Dog bites may result in severe injuries, emotional distress, and financial hardship. Whether from a neighbor’s animal or a stray, victims not only deal with medical complications but also with worry about what to do with the aftermath. Fortunately, there is a means through personal injury law for victims to obtain restitution. This article discusses the various kinds of damages that can be obtained in a case of dog bites and what the victims need to know when they seek a claim.
Understanding Liability in Dog Bite Cases
Before discussing damages, it’s important to understand liability. Most states either follow strict liability laws, where the dog owner is responsible regardless of the animal’s past behavior, or the “one-bite rule,” which requires showing the owner knew or should have known their dog was dangerous.
Once liability is established, the victim may be eligible to recover a variety of damages depending on the nature and extent of their injuries.
Types of Recoverable Damages in Dog Bite Cases
Dog bite victims may be entitled to both economic and non-economic damages. Each category addresses different aspects of loss, from financial costs to emotional suffering.
1. Medical Expenses
This is often the largest and most immediate cost after a dog bite. Victims can recover compensation for:
- Emergency room visits
- Ambulance transportation
- Surgeries (including reconstructive or cosmetic surgery)
- Hospital stays
- Prescription medications
- Physical therapy and rehabilitation
- Follow-up doctor visits
- Mental health counseling for trauma
These expenses are typically documented through medical records and receipts.
2. Lost Wages
If the injuries prevent the victim from working—either temporarily or permanently—they may be able to recover:
- Wages lost during recovery
- Sick leave or vacation time used due to the injury
- Loss of earning capacity if the injuries result in long-term disability
In cases where the victim can no longer return to the same job or must take a lower-paying position, these losses can be substantial.
3. Pain and Suffering
Dog bites can result in significant physical pain, both at the time of injury and during the recovery process. Victims may be compensated for:
- Immediate and chronic pain
- Long-term discomfort
- Complications or ongoing medical issues related to the injury
Pain and suffering damages are subjective and often require supporting documentation, including medical evaluations and personal accounts of how the injury affected daily life.
4. Emotional Distress
Beyond the physical injury, dog bites can lead to psychological trauma, particularly in children or victims of severe attacks. Compensation may be available for:
- Anxiety or panic attacks
- Post-traumatic stress disorder (PTSD)
- Depression
- Fear of dogs (cynophobia)
- Sleep disturbances or nightmares
A mental health diagnosis or testimony from a therapist can help prove emotional distress.
5. Scarring and Disfigurement
Scars, especially on visible areas like the face, neck, or hands, can have a lifelong impact. These injuries can affect a person’s confidence, social life, and career opportunities. Compensation can be awarded for:
- Permanent scars
- Disfigurement requiring cosmetic surgery
- Psychological impacts of appearance changes
Photographic evidence, medical records, and expert testimony are key in proving these damages.
6. Loss of Quality of Life
Severe injuries may limit a victim’s ability to enjoy life as they once did. Whether it’s engaging in hobbies, sports, social activities, or routine tasks, victims may recover damages for:
- Loss of mobility or function
- Inability to participate in previous activities
- Reduced independence or lifestyle changes
These damages are typically awarded in serious or life-altering injury cases.
7. Property Damage
Though not as common, dog attacks can result in property damage. Victims may recover the cost of:
- Damaged clothing or accessories
- Eyeglasses or hearing aids
- Cell phones or personal electronics destroyed during the incident
Proof of ownership and the value of damaged items will be required.
8. Punitive Damages
In rare cases where the dog owner acted with gross negligence or malicious intent, the court may award punitive damages. These are meant to punish the wrongdoer and deter similar conduct in the future. For example, if the owner encouraged the dog to attack or ignored repeated warnings from authorities, punitive damages may be justified.
Factors That Affect the Value of a Dog Bite Claim
Not all dog bite cases are valued equally. Several factors influence the total amount of compensation a victim may receive:
- Severity of injuries: More serious injuries typically result in higher damages.
- Permanent impairment: Ongoing disabilities or disfigurement increase claim value.
- Age of the victim: Children often receive higher awards due to long-term impact.
- Location of injury: Visible scars on the face or hands carry more weight than hidden ones.
- Medical history: Pre-existing conditions or complications can affect recovery and damages.
- Witness testimony: Strong witness statements can help support your claim.
- Defendant’s actions: Reckless or malicious behavior by the owner can lead to higher compensation.
How to Strengthen Your Claim
Dog bite injuries to children often result in more severe emotional and physical consequences. Courts may order:
- Higher compensation for trauma and future counseling
- Structured settlements or trusts to manage awarded funds
- Judicial approval of the settlement to ensure the child’s best interests are protected
Parents should consult with an attorney who understands both injury law and family law procedures.
Insurance and Dog Bite Claims
Most dog bite claims are paid through the dog owner’s homeowner’s or renter’s insurance. However, some policies exclude certain dog breeds or have specific limitations. If insurance coverage is denied or inadequate, the victim may need to pursue compensation directly from the owner.
Statute of Limitations
Each state sets a time limit—known as the statute of limitations—within which a dog bite lawsuit must be filed. This typically ranges from 1 to 3 years from the date of the incident. Missing this deadline can result in losing your right to sue, so it’s essential to act promptly.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
