How to File a Dog Bite Lawsuit

Dog bites may seem like isolated incidents, but they can lead to serious injuries, emotional trauma, and costly recovery. If you’ve been bitten by someone else’s dog, you may be legally entitled to compensation for medical bills, lost wages, and other damages. But navigating a dog bite lawsuit requires understanding local laws, gathering solid evidence, and acting quickly.

This guide walks you through the full legal process—from injury to potential settlement—and explains when and why you should contact an attorney.

For broader context on personal injury claims, check out guide to personal injury lawsuits, and see how attorneys challenge evidence in court.

1. Get Immediate Medical Attention

Your first priority after a dog bite should be your health. Even a minor bite can lead to serious infections, nerve damage, or permanent scarring.

• Go to the emergency room or urgent care if needed.
• Request rabies treatment if the dog’s vaccination history is unknown.
• Save all medical documentation, including:
• Hospital or urgent care discharge summaries
• Medication receipts
• Diagnosis reports and follow-up instructions

According to the CDC, prompt treatment reduces the risk of infection and ensures proper documentation for legal purposes.

2. Report the Bite to Authorities

Report the incident to animal control or your local health department as soon as possible. This creates an official record of the attack and ensures that:

• The dog’s vaccination status is verified.
• Dangerous animals are investigated and monitored.
• Your case is taken seriously by insurers or courts.

Many states require mandatory reporting of dog bites, and failure to report could hurt your claim or put others at risk.

3. Start Collecting Evidence

To build a strong legal claim, you’ll need evidence that supports your version of the events and proves the extent of your injuries. Important items include:

• Photos of your injuries (immediately and during healing)
• Photos of the dog and scene (if possible)
• Witness names and contact info
• Medical records and billing statements
• Proof of lost wages, such as pay stubs or employer letters
• Insurance correspondence from the dog owner’s provider

For more on maximizing the value of your claim, check article on injury claim calculation.

4. Understand Dog Bite Laws in Your State

Dog bite liability laws vary widely by state and can affect your ability to recover damages. There are two common legal frameworks:

Strict Liability States

• The dog owner is liable regardless of whether the dog had bitten anyone before. The injured person doesn’t have to prove the owner knew the dog was dangerous—only that:
• The bite occurred
• It happened in a public place or where the victim had a legal right to be
• Examples: California, Florida, Illinois, New Jersey

One-Bite Rule States

• These states require the injured person to show the dog owner knew or should have known that their pet had aggressive tendencies. This is sometimes called the “one free bite” rule—though it doesn’t guarantee immunity.
• Examples: Texas, New York, Virginia

To learn how your state handles dog bites, visit Nolo’s Dog Bite Law Guide.

5. File a Claim or Lawsuit

Step 1: File an Insurance Claim

• Start by filing a claim against the dog owner's homeowner’s or renter’s insurance. These policies often cover dog bite injuries—even if the incident happened off the insured property.

Step 2: File a Lawsuit (if needed)

• If the insurer denies your claim or offers an unreasonably low settlement, your lawyer may file a personal injury lawsuit in civil court.

Statute of Limitations: Most states require you to file within 1 to 3 years of the bite. Missing the deadline usually bars your claim entirely.

For a step-by-step overview of the litigation process, read personal injury process guide.

6. What Compensation Can You Recover?

A dog bite claim may result in compensation for both economic and non-economic damages, including:

Economic Damages

• Emergency care and hospital bills
• Surgery, stitches, and follow-up appointments
• Physical therapy or rehabilitation
• Psychological counseling (especially for children or PTSD)
• Lost wages and reduced earning capacity
• Property damage (e.g., broken glasses, torn clothing)

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Disfigurement or scarring
• Loss of enjoyment of life

The total value of your claim depends on the severity of your injuries, long-term effects, and available insurance coverage.

7. Why You Should Hire a Dog Bite Attorney

While minor cases might be resolved with a quick insurance payout, more serious cases require legal representation. A personal injury attorney can:

• Evaluate the strength of your case
• Investigate the dog’s history and ownership records
• Work with medical experts to assess long-term care needs
• Negotiate with insurers on your behalf
• Take the case to trial if needed

Most dog bite lawyers work on a contingency fee basis, meaning you don’t pay unless they win or settle your case.

Not sure how to choose a lawyer? See guide to finding the right personal injury attorney.

Real-World Example

Let’s say a jogger is bitten by an off-leash dog in a public park. The dog has previously lunged at passersby, and the owner failed to warn anyone or leash the animal. The victim requires surgery and misses three weeks of work.

In this scenario:

• The owner could be liable under both strict liability or negligence theories.
• Witnesses and park surveillance could provide supporting evidence.
• The victim could claim damages for medical care, lost wages, pain, and psychological trauma.

An experienced attorney would help secure a fair settlement—or take the case to trial if the insurer refuses to cooperate.

Key Takeaways

• Get medical care immediately and report the incident to local authorities.
• Document everything: photos, witnesses, bills, and lost wages.
• Know your state’s laws—strict liability vs. one-bite rule can impact your case.
• File quickly to meet your state’s statute of limitations.
• Work with an attorney to build a strong claim and negotiate with insurers.