Average Dog Bite Settlement in New York

Dogs are perhaps the most popular pet in the United States. While dogs can be faithful companions, they are still animals. A poorly trained, poorly controlled, or vicious dog can cause serious injuries if it decides to attack someone.

If you are bitten by a dog, your injuries might range from relatively minor bruising and broken skin to severe, life-changing injuries. Through a dog bite lawsuit, you can recover money for your medical bills, lost wages, pain and suffering, and other losses. The value of your claim will depend on the seriousness of your injuries and other factors. Our Long Island personal injury lawyers will fight to get you maximum compensation for your dog bite injuries.

The Odierno Law Firm Accident and Injury Lawyers represent dog bite victims in Nassau and Suffolk Counties in New York. We represent all clients on a contingency fee basis, which means that you won’t pay anything up-front and will only pay a fee if we recover money for you. Contact our law offices today to schedule a free consultation with a Long Island dog bite lawyer.

When You Can Sue for a Dog Attack

In New York, if a dog bites or otherwise attacks you, you may be able to file a lawsuit against its owner. These claims will either be based on a theory of negligence (carelessness) or strict liability. Strict liability is a legal concept that means that a person can be held responsible for another’s losses without the victim having to prove fault. The legal theory will depend on whether or not the dog is considered “dangerous” under New York law.

New York uses a version of the “one bite” rule for dog bite cases. This means that a dog owner won’t be held strictly liable for any bites unless the dog has a history of biting people. Under New York law:

• A dog owner will be strictly liable for all of a dog bite victim’s losses (damages) if they knew that their dog had a “vicious propensity” and the injury was caused by the dog’s viciousness.
• A dog owner who was not aware that their pet could be dangerous can only be held strictly liable for a victim’s medical costs. The dog bite victim must prove that the owner was negligent in some way if they want to recover money for other losses, such as lost wages or emotional distress.

If you are injured by a dog, your medical bills will always be paid for by the dog’s owner (unless you did something to provoke the dog into attacking). Otherwise, if the dog isn’t considered dangerous, you will have to prove that the dog owner was negligent (careless) by showing that:

• The owner was careless in how they handled their dog; and
• The owner’s carelessness allowed the dog to injure you.

For example, consider a situation where you are walking your own dog at a local park when an off-leash dog races up to your dog, barking and growling. You intervene to try to protect your dog, and the strange dog bites you. Because dogs must be leashed in this park, the owner’s negligence in letting their dog run free allowed the dog to injure you. As such, you could pursue a lawsuit against the dog’s owner.

If you have been bitten by a dog, you don’t have to wonder about whether you have a case or try to figure out whether the owner is strictly liable or if you have to prove negligence. Our Long Island dog bite attorneys will listen to your story during a free initial consultation. We will then offer you legal advice on your rights and options for pursuing a claim.

How Much Is Your Dog Bite Case Worth?

In any personal injury, including dog bite cases, you might be entitled to recover three types of compensation: economic, non-economic, and punitive damages. Economic and non-economic damages will compensate you for your losses. Punitive damages are awarded in more unusual cases where the at-fault party (defendant) acted intentionally or recklessly.

Economic damages pay for your financial losses. Typically, you will have some sort of documentation of these losses, such as bills, invoices, and pay stubs. Examples of economic damages include property damage, lost wages, reduced earning potential, medical bills, and future medical care.

Non-economic damages pay for your intangible losses, like pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement. Non-economic damages can be harder to prove, but they are just as important when it comes to getting a full recovery. This is especially true in a dog bite case, where you might be reminded of your trauma regularly because it can be hard to completely avoid dogs.

Finally, punitive damages are available only in cases where the dog owner acted intentionally or recklessly. The goal of these damages is to punish someone who behaved badly. For example, if a dog owner lets their dog loose to attack someone whom they were mad at, that might be a case where punitive damages are warranted.

As explained above, dog owners will be strictly liable for all of a victim’s losses in cases where their dog is considered dangerous. This may include economic, non-economic, and potentially punitive damages. To recover anything more than medical expenses under a negligence theory (for dogs that aren’t dangerous), you will need to prove that the dog owner was careless in some way.

These types of claims are covered by the dog owner’s homeowner’s or renter’s insurance policy. This fact is important because it means that if a loved one’s dog bites you, you won’t be suing them directly. Instead, you will be filing a claim with their insurance company.

Any settlement for a dog bite case should include money for all of your losses. Our Long Island dog bite attorneys will work with you to help you understand your rights and the value of your case. Contact us at any time to set up a free appointment with a member of our legal team.

Factors That Impact the Value of a Dog Bite Claim

Every dog bite case is different. There are dog bite cases where a victim has relatively minimal injuries. In some cases, a dog bite victim will be permanently scarred and deal with a lifetime of pain as a result of the attack.

Because every case is unique, there really is no such thing as an average dog bite settlement in New York. The value of your case will be based on factors such as:

• The severity of your injuries;
• The amount of time you were off work;
• Whether you suffered a permanent disability, which can affect your ability to work and perform your daily activities;
• If there is proof of the dog bite to establish liability;
• The policy limits of the dog owner’s insurance coverage;
• Whether you were somewhat responsible for the dog bite (i.e., if you taunted or provoked the dog);
• The strength of the evidence in the case;
• Whether you will need to prove fault or if the case will be based on strict liability; and
• If you have legal representation.

For example, consider a case where a dog viciously attacks a mail carrier as they deliver a package. The dog bites the victim’s leg, tearing off both skin and muscle. The mail carrier has to have surgery to repair the damage, and their leg will never be 100% again. These injuries caused significant scarring and impacted their ability to walk, which means that they can no longer deliver the mail.

In this case, the mail carrier likely has a fairly high-value case. The severity of the injuries, combined with the long-term impact of the dog attack, means that their economic damages will likely be high. This type of attack is also very traumatic, which could lead to higher non-economic damages.

In comparison, if you suffer a minor dog bite from a friend’s dog when you were playing tug with a toy, you might just need a few stitches (if that) for the injury. You might have a small scar on your arm, but you don’t have any lasting effects, and you did not have to take time off work to recover. In this case, your settlement will likely be much smaller compared to the mail carrier case above.

One of the most important factors in getting the highest possible recovery for your dog bite injuries is whether or not you have a lawyer. Insurance companies are more likely to offer a fair settlement when they know that you have legal representation. Our law firm will fully investigate your case, develop a legal argument to support your lawsuit, and skillfully negotiate a settlement whenever possible.

As experienced litigators, we are also more than capable of taking your case to trial to help you get the compensation that you deserve. Whenever possible, we will try to settle your case outside of court. If that isn’t possible, we will help you get the compensation that you deserve by asking a jury to return a verdict in your favor.

Reach Out for a Free Consultation with a Long Island Dog Bite Lawyer

Dog bites can be scary and traumatic. They can also result in serious injuries. Our law firm will help you get justice if you are attacked by a dog. Although we can’t guarantee a particular outcome, we can promise that we will work tirelessly to get you the largest possible settlement based on the facts of your case.

At The Odierno Law Firm Accident and Injury Lawyers, we advocate for dog bite victims in Nassau and Suffolk Counties. Whether your injuries are relatively minor or life-changing, we will fight to get you the compensation that you deserve. To learn more or to schedule a free initial consultation with a Long Island dog bite lawyer, give us a call at 631-973-6221 or fill out our online contact form.