August 14, 2024
Millions of people get bitten by dogs every year. A dog bite can happen when you least expect it, even from an ordinarily gentle animal. If you or a loved one has been a victim of a dog bite incident in Indiana, understanding the average settlement amount can help you seek fair compensation.
At Stracci Law Group, our Northwest Indiana dog attack lawyers have much experience pursuing the compensation dog bite victims deserve. Learn more about dog bite settlements in Indiana in 2024.
How Often Do Serious Dog Bites Happen?
Serious dog bites occur more frequently than you might think. According to the American Veterinary Medical Association, approximately 4.5 million people in the U.S. are bitten by dogs each year.
While not all dog bites result in serious injury, a significant portion do, leading to physical harm, emotional trauma, and potential long-term consequences. If you've experienced a serious dog bite, seeking legal assistance can help ensure you receive appropriate compensation for your damages.
What Types of Damages Are Available in a Dog Bite Claim?
Several types of damages may be available as part of a dog bite claim to compensate the victim for their losses.
These can include:
- Medical expenses: Medical expense damages cover the cost of medical treatment related to the injury, including hospital bills, surgeries, medications, and therapy.
- Lost wages: If the victim is unable to work due to their injuries, they may be entitled to compensation for lost income during their recovery period.
- Pain and suffering: This category includes compensation for physical pain and emotional distress caused by the dog bite, such as anxiety, fear, and trauma.
- Permanent disability or disfigurement: If the bite results in permanent scarring, disfigurement, or disability, the victim may receive compensation for the long-term impact.
- Property damage: In cases where personal property (such as clothing or belongings) is damaged during the attack, the victim may be entitled to reimbursement.
- Punitive damages: The court may award punitive damages to punish the dog owner in cases involving reckless or malicious behavior.
Sizing up a dog bite claim and determining the full extent of the damages you’re eligible for can be challenging. Consulting an experienced personal injury attorney can help you understand your rights and seek fair compensation for your losses.
Factors Affecting Dog Bite Settlement Amounts
Numerous factors can influence the final settlement amount in a dog bite case. Here are some of the most notable.
Medical Expenses
The total cost of medical treatment, including hospital bills, surgeries, medications, therapy, and any future medical expenses, is the biggest factor in calculating settlement amounts.
Severity of Injuries
The extent and severity of the victim's injuries, including their need for medical treatment, surgery, and rehabilitation, can significantly impact the compensation they receive.
Permanent Scarring or Disfigurement
If the dog bite leads to permanent scarring or disfigurement, the settlement amount may increase to account for the long-term impact on the victim's appearance and quality of life.
Lost Wages and Future Earning Capacity
Compensation for lost wages due to time off work and any potential impact on the victim's future earning capacity will be factored into the settlement amount.
Emotional Distress
The emotional toll of the dog bite, including pain and suffering, anxiety, trauma, and loss of enjoyment of life, can contribute to the award.
Insurance Coverage
The amount of insurance coverage available, whether through the dog owner's homeowners insurance policy or another plan, can influence the settlement negotiations.
Evidence and Liability
The strength of the evidence supporting the victim's claim — including witness statements, medical records, photographs of injuries, and any evidence of the dog owner's negligence or liability — can impact the likelihood of a favorable settlement.
State Laws and Legal Precedents
Dog bite laws vary by state, and legal precedents in previous cases may affect the settlement amount and negotiation strategy.
Calculating the Value of Your Dog Bite Case
Evaluating your dog bite case involves looking at both economic and non-economic losses.
Economic damages reflect the tangible financial costs associated with the attack, such as medical bills, lost wages, and future estimated expenses for ongoing treatment or rehabilitation. These expenses are relatively straightforward to calculate, as they only require you to add up all care-related costs.
Non-economic damages, on the other hand, are more subjective and therefore difficult to quantify. That’s because they serve to compensate for effects like physical pain, emotional distress, and trauma. Unlike economic damages, non-economic damages don’t come with hard numbers.
Calculation methods vary from insurance company to insurance company, adjuster to adjuster, but typically there is a secret proprietary formula that is not publicly available.
While this “multiplier method” can provide an estimate of the case's value, non-economic damages can differ considerably based on individual circumstances and the specific facts of a given case.
What Should I Do After a Dog Bites Me?
If you've been bitten by a dog, taking the following steps can help ensure your safety and protect your legal rights.
Seek Medical Attention
First and foremost, get medical attention as soon as you can, especially if you have deep puncture wounds. Infections from animal bites can be life-threatening under certain circumstances. Prompt treatment will also prevent the insurance company from claiming that your injuries didn’t occur until after the attack.
Identify the Dog’s Owner
Since you can't file a claim against the dog itself, you’ll need to identify the dog's owner. If it’s not obvious who the owner is, and if the dog is running free, you may need to contact animal control. They might be able to find a microchip on the dog that identifies the owner.
Get the Dog Owner’s Insurance Information
Next, you should ask the dog owner for their insurance details. Most homeowner's and renter's insurance policies cover dog bites up to specified policy limits, so don't worry about driving the owner into bankruptcy by claiming your injuries.
Report the Incident
After confirming the dog owner’s insurance info, contact local animal control authorities or law enforcement to report the bite. Provide details about the location, time, and circumstances of the incident. This step ensures that the appropriate authorities can investigate and take necessary actions to prevent future incidents.
Document the Bite
Take photographs of your injuries at various points during the healing process — you may need them as evidence later. Your doctor probably won't photograph your injuries, but your medical records will still serve as important documentation. Also, consider keeping a journal of your symptoms and recovery progress.
Contact a Personal Injury Attorney
It's advisable to seek legal advice from a qualified personal injury attorney with experience handling dog bite cases. An attorney can analyze the circumstances of the incident, explain your rights, and guide you through the legal process, including pursuing compensation for your injuries and resulting losses.
Follow Up on Medical Treatment
Continue to follow your healthcare provider's instructions for wound care and treatment. Attend all scheduled appointments and adhere to any prescribed medications or rehabilitation exercises to accelerate your recovery.
What Is the “One-Bite” Rule?
Indiana’s "one-bite" rule is a legal principle that holds dog owners liable for injuries their pets cause in cases where they knew or had reason to believe that the animal had a propensity for aggressive behavior.
Essentially, this rule says that dog owners may be held accountable for a victim’s injuries unless the incident in question was without precedent and they were unaware of their dog's dangerous tendencies beforehand.
How Long Can a Dog Bite Case Take to Settle?
The duration of a legal case stemming from a dog bite incident can be unpredictable — a typical case might take anywhere from a few months to over a year to settle. The timeline is influenced by the complexity of the events, the severity of the victim’s injuries, the amount of negotiation required, and the willingness of the insurance companies to settle.
Cases involving extensive medical treatment or disputes over liability will likely take longer to resolve. If a satisfactory settlement can’t be reached and the case goes to trial, it could further extend the time frame.
How Long Do I Have to File a Dog Bite Lawsuit in Indiana?
In Indiana, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the incident. This means that someone who’s been injured in a dog bite attack would have two years from the day they were bitten to file a claim seeking compensation for their injuries.
Critically, there can be exceptions and nuances to the statute of limitations depending on the particulars of the case.
For instance, if the victim is a minor at the time of the incident, the statute of limitations may be extended, allowing them to file a lawsuit within two years after they turn 18. Similarly, the statute of limitations might be different if the incident resulted in a wrongful death.
Talk to a Dog Bite Lawyer at Stracci Law Group Today
If you've been injured in a dog bite incident in Northwest Indiana, it's vital to seek legal guidance from an experienced personal injury attorney. Your lawyer can protect your rights and help you pursue the financial resources you need to move forward.
At Stracci Law Group, we understand the challenges you’re likely facing after a dog bite, and we're here to provide the support and advocacy you need.
Don't wait to seek help — call or reach out to us online today. We proudly serve clients in Crown Point, Merrillville, Hammond, and throughout Northwest Indiana.
