Factors That Increase Settlement Values

• Severe or permanent injuries
• Facial or hand injuries (because they’re so visible and impactful)
• Attacks on children
• Unprovoked attacks (where the dog was clearly at fault)
• Clear responsibility on the owner’s part
• Significant scarring or disfigurement
• Need for multiple surgeries
• Development of psychological issues like PTSD

Factors That Decrease Settlement Values

• Minor injuries that heal completely with no lasting effects
• Evidence that you provoked the dog
• Trespassing by the victim
• Pre-existing medical conditions that the insurance company tries to blame
• Gaps in medical treatment (making it seem like you weren’t that hurt)
• Inconsistent statements about what happened

Common Mistakes That Can Hurt Your Claim

Over the years, I’ve seen victims make mistakes that really hurt their chances of getting fair compensation. Here are the most common ones to avoid:

Delaying Medical Treatment

Some people think they’re being tough by “walking off” a dog bite, but this can seriously damage your claim. Insurance companies will argue that if you didn’t seek immediate treatment, the injury must not have been serious. Get it checked out!

Not Following Doctor’s Orders

If your doctor prescribes antibiotics, suggests follow-up visits, or refers you to a specialist, follow through! Insurance companies love to point to gaps in treatment as “proof” that you’re not really injured or that you made your injuries worse.

Talking Too Much to the Insurance Company

While you should cooperate with the investigation, you really don’t need to provide detailed statements without legal representation. Stick to the basic facts and avoid guessing about what might have caused the dog to attack. Anything you say can be used against you.

Accepting the First Settlement Offer

Insurance companies often make quick, low settlement offers hoping victims will accept them before they fully understand the extent of their injuries. Don’t feel pressured to accept the first offer, especially if you’re still getting medical treatment.

Not Documenting Non-Economic Damages

Keep a journal documenting how the injury affects your daily life, your sleep, your relationships, and your emotional well-being. This kind of personal documentation can be super valuable for showing your pain and suffering.

Posting on Social Media

Be incredibly careful about what you post on social media after a dog bite. Insurance companies regularly check victims’ social media accounts for anything that might contradict their injury claims. A photo of you smiling at a barbecue could be used to argue you’re not really in pain, even if you’re just putting on a brave face.

What to Do Immediately After a Dog Bite

If you or someone you know gets bitten by a dog, here’s what you should do right away:

Immediate Steps at the Scene

Get to Safety: Move away from the dog and to a safe spot. Your safety comes first.

Control Bleeding: Apply firm, direct pressure to any bleeding wounds with a clean cloth or clothing.

Identify the Dog and Owner: Try to get the owner’s name, address, phone number, and insurance information if you can. If you can’t get it, try to at least get a description of the dog and owner.

Take Photos: If you’re able, photograph your injuries, the scene, and the dog (if it’s safe to do so).

Get Witness Information: Collect names and phone numbers of anyone who saw the attack. They can be incredibly helpful later.

Call 911 if Necessary: For serious injuries, call for emergency medical help immediately. Don’t wait.

Within the First Few Hours

Seek Medical Attention: Even if the bite seems minor, see a doctor or visit an urgent care center. Infections are a real risk.

Report to Animal Control: Contact your local animal control agency to report the bite. They’ll investigate and create an official record.

File a Police Report: Many places require dog bite reports, and having an official police report can significantly help your claim.

Contact the Owner’s Insurance: If you have the owner’s insurance information, contact their insurance company to report the claim.

In the Following Days

Follow Up with Your Doctor: Attend all scheduled follow-up appointments and strictly follow your doctor’s treatment recommendations.

Keep Detailed Records: Document all medical treatment, expenses, and how the injury affects your daily life. Keep a journal!

Be Cautious with Insurance Communications: Be polite but very careful when speaking with insurance adjusters. Remember, they’re not on your side.

Consider Legal Consultation: If the injuries are serious or the insurance company is giving you trouble, it’s definitely worth talking to an attorney.

Understanding Your Rights as a Dog Bite Victim

As a dog bite victim, you have certain rights that insurance companies might not go out of their way to tell you about:

The Right to Fair Compensation

You’re entitled to compensation for all the harm caused by the dog attack, including medical expenses, lost wages, pain and suffering, and even future damages.

The Right to Choose Your Own Doctor

The insurance company might suggest you see their preferred doctors for treatment or evaluation, but you absolutely have the right to choose your own healthcare providers.

The Right to Legal Representation

You can hire an attorney at any point in the process, and the insurance company can’t penalize you for doing so. In fact, it often makes them take your claim more seriously.

The Right to Reasonable Time

Don’t let insurance companies pressure you into quick settlements. You have the right to take a reasonable amount of time to understand the full extent of your injuries and how they’ll impact your life.

The Right to Privacy

While you need to cooperate with reasonable investigation requests, you don’t have to provide access to unrelated medical records or personal information that has nothing to do with your claim.

Red Flags: When Insurance Companies Act in Bad Faith

Sometimes insurance companies cross the line from just being tough on claims to actually acting in “bad faith.” Here are some warning signs:

Unreasonable Claim Denials

If an insurance company denies your claim based on information that’s clearly wrong or a misinterpretation of the policy language, this could be bad faith.

Failure to Investigate Properly

Insurance companies have a duty to reasonably investigate claims. If they refuse to interview witnesses, review medical records, or look into the circumstances of the bite, they might be acting in bad faith.

Unreasonable Settlement Offers

While insurance companies aren’t required to pay top dollar for claims, they can’t make settlement offers that are completely out of line compared to the actual damages you’ve suffered.

Delaying Tactics

Unnecessary delays in processing claims, responding to your calls or emails, or making settlement offers can constitute bad faith. They might be hoping you’ll get desperate and accept less.

Demanding Unnecessary Documentation

Requesting excessive or irrelevant documentation just to delay or complicate the claims process is a big red flag.

If you suspect bad faith practices, document absolutely everything and consider talking to an attorney who has experience with insurance bad faith cases. At McCormick & Murphy, we’ve been handling insurance bad faith cases for over 30 years and truly understand the tricks insurance companies use to avoid paying fair compensation.

The Settlement Process: What to Expect

Most dog bite claims get resolved through a settlement rather than going to trial. Here’s what the typical settlement process looks like:

Initial Demand

Once you’ve finished your medical treatment (or reached what’s called maximum medical improvement, meaning your condition isn’t expected to get any better), you or your attorney will send a demand letter to the insurance company outlining all your damages and asking for compensation.

Negotiation Period

The insurance company will likely make a counteroffer that’s lower than your demand. This kicks off a negotiation process that can take several weeks or even months. It’s a bit like a back-and-forth dance.

Medical Records Review

The insurance company will review all your medical records and might ask for additional documentation or independent medical examinations.

Settlement Agreement

If both sides agree on a settlement amount, you’ll sign a release agreement in exchange for the settlement payment. This means you agree not to sue them further.

Payment

Most insurance companies are required to pay settlements within a certain timeframe (usually 30 days) after the release is signed.

When Cases Go to Trial

While most dog bite cases do settle, some definitely go to trial. This usually happens when:

• The insurance company disputes who’s responsible for the bite.
• There’s a big disagreement about how much the damages are worth.
• The insurance company is acting in bad faith.
• The policy limits just aren’t enough to cover your damages.

What to Expect at Trial

Jury Selection: Both sides will pick jurors who they believe can fairly evaluate the case.

Opening Statements: Each side presents their version of what happened and what they plan to prove.

Evidence Presentation: Medical records, witness testimony, expert opinions, and other evidence are presented to the jury.

Closing Arguments: Each side summarizes their case and asks the jury for a specific verdict.

Jury Deliberation: The jury discusses the case and reaches a verdict.

Advantages and Disadvantages of Going to Trial

Advantages:

• Potential for higher compensation than settlement offers, especially if the jury really connects with your story.
• Public vindication of your claims.
• Can sometimes set a precedent for similar cases.

Disadvantages:

• It’s a very time-consuming process (it can literally take years).
• The outcome is uncertain – a jury could decide against you or award less than you hoped.
• The emotional stress of testifying and reliving the attack can be intense.
• Potential for getting less than settlement offers if the jury doesn’t see things your way.

Special Situations and Complex Claims

Some dog bite cases involve unique circumstances that can make the insurance claim process a bit more complicated:

Attacks by Police Dogs

When police dogs bite civilians, different legal rules often apply. These cases might involve governmental immunity issues and special procedural requirements. It’s not like a regular dog bite claim.

Dog Bites on Commercial Property

If you’re bitten by a dog on commercial property, like a store or an office building, multiple insurance policies might be involved. The business might have its own liability coverage in addition to the dog owner’s homeowner’s insurance.

Attacks by Stray or Unknown Dogs

When you can’t identify the dog owner, victims might need to look to their own insurance (health insurance, homeowner’s insurance) or consider crime victim compensation programs. It’s a tough situation, but there might still be options.

Multiple Dog Attacks

When multiple dogs are involved in an attack, figuring out who’s responsible and what insurance covers what can get really complex, especially if the dogs have different owners.

Dog Bites During Dog Walking or Pet Sitting

Professional dog walkers and pet sitters should have commercial liability insurance, but homeowner’s policies might also provide coverage depending on the specific circumstances. It’s often a mix of policies.

The Importance of Acting Quickly

Dog bite claims are subject to statutes of limitations, which are legal deadlines that vary by state but typically range from one to six years. However, there are practical reasons to act much more quickly:

Evidence Preservation

Physical evidence, witness memories, and documentation just become less reliable over time. The sooner you act, the clearer the picture.

Medical Documentation

The longer you wait to seek treatment, the harder it becomes to prove that your injuries were actually caused by the dog bite. Insurance companies will jump on any gaps.

Insurance Company Cooperation

Insurance companies are generally more cooperative when claims are reported promptly. Delays can make them suspicious.

Financial Pressures

Medical bills and lost wages create immediate financial pressures that an early settlement can help address. You need that money to heal and live.

Working with Experienced Legal Counsel

While not every dog bite case needs an attorney, having experienced legal counsel can make a huge difference in complex cases or when you’re dealing with uncooperative insurance companies.

What to Look For in a Dog Bite Attorney

Experience with Dog Bite Cases: Look for attorneys who regularly handle dog bite claims and truly understand the unique challenges these cases present. It’s a specialized area.

Insurance Company Experience: Attorneys who have worked with insurance companies understand their tactics and how to effectively counter them. They know how the other side thinks.

Trial Experience: Even if your case settles, having an attorney who’s willing and able to take cases to trial gives you more negotiating power. It shows the insurance company you’re serious.

Local Knowledge: Laws vary by state, so you want an attorney who understands your state’s specific dog bite laws and local court procedures.

How Attorney Representation Can Help

Proper Case Valuation: Experienced attorneys understand how to value all aspects of your damages, including those future costs that might not be immediately obvious.

Insurance Company Negotiations: Attorneys know how to communicate effectively with insurance adjusters and can often achieve much better settlement results than you could on your own.

Medical Evidence Organization: Legal teams can help organize and present your medical evidence in the most convincing way possible.

Expert Witness Coordination: Complex cases might need expert testimony from medical professionals, animal behaviorists, or other specialists. An attorney can connect you with these folks.

Bad Faith Protection: If insurance companies act improperly, attorneys can spot it and address bad faith practices.

At McCormick & Murphy, we’ve been helping dog bite victims for over 30 years. We understand the physical, emotional, and financial toll these attacks can take, and we’re committed to helping our clients get the compensation they deserve. We handle most personal injury claims on a contingent fee basis, which means you don’t pay attorney fees unless we actually recover compensation for you.

Questions You Should Ask Your Insurance Attorney

If you’re thinking about hiring an attorney for your dog bite claim, here are some really important questions to ask:

About Their Experience

• How many dog bite cases have you handled?
• What’s your track record with these types of cases?
• Have you handled cases involving injuries similar to mine?
• Are you familiar with the insurance company I’m dealing with?

About the Process

• How long do you expect my case to take?
• What’s your honest assessment of the strength of my case?
• What kinds of damages do you think I might be able to get?
• Do you think my case will likely settle or go to trial?

About Costs and Fees

• Do you work on a contingent fee basis?
• What percentage do you charge if we recover compensation?
• What expenses might I be responsible for? (Like court filing fees, medical record costs)
• Do I owe anything if we don’t recover compensation?

About Communication

• How often will you update me on my case?
• Who will I primarily work with on your team?
• How quickly do you typically respond to client questions?
• Will you personally handle my case or will other attorneys be involved?

Moving Forward After a Dog Attack

Recovering from a dog attack involves more than just physical healing. Many victims struggle with emotional upset, financial stress, and a lot of uncertainty about the future. Here’s what you need to know about the recovery process:

Physical Recovery

Follow your doctor’s treatment recommendations completely, even if you start feeling better. Dog bite wounds can be tricky – they might look healed on the surface while still having an infection underneath.

Don’t rush back to normal activities too quickly. Your body needs time to heal properly, and pushing too hard too fast can lead to complications or re-injury. Listen to your body and your doctors.

Emotional Recovery

It’s completely normal to feel anxious, scared, or traumatized after a dog attack. Many victims develop specific fears about dogs or avoid certain areas where they feel unsafe. This isn’t weakness – it’s a perfectly normal response to trauma.

Seriously consider professional counseling, especially if you’re having trouble sleeping, experiencing flashbacks, or finding that the attack is significantly impacting your daily life. Many insurance settlements include compensation for psychological counseling, so don’t hesitate to seek that help.

Financial Recovery

Keep super detailed records of all expenses related to your injury, including:

• Medical bills and co-pays
• Prescription medications
• Travel expenses for medical appointments
• Lost wages (keep track of every hour missed)
• Any household help you needed during recovery (e.g., if you couldn’t do chores)
• Any modifications needed to your home or vehicle because of your injuries

Don’t let financial pressure force you into accepting inadequate settlement offers. If you’re struggling with bills while your case is pending, talk about your options with your attorney.

Final Thoughts: Protecting Your Rights and Your Future

Dog bite injuries can change your life in ways you never expected. The physical pain, emotional trauma, and financial stress can feel absolutely overwhelming, especially when you’re trying to deal with insurance companies that seem more interested in protecting their bottom line than helping you recover.

Here’s what I want you to remember: you have rights, and you absolutely deserve fair compensation for your injuries. Don’t let insurance companies minimize your injuries or pressure you into quick settlements that don’t truly address all your damages.

Take your time to understand the full extent of your injuries and their impact on your life. Get proper medical treatment, document everything, and please, don’t be afraid to seek legal help if you need it.

If you’re dealing with a dog bite claim in Colorado, remember that our state’s laws provide strong protections for victims, but insurance companies don’t always volunteer information about these protections. You need someone on your side who understands both the law and the insurance industry’s tactics.

At McCormick & Murphy, we’ve been fighting for injury victims since 1995. We understand that every dog bite case is unique, and we take the time to truly understand how your specific injuries have affected your life. We’re located at 929 W Colorado Ave, Colorado Springs, CO 80905, and we’re always happy to chat about your case and answer your questions.

Remember, you don’t have to face this alone. Whether you’re grappling with medical bills, insurance company delays, or just trying to understand your rights, help is available. The most important thing is to focus on your recovery while making sure your legal rights are protected.

If you have questions about your dog bite claim or need help dealing with an insurance company, don’t hesitate to reach out. We offer free consultations, and we work on a contingent fee basis, which means you don’t pay attorney fees unless we recover compensation for you.

Your recovery – both physical and financial – is what matters most. Don’t let insurance companies take advantage of your situation or downplay the impact this attack has had on your life. You deserve fair compensation, and we’re here to help you get it.

For more information about insurance bad faith practices or to learn about your rights after an injury, you can also check out our resources on whether you should give a recorded statement to an insurance company or how to file a complaint against an insurance company in Colorado.

Take care of yourself, document everything, and remember that you have the right to fair treatment and fair compensation. Don’t settle for less than you deserve.