Should You Settle or Go to Court for a Dog Bite?

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If you’ve been bitten by a dog, the aftermath can be overwhelming. From physical injuries to emotional distress and mounting medical bills, it’s not uncommon to feel uncertain about your next steps—especially when it comes to seeking legal compensation. One of the most important decisions you’ll face is whether to accept a settlement offer or pursue your case in court.

This comprehensive guide breaks down the legal, financial, and emotional considerations involved in deciding between settling your dog bite case or taking it to trial. Whether you’re just starting to explore your legal options or facing an imminent decision, this article will help you move forward with confidence and clarity.

 

Understanding Your Legal Options After a Dog Bite

When someone is bitten or attacked by a dog, they have the legal right to seek compensation for their injuries. The two primary paths to obtain compensation are settlement and trial.

A settlement occurs when the victim and the responsible party—often represented by their insurance company—agree on a compensation amount outside of court. This is the most common outcome in dog bite cases, primarily because it’s faster and less expensive.

A trial, on the other hand, involves formally filing a lawsuit and bringing the case before a judge or jury. This process is more time-consuming and may involve more costs, but it can sometimes result in a significantly higher award if the case is strong and liability is clear.

Understanding these two options and the differences between them is essential for making the right decision.

Settlement vs Trial: What’s the Difference?

A settlement is essentially a negotiated agreement. It happens when the dog bite victim agrees to accept a certain amount of money from the insurance company in exchange for dropping the claim. Most settlements are final—meaning once you accept, you cannot go back and ask for more money later, even if new medical issues arise.

A trial involves a formal legal process in court. It includes filing a lawsuit, exchanging evidence with the defense, undergoing depositions, and potentially appearing in court. The judge or jury then determines whether the dog owner is liable and how much they should pay in damages.

The core differences come down to time, cost, and control:

• Time: Settlements are quicker; trials can take months or even years.
• Cost: Trials typically cost more in legal fees, though many lawyers work on contingency.
• Control: In a settlement, you have more control over the outcome. In a trial, the decision is left to the court.

The Role of Insurance in Dog Bite Claims

In most dog bite injury cases, compensation is paid out by the dog owner’s homeowners or renters insurance policy, not by the individual directly. This can make the process feel more transactional—but it also means you’ll likely deal with insurance adjusters whose job is to minimize payouts.

These adjusters often offer low initial settlement amounts, hoping victims will accept quickly without consulting a lawyer. It’s important to remember that adjusters do not work for you. Their goal is to protect the insurance company’s bottom line, not ensure you receive full and fair compensation.

Having a personal injury lawyer represent you can level the playing field. An attorney understands how insurers evaluate claims and can negotiate from a position of strength.

 

Pros and Cons of Settling a Dog Bite Claim

While settling a claim is often faster and less stressful, it’s not always the right choice for every case. Here’s a more detailed look at the advantages and disadvantages.

Benefits of Settling:

1. Faster resolution: Settlements can often be reached within a few weeks to a few months.
2. Lower legal expenses: Because trials involve more attorney time and resources, settling usually costs less.
3. Reduced emotional stress: Avoiding court means you won’t have to testify or relive the trauma publicly.
4. Privacy: Settlements are private, whereas trials become part of the public record.

Downsides of Settling:

1. Potentially lower payout: Insurance companies often offer less than what your case is truly worth.
2. No ability to renegotiate: Once you settle, the agreement is binding—even if you later incur more medical expenses.
3. Less validation: Some victims want their story to be heard and to hold the dog owner accountable in court.

 

What to Expect If You Go to Court

If negotiations fail or the insurance company refuses to offer a fair amount, going to court might be the best option. While a trial is more involved, it allows you to fully present your case.

The Dog Bite Trial Process Explained

1. Filing the lawsuit: Your attorney files a legal complaint in civil court.
2. Discovery: Both sides exchange information, including medical records, witness testimony, and expert evaluations.
3. Depositions: You and others may be questioned under oath before the trial begins.
4. Motions and mediation: Judges often encourage mediation to settle the case before trial.
5. Trial: If no agreement is reached, the case proceeds to trial where both sides present evidence.
6. Verdict: The judge or jury decides whether the defendant is liable and how much compensation you’re owed.

Factors That Influence Jury Verdicts

The jury will evaluate many elements, including:

1. The severity and visibility of your injuries.
2. Any psychological trauma you experienced.
3. Whether the dog had a history of aggression.
4. The behavior of the dog owner at the time of the incident.
5. Medical records and expert testimony.

 

Key Factors That Affect Your Decision

Choosing between settling and going to trial should be based on a careful assessment of the specifics of your case.

Severity of Injuries and Medical Costs

If you suffered significant injuries—such as deep lacerations, permanent disfigurement, or nerve damage—a settlement may not reflect the full value of your damages. A trial might be necessary to recover the full amount.

Liability Disputes and Comparative Fault

In some states, if you were partially at fault (e.g., if you entered private property or provoked the dog), your compensation may be reduced under comparative fault rules. In these cases, insurance companies are more likely to deny claims or reduce settlement offers, pushing you toward trial.

Emotional Distress and Pain & Suffering

These damages are often harder to quantify. If you experienced severe psychological trauma, such as PTSD or a fear of animals, a jury might award a higher amount than an insurance adjuster would consider.

 

Financial Considerations: Payouts and Costs

Average Payouts: Settlement vs Trial

• Settlement amounts typically range from $30,000 to $50,000 for moderate cases.
• Trial verdicts may exceed $100,000, particularly if the victim suffers permanent disability or the dog owner was grossly negligent.

However, trials are also riskier. If you lose, you may recover nothing.

Legal Fees, Time, and Emotional Strain

Trials can take a year or longer and involve multiple court appearances, depositions, and possible delays. While most attorneys work on a contingency basis, meaning you only pay if you win, the emotional toll of a trial can be significant.

 

Common Damages Claimed in Dog Bite Cases

1. Medical expenses (past and future)
2. Lost wages or reduced earning capacity
3. Pain and suffering
4. Emotional distress
5. Permanent scarring or disfigurement
6. Loss of enjoyment of life
7. Rehabilitation or therapy costs

 

Frequently Asked Questions (FAQ)

What’s the difference between a dog bite settlement and a trial?
A dog bite settlement is a negotiated agreement between the injured party and the dog owner’s insurance company, typically reached outside of court. In contrast, a trial involves a formal legal process where a judge or jury evaluates the facts and determines liability and compensation. Settlements are faster and private, while trials can potentially lead to higher compensation but involve more time, legal fees, and uncertainty.

Should I accept the first settlement offer from the insurance company?
In most cases, no. Initial settlement offers are often lower than what your claim may be worth. Insurance adjusters aim to minimize payouts, and many victims accept early offers without realizing the long-term costs of their injuries. It’s important to consult a personal injury attorney before accepting any offer to ensure it fully covers your medical expenses, lost wages, and emotional damages.

How long does a dog bite lawsuit take if it goes to trial?
A dog bite lawsuit that goes to trial can take anywhere from six months to over a year, depending on the complexity of the case, the court’s schedule, and how cooperative the parties are during the discovery phase. While settlements can sometimes happen within weeks or months, trials involve more extensive legal procedures and may be subject to delays.

What kind of compensation can I receive for a dog bite injury?
Compensation in a dog bite case can include coverage for medical expenses, including hospital visits, surgeries, and rehabilitation. Victims may also recover lost wages if the injury impacted their ability to work, along with damages for pain and suffering, emotional distress, and any permanent scarring or disfigurement. In some cases, punitive damages may be awarded if the dog owner acted with gross negligence.

What if the dog owner claims I provoked the dog?
If the dog owner argues that you provoked the dog, it could affect your claim depending on your state’s laws. Many states apply comparative fault rules, which reduce your compensation by the percentage of fault attributed to you. For example, if you’re found 20% responsible for the incident, your compensation may be reduced by that amount. This is a common insurance tactic, and it’s essential to have legal representation to counter these claims effectively.

 

Final Thoughts: What’s Best for Your Case?

Whether to settle or go to trial is one of the most crucial decisions in your dog bite injury case. Every situation is different. Settlements are faster and less stressful but may offer less compensation. Trials can yield higher payouts, especially for serious injuries—but they come with risks and delays.

Working with a knowledgeable personal injury attorney is the best way to evaluate your options and make an informed decision that protects your health and financial future.

 

Contact The Epstein Law Firm, P.A., Today

If you’ve been injured in a dog bite incident, don’t go through this process alone. A skilled personal injury lawyer can help you navigate the complexities of your case, evaluate settlement offers, and represent you in court if necessary.

Contact The Epstein Law Firm, P.A., today for a free consultation to discuss your legal options and get the compensation you deserve.