Can Insurance Cover Legal Fees in Dog Bite Cases?

Dogs are meant to be man’s best friend, but sadly, incidents of aggressive dogs biting people do happen. In this guide, you’ll learn everything you need to know about the legal side of a dog bite, including who pays legal fees in a dog bite lawsuit and whether insurance covers legal fees in dog bite cases in California.

Who Pays for a Dog Bite Claim in California?

Under California dog bite law, there are few parties who may be responsible for paying for your claim. Depending on the situation, liability may fall to the dog owner, their insurance company, or, in some cases, a landlord. Here’s when each of these parties may be responsible for paying a claim to the person who was bitten:

• Dog owner: If an animal attack happens on public property or lawfully on private property, the owner of the dog is responsible for paying the claim.
• Insurance: Homeowner and renter insurance will pay for the dog bite claim up to the policy limit.
• Landlord: If a landlord knew a dog was dangerous, had the power to fix the danger, and did not do so, they may be held separately liable.

Does Homeowner’s Insurance Cover Dog Bite Claims?

Homeowner’s insurance usually has a personal liability section, which can cover many damages related to a dog bite claim. Although most homeowner’s insurance coverage applies to incidents within the home, many policies also provide coverage for animal attacks that happen away from home.

Can Insurance Cover Legal Fees for the Dog Owner?

You can also cover legal fees as a dog owner through a dog bite insurance claim in California using your homeowner’s, renter’s, or third-party liability pet insurance. This coverage usually pays for $100,000 to $300,000 in legal fees, with any further expenses coming out of the dog owner’s pocket.

Does Insurance Pay the Victim’s Attorney Fees?

Dog bite liability insurance in California generally doesn’t cover the victim’s attorney fees. The fees for the victim’s Los Angeles dog bite lawyer are instead taken from the total settlement or payout that the victim receives.

What Happens If Insurance Coverage Isn’t Enough?

If the dog owner’s insurance policy isn’t enough to cover the damages suffered by the victim, the next steps are to target their personal assets, file a personal lawsuit, and/or seek compensation through the owner’s personal umbrella insurance policy. In some cases, defendants may end up being bound by a payment plan or a settled lien against future income. Cases like these are best left to a Los Angeles personal injury lawyer who can determine the best way to secure the settlement that the victim deserves.

Common Insurance Disputes in Dog Bite Cases

Naturally, insurance providers tend to do what they can to avoid paying out large dog bite settlements in California. Common insurance disputes include:

• Breed exclusions: Insurance providers often deny coverage for specific breeds considered “aggressive,” such as pit bulls, rottweilers, and Dobermans.
• Provocation claims: Insurers can sometimes deny coverage under claims that the victim provoked the dog into biting them.
• Trespassing: If the victim was bitten while trespassing on private property, insurance won’t cover the claim.
• Unregistered animals: If the animal belongs to a tenant of a property and wasn’t disclosed on the insurance application, the insurance company may decline the claim.

What Compensation Can Dog Bite Victims Recover?

Homeowners insurance dog bite liability may cover the following damages:

• Past and future medical expenses
• Lost wages
• Lost future earning capacity
• Pain and suffering
• Emotional distress
• Legal defense costs
• Rehabilitation and therapy expenses
• Permanent scarring or disfigurement
• Property damage

Depending on the specifics of the case, victims may be entitled to large settlements, though you’ll likely need to work with an experienced personal injury lawyer to ensure you receive the maximum compensation possible.

When Should You Hire a Dog Bite Lawyer?

When you’ve suffered severe injuries, are dealing with low offers from insurance, or are involved in a case with disputed liability, it’s time to contact a dog bite lawyer. A dog bite settlement can go a long way in covering expenses related to your treatment, recovery, and any lost wages, as well as compensation for emotional distress, pain, and suffering, though you’ll usually need the help of an attorney to get the settlement you deserve.

The other thing to consider is that there is a statute of limitations on dog bite cases, which is two years after the initial date of the injury. If you wait until after this point to file a claim or lawsuit, you lose your right to seek compensation.

If you were attacked by a dog, the first thing you should do is wash the wound and seek medical care. Then, report the bite to local authorities. Be sure to take photos of the injury and any property damage (e.g., ruined clothing, broken glasses, etc.), as these will be useful later when building your case.

When it’s possible and safe to do so, get contact information from the dog’s owner, including their name, phone number, address, and proof of the dog’s rabies vaccinations. If there were witnesses present, try to get their contact information as well. From there, contact a personal injury lawyer to discuss the situation and determine your options for compensation.

Why Choose The Law Offices of Jacob Emrani

The Law Offices of Jacob Emrani help countless people navigate dog bite settlements and lawsuits each year. Our experienced attorneys understand the ins and outs of this area of personal injury law, including the insurance claim process and common disputes to prepare for. If you’ve been the victim of an animal attack, you deserve relentless advocacy and support from skilled legal counsel, and The Law Offices of Jacob Emrani are here to help.

Legal Support You Can Count On

We love animals as much as the next person, but the unfortunate reality is that some dogs bite. Whether they were frightened, startled, provoked, or simply have aggressive tendencies, victims and owners deserve representation that protects their rights and ensures a fair resolution to the ensuing claim. If you’ve been involved in a dog bite incident, don’t hesitate to contact us to schedule a consultation and discuss your case.