Insight

Claims on a Canine

Which factors will most influence the settlement amount in a case involving a dog attack? Here’s an overview.

Compensation for Dog Bite Victims
Lawrence J. Buckfire

Lawrence J. Buckfire

March 30, 2022 09:00 AM

THE INCIDENCE OF dog attacks in the United States rises every year. Each day, 1,000 Americans require emergency care for serious injuries from dog bites; annually about 14,000 people are hospitalized as a result of them. With these injuries, naturally, come claims for compensation by the victims against dog owners.

Every state has its own laws that cover suing a dog owner after an attack. Some impose strict liability on the owner, while others rely on common-law negligence theories. Some prohibit claims made by property trespassers; others limit compensation if the evidence shows the dog was provoked into the attack.

Assuming a legal basis exists for filing a personal injury claim, the primary issue is usually the value of the claim. An experienced lawyer can evaluate the particulars and determine a fair settlement range. Numerous factors will affect this, of course. Some of the principal ones:

The severity of the injury or disfigurement. Dog attacks can cause broken bones, nerve damage and other serious physical harm. Someone knocked over by a dog might well suffer major orthopedic injuries that require surgery.

The size and location of any scars or disfigurement. Bites on the face and arms generally lead to higher compensation, as they’re more conspicuous, especially on women and children. Some scars never fully heal, becoming permanent disfigurements that cannot be repaired even via plastic surgery.

Mental anguish and psychological trauma from the attack. This can include post-traumatic stress disorder (PTSD). Many victims must begin seeing a counselor or therapist due to a new fear of dogs, from regularly reliving the attack or from a pervasive sense of anxiety and humiliation.

The type of medical treatment received for the injuries and future treatment that will be needed. If a victim required plastic surgery or will need it in the future, this will likely increase the settlement amount. In addition, many victims must undergo a series of rabies shots, which is quite painful, in addition to scar revisions.

The amount of hospital costs, medical bills and other expenses related to the attack. If plastic surgery or scar revision will be needed down the road, a cost projection by a board-certified plastic surgeon is strong evidence to support these damage claims.

The amount of wages lost because of necessary work absence. Many victims—postal workers and food delivery personnel, for example—are attacked while doing their job and will receive workers’ compensation for time lost. In such cases, the workers’-comp insurer will demand repayment of these wages, but they can be claimed in the case against the dog owner.

The effects that the injuries from the attack have had on the victim’s life. An inability to engage in many common activities and pleasures as before the attack, for instance: going for a walk or jog through the neighborhood, say, or even riding a bike on public streets or in a park.

The amount of the insurance policy limits available from a dog owner’s insurance policy. These are usually a business or homeowner’s insurance policy, and their limits vary greatly. They are a major factor in determining the amount of the settlement.

In addition to the eight factors above, the circumstances of the bite are important when determining compensation. For example, if the dog owner alleges that a child pulled the dog’s tail and thereby provoked the attack, it could (assuming it’s supported by evidence) reduce the award. Likewise, a person who was attempting to break up a fight between two dogs might get less compensation, depending on the particulars.

Where an attack happened can also be a crucial factor. Some counties, especially rural ones, are home to more conservative populations, and such juries’ settlement amounts will often be lower than in bigger, more urban areas. Surveying settlements and jury verdicts in a variety of specific cities and counties can be helpful.

To maximize a settlement amount, an experienced attorney will often have the victim evaluated by a plastic surgeon, who will personally examine the victim, take measurements and photographs and recommend a plan for scar revision.

For younger children, surgery might not be an option until they reach adolescence. If so, a young victim will be forced to live with scars or other disfigurement for years—and will likely be self-conscious about his or her appearance as well as subject to bullying and teasing by classmates. This can take a significant psychological and emotional toll on a young child.

In addition, a lawyer may have the client evaluated by a psychologist or other mental-health specialist. A victim might withhold feelings and emotions from family members and friends, for example, yet be more open with a professional—who can then write a report detailing the impact of the attack on the victim, the need for counseling and the psychological prognosis.

Ultimately, it’s often the skill and experience of a dog-bite lawyer that determines the settlement amount. Attorneys with a strong track record of successful settlements know how best to negotiate these claims with insurance adjusters to maximize it. Should a case require litigation, of course, the victim will want an attorney with strong experience in the courtroom.

LAWRENCE J. BUCKFIRE is a trial attorney in Southfield, Michigan. His law firm specializes in personal injury and medical negligence cases.

Related Articles

How Being a Client Almost Made Me Quit Law School


by Paula Birch Billingsley

Suddenly becoming a personal injury client gave one law school student a new appreciation for clients’ needs and concerns. Here are some considerations even experienced lawyers ought to keep in mind.

Personal Injury Client Almost Quit Law School

Think Globally, Act Safely


by Michael Winkleman

As the pandemic (fitfully) recedes at last, is it once again safe to travel internationally? It is—if you take a few common-sense steps ahead of time.

International & Cruise Travel After Pandemic

Head Games


by Paul D. Friedman

How the science of traumatic brain injuries has improved in recent decades—and what those advances might mean for victims of these horrific ailments in the courtroom.

Traumatic Brain Injury From Motorcycle Wreck

Announcing the 2022 Best Lawyers: The Injury & Malpractice Issue


by Best Lawyers

Featuring the top legal talent from The Best Lawyers in America, Best Lawyers: Ones to Watch in America and “Lawyer of the Year” recipients for personal injury and medical malpractice as well as thought leadership from some of the nation’s top lawyers.

Best Lawyers Injury & Malpractice Publication

Crash Course


by Paige Cerulli

A bad car accident left me reeling, but my worst symptoms wouldn’t appear until two weeks after. If it weren’t for excellent legal representation, there’s no way I’d have made it through—or with anything close to the settlement I got.

Overlooked by EMTs After Car Crash

Helpful Hints & Avoidable Mistakes


by Frank L. Branson

I’ve picked up a lot in the courtroom in five decades of practice. Here are some strategies, tips and other pointers to help make your trial experience smoother—and successful.

Strategies for Plaintiff Lawyers in Trial

Wax On, Wax Off


by Aria Gmitter

An unfortunate episode with a rogue body waxer left me itching like mad, in pain and wondering what sort of recourse I might have. A journey through the hairy underbelly of a sometimes dicey industry.

Legal Action After Waxing Salon Burns

Think Inside the Box


by David M. Carter

Black box data retrieval after a serious accident—it’s not just for commercial airplanes anymore.

Car Black Box Data for Personal Injury

New York “Lawyer of the Year”


by Best Lawyers

David H. Perecman is honored as 2022 "Lawyer of the Year" in Personal Injury Litigation – Plaintiffs in Long Island.

New York “Lawyer of the Year”

Car Accident Compensation in Florida


by Peter Catania

Are you curious about how to maximize your compensation after a car accident? These steps can help. Learn more here.

Car Accident Compensation in Florida

Exceptional Advocacy


by Justin Smulison

Two-time Personal Injury “Lawyer of the Year”, Daniel J.T. Sciano, reflects on the uniqueness and successes of his 40th year as one of San Antonio’s top litigators

Exceptional Advocacy

Catastrophic Personal Injury


by Best Lawyers

Trial legend Frank Branson finds success mixing technology and new skills with vast courtroom experience.

Catastrophic Personal Injury

Strategy and Resilience


by Justin Smulison

Easton & Easton partners discuss how innovating during 2020’s uncertainty led to stronger injury cases, new practice areas, and greater success.

Easton & Easton

Trial Law Leadership


by Justin Smulison

Daniel J.T. Sciano, twice-named Best Lawyers® San Antonio “Lawyer of the Year” for Personal Injury Litigation – Plaintiffs (2010, 2012), discusses how his record of success impacts clients and Texas’ legal community

Daniel Sciano Best Lawyers 2020

Seeking Help from a Dog Bite Attorney


by Sophia Wright

When is the dog's owner responsible for your injury, and what might that win you in court?

Can I Sue if a Dog Bites Me?

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights.

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipment

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central

Social Media for Law Firms: The Essential Beginner’s Guide to Digital Success


by Jennifer Verta

Maximize your law firm’s online impact with social media.

3D pixelated thumbs-up icon in red and orange on a blue and purple background.

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat in front of large magnify glass

How Client Testimonials Fuel Client Acquisition for Law Firms


by Nancy Lippincott

Learn how client testimonials boost client acquisition for law firms. Enhance credibility, engage clients and stand out in a competitive legal market.

Woman holding blurb of online reviews

Best Lawyers Expands With New Artificial Intelligence Practice Area


by Best Lawyers

Best Lawyers introduces Artificial Intelligence Law to recognize attorneys leading the way in AI-related legal issues and innovation.

AI network expanding in front of bookshelf

Critical Period


by Armelle Royer and Maryne Gouhier

How the green-energy raw materials chase is rewriting geopolitics

Overhead shot of mineral extraction plant