According to the Insurance Information Institute, over $1.1 billion in dog bite-related insurance claims were filed in 2023, which, among many expenses, can cover a dog bite lawyer’s fees. A successful personal injury lawsuit can lead to reimbursement for medical and legal costs. Or, if your dog bites someone, the insurance company can help defend you in court and cover losses up to the policy limits. Therefore, it’s important to know what to do after a dog bite.
Below, we’ll look at the following:
- Types of insurance that cover dog bite injuries.
- Limitations of insurance coverage.
- Damages that can be recovered.
- What you need to prove liability.
- How to ensure your dog bite lawyer’s fees are covered.
Types of Insurance That Covers Dog Bites
Several types of insurance can provide financial protection. Under California law, dog owners are strictly liable for bites that occur on public or private property, unless the victim is trespassing. Otherwise, the dog owner must cover the cost of the victim’s injuries and their effects. California law holds owners strictly liable even if the animal has never bitten anyone or shown aggression.
Therefore, it pays to purchase dog bite insurance or check your insurance policy to see if it covers damages or legal costs. Some of the options include:
Dog Bite Liability Insurance
This is also known as animal liability insurance. The policyholder is protected if an animal they own causes someone else injury or property damage. Dog bite liability insurance can also cover legal costs if a personal injury lawsuit is filed against the insured. However, such insurance is less common than other types that can offer dog owners protection.
Homeowners’ Insurance
Homeowners’ insurance policies often cover dog bites, similar to an animal liability policy. However, coverage may only apply to incidents in the policyholder’s home. It could be reduced or denied if the attack occurs off-site. Depending on the policy, it may exclude injuries involving vehicles or due to bites that happen when walking the dog down the street. Nonetheless, some policies may cover injuries if a bite occurs at a nearby park.
Renters’ Insurance
Renters’ insurance provides liability coverage similar to a homeowners’ insurance policy. However, the policy limits tend to be smaller, unless you purchase a policy with higher limits (which increases the premium). In the case of a dog bite, the policy would cover a dog bite victim’s medical care and any property damage the animal caused.
This type of insurance protects only the dog owner, not the landlord. They’d be liable if their dog caused injury on the property. And, it only covers bites that occur on the insured’s rental property, not at a dog park or other premises. Another limitation is that while coverage applies to guests at your apartment, it may not cover a roommate or someone who lives with you.
Car Insurance
An automobile insurance policy may cover an animal bite claim if it involves the following events:
- The dog bit someone else inside the owner’s car.
- An individual in the back of a pickup truck is bitten.
- A bite occurred as the dog’s head was out the window of a parked or slowly moving car.
In these cases, you could contact your homeowner’s insurance company. However, it’ll likely argue your auto insurance carrier should cover the losses. Such an argument may delay getting a payment, but a dog bite lawyer can help resolve any disputes and ensure the victim’s financial needs are covered.
Pet Insurance
If your homeowners’, renters’, or auto insurance policy doesn’t cover a dog bite, your pet insurance might provide some coverage. Generally, it covers medical or health-related costs for pets. Most policies apply only if a dog gets sick or injured. However, some cover the costs when an insured pet bites someone else; if so, the plan will likely only cover the first dog bite claim.
Umbrella Insurance
You can contact an existing insurance provider if they provide umbrella insurance. It can increase the limits of already covered losses or add coverage for losses it excludes. To understand what’s covered, you must read the fine print. Calling the company and speaking to an insurance representative can also clarify any uncertainties.
Limitations on Dog Bite Insurance Coverage
As mentioned earlier, insurance policies often have limitations. Depending on the insurance company and your policy, it may not cover the cost of a dog bite in certain circumstances. Examples of factors that can affect coverage include the following:
- Breed: Some policies may not cover bites by Pit Bulls, Rottweilers, Huskies, Mastiffs, German Shepherds, and other breeds.
- History of Bites: Coverage may be denied if the dog has a history of biting. Or, the insurance company may increase the cost of the policy.
- Where the Bite Occurred: Homeowners’ or renters’ insurance may cover only bites that occur on the property. Auto and other types of insurance also limit coverage based on the location and circumstances of a bite.
Damages a Dog Bite Lawyer Can Help You Recover
The damages a dog bite victim may be eligible for can vary. A dog bite attorney can determine the nature of their injuries and if they qualify for other types of compensation. Some of the most common losses recovered include:
- Medical Expenses: Expenses associated with emergency room treatment, tetanus shots, surgery, hospital visits, and physical therapy can be covered. An insurance policy may also cover medical care provided outside a hospital, such as at an outpatient surgical center, medical office, or clinic. An attorney often uses medical bills to determine how much compensation to ask for.
- Lost Wages: If a dog bite victim missed work due to their injuries and medical treatment, they can recover lost wages. Lost future wages can be claimed if the recovery is long-term or the injury is permanent. Using employment records, a lawyer can calculate lost and future wages to add to the requested compensation.
- Pain and Suffering: Physical pain, reduced mobility, and scarring can qualify a victim for compensation. Depending on the case, payment for emotional distress, anxiety, depression, post-traumatic stress disorder, and other issues can be pursued.
Legal expenses can also be covered, especially with a homeowners’ or renters’ insurance policy. However, costs are covered only up to the liability limits of, for example, $100,000 or $300,000. The dog owner is liable to pay any damages that exceed the policy limit.
What If The Dog Owner Doesn’t Have Insurance Coverage?
Obtaining compensation can be more challenging if a dog owner isn’t covered. But this does not bar you from bringing a legal claim against them. Otherwise, you or a loved one must pay for the losses out of pocket. A personal injury attorney can help you get compensated for medical bills, lost income, and other damages. That’s why you need an experienced dog bite lawyer to weigh your options and fight for your rights.
Proving Liability
The burden of proof in a dog bite case varies with each state. Some states have a one-bite rule, so the owner isn’t responsible for an injured person’s damages after only one bite. California, like most states, uses strict liability. Knowing whether the dog is aggressive is not a factor. The owner’s negligence need not be proven. However, they’re liable to pay for any harm the dog caused, even if it’s never bitten anyone before.
The owner’s defense may include claiming the victim was trespassing. They can also say the victim provoked the dog before the bite. If this is proven, the person can be held fully or partly responsible. Who is liable can determine eligibility for compensation.
How to Increase the Odds of a Dog Bite Lawyer’s Fees Being Covered
Several crucial steps can help increase the strength of your claim. Doing the following after a dog bite can help improve the odds of winning and maximize your compensation:
- Call 911: A police report provides strong evidence of how the event happened.
- Seek Medical Treatment: Immediate care ensures your injuries are properly treated. If you delay treatment, the other party may claim your injuries aren’t that severe.
- File an Insurance Claim: Gather the dog owner’s insurance information so you can file a claim as quickly as possible.
- Contact a Dog Bite Attorney: An experienced lawyer can help file your insurance claim and navigate the process. They can also help with a lawsuit if necessary.
Call the Law Offices of Jacob Emrani
If you or a loved one has suffered a dog bite or animal attack, our Los Angeles dog bite lawyers can help. We have skilled personal injury attorneys who can investigate your claim, fight for your rights, and obtain financial compensation. Having recovered tens of millions of dollars in damages, we can negotiate with the insurance company to cover medical and other expenses. Schedule your free consultation by calling (888) 952-2952 today.