What is the Average Dog Bite Settlement Amount in California?
Dog bites are unfortunately common in California, with thousands of people suffering injuries each year. If you or a loved one have been bitten by a dog, you may be wondering what kind of settlement you can expect to receive. As experienced dog bite attorneys, we’ve helped numerous clients navigate the legal process and secure fair compensation for their injuries.
In this article, we’ll discuss the factors that affect dog bite settlements in California and what you can do to maximize your chances of a successful outcome.
California Dog Bite Laws and Liability
California has a strict liability statute when it comes to dog bites, which means that dog owners are responsible for any injuries caused by their pets, even if the animal has never shown aggression before. This is different from the “one bite rule” that some other states follow, where owners are only liable if they knew or should have known that their dog was dangerous.
Under California Civil Code 3342, a dog owner is liable for damages suffered by anyone who is bitten by their dog while in a public place or lawfully in a private place, including the dog owner’s property. This means that if you’re invited onto someone’s property and their dog bites you, the owner is responsible for your injuries.
Factors That Impact Dog Bite Settlement Amounts in CA
Several factors can influence the amount of a dog bite settlement in California. Some of the most important include:
- Severity of injuries: Dog bites can cause a wide range of injuries, from minor puncture wounds to severe lacerations, scarring, and infection. Generally speaking, the more serious the injuries, the higher the settlement amount.
- Long-term impacts: Some dog bite injuries can have long-lasting effects, such as permanent disfigurement, disability, or post-traumatic stress disorder (PTSD). These types of damages can significantly increase the value of a settlement.
- Medical expenses: The cost of medical treatment for dog bite injuries can be substantial, including emergency room visits, surgeries, rehabilitation, and counseling. These expenses are typically included in a settlement demand.
- Lost wages and reduced earning capacity: If a dog bite injury causes you to miss work or reduces your ability to earn a living in the future, you may be entitled to compensation for these losses.
- Pain and suffering: In addition to economic damages like medical bills and lost wages, California law allows dog bite victims to recover compensation for non-economic damages such as pain, suffering, and emotional distress.
- Comparative negligence: If the victim’s own actions contributed to the dog bite incident, such as provoking the animal or ignoring warning signs, the settlement amount may be reduced proportionally.
- Degree of owner negligence: If the dog owner was particularly reckless or negligent in handling their animal, such as allowing a known aggressive dog to roam free, this can increase the settlement amount.
- Insurance policy limits: Many homeowners’ and renters’ insurance policies cover dog bite liability, but the settlement amount may be limited by the policy’s coverage limits.
What is the Average Dog Bite Settlement in California?
Dog bite settlement amounts can vary widely depending on the specific circumstances of each case. While some dog bite cases may settle for a few thousand dollars, others can result in settlements or verdicts well into the six figures for severe injuries.
In our experience, most dog bite cases in California settle out of court, as going to trial can be risky and time-consuming for both sides. However, we’re always prepared to take a case to court if necessary to protect our client’s rights and secure fair compensation.
How to Maximize Your California Dog Bite Settlement
If you’ve been bitten by a dog in California, there are several steps you can take to maximize your potential settlement amount:
- Seek prompt medical treatment: Your health should be your top priority after a dog bite. Seeking medical attention right away not only ensures that your injuries are properly treated but also creates a record of the extent of your damages.
- Follow doctor’s orders: Be sure to follow your doctor’s recommendations for treatment, medication, and follow-up appointments. Failing to do so could be used against you by the defense.
- Document your injuries: Take photographs of your injuries throughout the healing process and keep a journal detailing your pain, symptoms, and any impact the injuries have had on your daily life.
- Track your expenses: Keep records of all expenses related to the dog bite, including medical bills, medication costs, transportation to appointments, and any property damage.
- Don’t give statements to insurance companies: The dog owner’s insurance company may contact you seeking a recorded statement. It’s best to decline these requests and refer them to your attorney, as anything you say could potentially be used to undermine your claim.
- Preserve evidence: Save any physical evidence related to the incident, such as torn clothing or the dog’s collar, if it came off during the attack.
- Hire an experienced attorney: Working with a skilled dog bite lawyer can make a significant difference in the outcome of your case. An attorney can help you navigate the legal process, gather evidence, negotiate with insurance companies, and fight for the maximum compensation possible.
What To Do If You’ve Been Bitten by a Dog in California
If you or someone you love has suffered a dog bite injury in California, it’s essential to act quickly to protect your rights and preserve your ability to seek compensation. Here are the key steps to take:
- Seek medical attention immediately, even if the bite seems minor. Some dog bites can cause serious infections or nerve damage that may not be immediately apparent.
- Report the bite to animal control so that the dog can be quarantined and checked for rabies. This also creates an official record of the incident.
- Get the dog owner’s contact and insurance information if possible. If the attack occurred on someone else’s property, get the property owner’s information as well.
- Contact an experienced dog bite lawyer who can evaluate your case and advise you on the best course of action. Look for an attorney who specializes in personal injury law and has a track record of success in handling dog bite cases.
- Avoid discussing fault or signing anything from the insurance company without first consulting your attorney. Insurance adjusters may try to get you to accept a lowball settlement or say something that could hurt your case.
- Focus on your treatment and recovery while your attorney handles the legal aspects of your claim.
At LA Dog Bite Law, we understand the physical, emotional, and financial toll that a serious dog bite injury can take on victims and their families. That’s why we’re committed to fighting for the rights of our clients and helping them secure the compensation they need to move forward with their lives.
If you or a loved one has been bitten by a dog in California, don’t hesitate to reach out to our team for a free, no-obligation consultation. We’ll listen to your story, answer your questions, and provide the guidance and support you need during this difficult time. Contact us today to learn more about how we can help.