January 7, 2025
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Reading Time: 8 min
Dog bites are unfortunately common and can result in significant physical, emotional, and financial burdens to the victim. When a dog bite occurs, it can leave lasting scars, cause severe injuries, and emotional distress.
Knowing how to properly handle a dog bite injury claim is important. By following the proper steps after you’ve been bitten by a dog, you can better protect your rights and pursue the compensation you’re entitled to.
Immediate Steps to Take Following a Dog Bite
Dog bites can range in severity, and will likely require medical intervention. Understanding the steps to take after you’ve been bitten can have a profound impact on your claim if you choose to seek compensation for your injuries.
1. Seek Medical Attention
The first and most important step after a dog bite is to seek medical attention. Even if the bite seems minor, it can lead to serious injuries, infections, or other complications. Prompt medical treatment can help ensure that the wound is properly cleaned, infections are prevented, and necessary vaccinations, such as tetanus and rabies shots, are provided.
Make sure to keep all medical records, receipts, and notes related to your treatment. These documents will serve as evidence when filing your injury claim.
2. Report the Incident
In New York State, it’s important to report a dog bite to local authorities, such as animal control or the police. Reporting the incident helps create an official record of the event. In some cases, authorities may conduct an investigation to determine if the dog has a history of aggression or if it has been properly vaccinated.
Many hospitals and urgent care centers will report dog bites to the authorities, but you shouldn’t rely on them to do so. It’s best to make sure that you have reported the dog bite to the proper authorities yourself.
A report also helps alert authorities to dangerous or aggressive animals, potentially preventing future attacks. Be sure to get a copy of the report, or at least the reference number, for future use in your claim.
3. Identify the Dog and Owner
If possible, try to identify the dog and its owner by getting their name and contact information. If the dog was on a leash or in a confined area, the owner may be easier to identify. If the dog was a stray or the owner is unknown, reporting the incident to animal control can help track the dog’s history.
If you’re unable to gather this information yourself due to your injuries, a family member, friend, or bystander may be able to assist. If there were any witnesses to the incident, their statements can also provide valuable evidence for your case.
4. Photograph the Injuries
It’s important to take photos of your injuries, as they help document the severity of the dog bite and serve as important evidence in your injury claim. Be sure to take pictures right after the bite occurs, and continue to document your injuries as they heal. Photographs can provide powerful visual evidence of how the injury affected you and can help support your case for compensation.
Understanding Liability in Dog Bite Cases
New York’s dog bite liability law applies a modified “one-bite rule” that holds owners accountable if they knew or should have known of their dog’s vicious tendencies. While a prior bite or attack helps establish this knowledge, it is not required—aggressive behaviors like growling or snapping can also demonstrate awareness of potential danger.
Dog owners are strictly liable for medical costs stemming from a bite, even if the dog has no history of aggression and precautions were taken. However, recovering additional damages, such as for pain and suffering, requires proving the owner’s prior knowledge of the dog’s vicious propensities.
When Is A Dog Owner Not Liable?
The dog owner is only responsible for damages in cases involving unjustified bites. If a dog bites a person or another animal in response to provocation, or while defending itself or its owner, the dog’s actions may be deemed excusable. Some situations where a bite could be considered ‘justifiable’ include:
- The dog was defending its property from intruders
- The dog was a working police dog
- The dog was protecting its owner or puppies
- The dog was reacting to pain or injury
- The dog was provoked through abuse, torment, or assault
Filing a Dog Bite Injury Claim
In New York, to file a claim for a dog bite, the injured party must prove that the dog owner was negligent or that the dog had a history of aggressive behavior. The victim can file a personal injury lawsuit seeking compensation for medical expenses, pain, and other damages resulting from the attack.
1. Contact an Experienced Dog Bite Lawyer
After seeking medical care and documenting the incident, one of the most important steps in handling a dog bite injury claim is to consult with an experienced personal injury attorney. An attorney who has extensive knowledge of dog bite cases will help you understand your legal rights, assess the strength of your case, and guide you through the claims process. They will also negotiate with the insurance companies on your behalf and help you gather important evidence, including witness statements and medical records.
Having an attorney on your side can also significantly increase your chances of receiving a fair settlement from insurance.
2. Insurance Claims
In most cases, a dog bite injury claim is settled through the dog owner’s homeowner’s insurance policy. In New York State, homeowner’s insurance typically covers dog bite incidents, especially if the attack occurred on the owner’s property. However, it’s important to understand exactly what the policy covers, as there may be exceptions to coverage for dog bites.
Your attorney can assist you in filing a claim with the dog owner’s insurance company to determine if there is coverage and to recover compensation for medical bills, lost wages, pain and suffering, and other related expenses.
3. Calculating Damages
When filing a dog bite injury claim, it is important to accurately calculate the damages you have suffered as a result of the attack. Damages can include:
- Medical Expenses: This includes hospital visits, doctor’s visits, surgeries, medications, and physical therapy required due to the injury.
- Lost Wages: If your dog bite injury caused you to miss work, you may be entitled to compensation for the income you lost during your recovery period.
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury can represent a portion of your claim.
Your attorney will help assess the full extent of your damages and ensure that all aspects of your suffering are taken into account.
Handling Insurance Adjusters After A Dog Bite
Dealing with insurance companies is one of the most challenging parts of filing a dog bite injury claim. Insurance adjusters are trained to minimize payouts, and they may try to downplay the severity of your injuries or pressure you into accepting a low settlement offer. To ensure you get the compensation you deserve, keep the following in mind:
- Be Cautious with Statements: Anything you say to an insurance adjuster can be used against you. It’s best not to speak directly with them. Instead, let your attorney handle all communication with the insurance company.
- Don’t Settle Too Quickly: Initial settlement offers are often much lower than the true value of your claim. It’s important to allow your attorney to review any offers and negotiate for a fair settlement that fully compensates you for your injuries.
Preparing for a Lawsuit
If you are unable to reach a fair settlement with the insurance company, your attorney may recommend filing a lawsuit. Here’s what you can expect during the legal process:
- Filing a Lawsuit: If a settlement cannot be reached, your attorney will file a lawsuit. This lawsuit will outline the details of the dog bite incident, the injuries sustained, and the damages being sought.
- Discovery: Both sides will exchange evidence and take depositions during the discovery phase. This process allows each party to understand the other’s position and gather information to strengthen their case.
- Mediation: Before the case goes to trial, you, your attorney and the opposing counsel may have the opportunity to sit with a mediator to discover whether or not both parties can reach a settlement agreement.
- Trial: If the case doesn’t settle during discovery or mediation, it may go to trial. During trial, both parties will present evidence and make arguments to the judge or jury. The decision will depend on the strength of the evidence and the legal arguments made.
If a lawsuit becomes necessary, your attorney will guide you through the process, from filing the case to engaging in discovery and, if necessary, presenting your case at trial.
Contact Cellino Law
Dog bite injuries can be traumatic, and navigating the legal and insurance processes after such an incident can be overwhelming. Having an experienced attorney by your side can greatly improve your chances of receiving the compensation you deserve. Your attorney will guide you through the legal complexities, negotiate with insurance companies, and fight for your rights every step of the way.
At Cellino Law, we understand the physical, emotional, and financial toll that a dog bite can take on your life. Our skilled attorneys are committed to helping you secure the compensation needed for your recovery. If you or a loved one has been injured by a dog bite, don’t hesitate to contact us at 888-888-8888 for a free consultation.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.