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A typical dog bite lawsuit takes roughly nine months to a year to fully settle. The timeline largely depends on several factors surrounding the case. Since dog bite lawsuits vary from case to case, it is hard to pinpoint an accurate length of time, especially if the lawsuit ends up going to trial.
Dog bite lawsuits can take even longer if you decide to file a claim by yourself. It is best to get in touch with an experienced Los Angeles dog bite attorney from MKP Law Group, LLP who knows how to help you get started with your lawsuit. Retaining an attorney can help accelerate your case by ensuring your claim gets filed and processed in a timely manner.
How Long Do You Have to File a Dog Bite Lawsuit?
The time you have to file an injury claim or lawsuit, called the “statute of limitations,” varies from state to state. In California, you generally have two years to file an injury claim. However, if the victim is a child – and statistically, the chances are good that he or she is – then you could have additional time. Still, you do not want to rely on this potential exception.
Any delay puts your case at risk. Once you are past the time limit, you could be barred from collecting any compensation at all. The sooner you speak with a dog bite attorney from our firm, the better for your potential case and recovery.
What Happens After You File a Lawsuit for a Dog Bite?
Lawsuits generally start as claims. After submitting your claim to the insurance company (usually someone’s homeowners’ policy, though it may be different if you are bitten in a public place or at a business), the at-fault party and the insurance company will get in touch with your lawyer. The negotiation phase begins and your lawyer and the insurance company will determine what your settlement should be. This phase is can be the longest part of your case, and may require further evidence such as:
- Medical bills and related care expenses
- Proof of lost wages/income in the form of pay stubs, copies of retirement contributions, etc.
- Property damage (if applicable)
- Related costs for daycare
- Related costs for education
- Expenses for loss of services
Our Los Angeles dog bite lawyers also argue for non-economic losses, such as your pain and suffering, which cannot be quantified by receipts.
Once negotiations are complete and a fair award amount is offered, you case can settle and you will receive compensation that covers the damages you sustained. If no settlement can be reached, then we will file a complaint – a lawsuit – with the court and your case will proceed to trial. Trials are rare, but MKP Law Group, LLP has experience representing people in trials. If going to court is in your best interest, you can rely on us.
Common Causes for Delays in Dog Bite Cases
Cut and dry dog bite cases can settle quicker, but cases can often encounter delays due to several factors.
- Difficulty establishing fault. Were you partially at fault for the dog biting you? In California, you can still collect compensation but your total award will be reduced by your percentage of shared fault.
- Medical treatment. You may need to reach maximum medical improvement so that all of your medical damages get accounted for. An additional factor that adds time to dog bite claims is that the wounds need to fully heal to accurately assess their severity. If the wounds results in scarring, that adds value to the claim. Because of this, you could be waiting to file your claim for the duration of your recovery.
- Disputes for liability. It is possible that the at-fault party or the insurance company will try to dispute your claim against them. For example, a landlord may claim they’re not liable because the dog’s owner is to blame, but California does allow you to sue landlords for dog bites under certain circumstances.
- Insurance company investigations. If your dog bite is severe, the insurance company will likely conduct their own investigation into what happened. This can add time to your case.
What Happens If I’m Bitten by a Service Dog?
While rare, getting bit by a working or service dog can make your dog bite lawsuit complex. There are several things you will have to take into account prior to filing your claim.
K-9 and Working Dogs
Police K-9s and government working dogs are protected with special laws that can make it harder to sue them for dog bites, largely because their job often deals with dangerous items or individuals. There are specific channels to go through in order to file a claim against the police or a government agency’s dog that bites you. For these cases, evidence will be needed to illustrate the negligence of the dog handler that led to your injury.
Service Dog vs. Emotional Support Dogs
Service dogs are protected under the Americans with Disabilities Act (ADA). While ADA protections can make it hard to file a claim in some circumstances, generally speaking, most dog bite victims can still sue for compensation so long as they were not at fault. Service dogs are specially trained to handle stressful situations and provide assistance to their owners. Proving that one bit you may prove challenging, but with legal assistance, building a case is possible.
As for emotional support dogs, there is very limited legal protection for them. Most of their limited legal protection revolves around housing matters, not dog bite injuries. There should not be any major blockers to filing a claim.
Why You Should Speak With a Los Angeles Injury Lawyer About Your Dog Bite Claim
California is #1 for dog bites in the country, and Los Angeles has the most of any city. We know a lot about dog bites because we have been helping victims with these claims for years. We know exactly what types of legal hurdles folks face when they’re seeking compensation after an animal attack.
After a dog bite, you should focus primarily on recovery. Filing a claim and handling a lawsuit can be extremely difficult, especially while injured. Getting professional help from a Los Angeles dog bite lawyer at MKP Law Group means you don’t have to worry about your case; we’ll take care of that for you. All you need to do is focus on getting well.
Injured by a dog? MKP Law Group, LLP wants to help. From our office in Los Angeles, we serve clients throughout Southern California. Please call or contact us to get started.
