The statute of limitations for dog bite claims refers to the legal time limit within which a victim must file a lawsuit to seek compensation for injuries caused by a dog attack. This timeframe varies by state but is typically one to three years. It’s critical because once it expires, the victim loses the right to pursue legal action.
The importance of the dog bite claim deadlines lies in ensuring the timely resolution of claims, promoting fairness by preventing the use of outdated evidence, and encouraging victims to seek medical treatment and legal counsel promptly. It also helps protect dog owners from indefinite liability, providing legal closure and certainty.
If you or someone you love has suffered dog bite injuries, get legal representation from a dedicated dog bite law firm to pursue financial compensation for your injuries and losses.
Dog Bite Statute of Limitations
Each state has its own dog bite laws. Here are the legal time limits to file your claim in some key states:
California
In California, the statute of limitations for filing a lawsuit after a dog bite injury is two years from the date of the incident, as outlined under California Code of Civil Procedure Section 335.1. This time frame applies to personal injury claims, including those arising from dog bites. Failure to file within this two-year period typically results in the court dismissing the case, barring the victim from recovering compensation.
California’s Civil Code Section 3342 states that dog bite cases are subject to a strict liability standard. This means that a dog owner is liable for injuries caused by their dog, regardless of whether the dog had a history of aggression or whether the owner was aware of the dog’s potential to bite.
If the dog bite victim is a minor (under 18 years of age), the statute of limitations may be extended until the victim turns 18, effectively giving them until their 20th birthday to file a lawsuit.
Florida
In Florida, the statute of limitations for filing a dog bite injury lawsuit is four years from the date of the incident, under Florida Statutes Section 95.11(3)(a). This applies to personal injury claims, including cases involving dog bites. If a victim fails to initiate legal action within this time frame, their right to pursue compensation will likely be forfeited.
Florida follows a strict liability rule for dog bites under Florida Statutes Section 767.04. Dog owners are liable for injuries caused by their dogs regardless of whether the dog had shown prior aggression or the owner knew of the dog’s dangerous tendencies. This applies if the victim was lawfully on private property or in a public place at the time of the attack.
If the dog bite victim is a minor, the statute of limitations is tolled—meaning it’s paused—until the child turns 18, meaning they have until their 22nd birthday to file a claim.
Georgia
In Georgia, the statute of limitations for filing a dog bite injury lawsuit is two years from the date of the incident, as stated in Georgia Code Section 9-3-33. Missing this deadline generally bars the victim from pursuing legal compensation for their injuries.
Georgia follows a modified strict liability rule for dog bite cases under Georgia Code Section 51-2-7. Dog owners are liable if the victim can prove that the owner knew or should have known of the dog’s dangerous propensities, such as prior attacks or aggressive behavior. If the owner violated a leash law or local ordinance at the time of the incident, they may be liable without prior knowledge of the dog’s aggression.
If the victim is a minor, the statute of limitations may be extended until the minor reaches the age of 18, giving them until their 20th birthday to file the lawsuit.
Illinois
The statute of limitations for dog bite injury lawsuits in Illinois is two years from the date of the incident, as established by 735 ILCS 5/13-202. Filing a lawsuit after this deadline has passed will typically result in the victim losing their legal right to seek compensation.
Illinois follows a strict liability approach for dog bite cases under the Illinois Animal Control Act (510 ILCS 5/16). A dog owner is liable for injuries caused by their dog if the victim can demonstrate that they were lawfully on the property or in a public place and did not provoke the dog. The victim does not need to prove that the dog had a history of aggression or that the owner was aware of any dangerous tendencies.
For minors who suffer a dog bite injury, the statute of limitations is extended. The minor has until their 20th birthday to file a claim, thanks to the tolling of the statute of limitations under 755 ILCS 5/13-211.
Kentucky
In Kentucky, victims of dog bites must file a lawsuit within one year of the date of the incident, as stipulated by Kentucky Revised Statutes Section 413.140(1)(a). This is one of the shortest statutory periods for dog bite claims in the United States. Missing this deadline will generally result in the court dismissing the claim.
Kentucky is a strict liability state for dog bites under Kentucky Revised Statutes Section 258.235(4). A dog owner is liable for injuries caused by their dog regardless of the dog’s past behavior or the owner’s knowledge of its potential to bite. This applies to victims who were lawfully on private property or in a public area when the attack occurred. If a dog owner leaves their pet unattended in a public area, resulting in a bite injury, they may be held liable for the victim’s damages.
If the victim is a minor at the time of the attack, the statute of limitations may be tolled until the minor reaches 18 years old. This allows the minor until their 19th birthday to file a lawsuit.
Mississippi
In Mississippi, the statute of limitations for filing a dog bite lawsuit is three years from the date the dog bite occurs, as outlined in Mississippi Code Section 15-1-49. If the lawsuit isn’t filed within this three-year period, the victim will generally lose their right to seek legal compensation for the injuries sustained in the dog bite incident.
Mississippi follows a mixed liability approach for dog bite cases. Under Mississippi Code Section 9-11-27, a dog owner may be held liable if the dog has a known dangerous tendency or previous history of aggressive behavior. If the victim can demonstrate that the owner knew of the dog’s dangerous propensities and failed to control the animal, strict liability may apply. However, if no evidence is available to prove prior knowledge, the case may need to focus on negligence.
If the victim is a minor, the statute of limitations may be extended until the victim turns 18, giving them until their 21st birthday to file a lawsuit.
New York
In New York, the statute of limitations for dog bite injury cases is three years from the date of the incident, as provided by New York Civil Practice Law and Rules Section 214(5). If the lawsuit isn’t filed within this period, the victim’s case will likely be dismissed, and they will be unable to recover compensation.
New York operates under a strict liability rule for dog bites. According to New York Agriculture and Markets Law Section 121, a dog owner is responsible for injuries caused by their dog if the victim was lawfully on the premises or in a public place, and the victim did not provoke the dog. The victim does not need to show that the dog had a prior history of aggression or that the owner knew its tendencies as a dangerous dog.
If the dog bite victim is under the age of 18, the statute of limitations is tolled until the minor reaches 18, providing them until their 21st birthday to file a lawsuit.
North Carolina
In North Carolina, the statute of limitations for filing a dog bite injury lawsuit is three years from the date of the incident, as outlined in North Carolina General Statutes Section 1-52. If a victim does not file their claim within this time frame, they may forfeit their right to recover damages for their injuries.
North Carolina follows a mixed liability rule for dog bites. Under North Carolina General Statutes Section 67-4.4, a dog owner may be held strictly liable for injuries caused by their dog if the dog has a history of dangerous behavior, or if the owner failed to take reasonable precautions to prevent an attack. This includes instances where the dog had previously bitten someone or had a tendency to exhibit aggressive behavior.
If the victim is a minor at the time of the dog bite, the statute of limitations is tolled until the minor reaches 18, giving them until their 21st birthday to file a lawsuit.
Wisconsin
In Wisconsin, the statute of limitations for filing a dog bite injury lawsuit is three years from the date of the incident, as outlined in Wisconsin Statutes Section 893.54. This period begins on the date of the injury and runs out after three years, preventing the victim from pursuing legal action if the claim isn’t filed within that time frame.
Wisconsin follows a strict liability approach in dog bite cases. Under Wisconsin Statutes Section 174.02, a dog owner is strictly liable for injuries caused by their dog, provided the victim was lawfully on the premises or in a public place and did not provoke the dog. The victim does not need to prove that the dog had a history of aggression or that the owner was aware of any dangerous behavior. There is no “one-bite rule” in Wisconsin.
If the victim is a minor, the statute of limitations is tolled until the minor reaches the age of 18, providing them until their 21st birthday to file a lawsuit.
Other Exceptions to the Dog Bite Statute of Limitations
While the statute of limitations in dog bite cases sets a strict deadline for filing a lawsuit, there are important exceptions that can extend or toll the time limit in certain situations. Two common exceptions, beyond the standard provision for minors, are mental incapacity and delayed discovery.
Mental Incapacity
In cases where the victim is mentally incapacitated at the time of the dog bite incident, the statute of limitations may be extended. This exception is intended to protect individuals who are unable to manage their own affairs due to mental disabilities, such as cognitive disorders or severe psychological conditions.
If the victim cannot comprehend or act on the legal process due to their incapacity, the time limit to file a claim is tolled until the individual regains their mental capacity. This ensures that mentally incapacitated victims aren’t unfairly deprived of their right to pursue legal action once they can do so.
Delayed Discovery
The delayed discovery rule is another exception to the dog bite statute of limitations, and it applies in cases where the victim does not immediately discover the full extent of their injuries. In some instances, the physical or emotional consequences of a dog bite may not become apparent right away. This is particularly common with injuries that may worsen over time, such as infections, nerve damage, or emotional trauma like PTSD.
Under the delayed discovery rule, the statute of limitations does not begin to run until the victim reasonably discovers—or should have discovered—the nature and extent of their injuries. This exception ensures that individuals aren’t penalized for not recognizing the full scope of harm until later.
Why Early Legal Representation from Dog Bite Injury Lawyers Matters?
In dog bite injury cases, acting quickly by securing top legal representation can make all the difference to the claim of an injured person. A skilled dog bite lawyer ensures your rights are safeguarded from the outset, helping to maximize your chances of a successful outcome.
Ensuring Proper Medical Attention
Dog bites can result in serious or complicated injuries that require immediate medical intervention. These injuries can range from minor wounds to deep punctures, nerve damage, and emotional distress. An attorney can help ensure you receive immediate and specialized medical attention, prioritizing both immediate and long-term care.
Delayed treatment or neglecting proper care can lead to infections, permanent scarring, or long-lasting physical and psychological issues. A dog bite lawyer can direct you to medical professionals with experience in treating these injuries, ensuring that complications are minimized and you get the most effective treatment.
Your lawyer will work closely with your healthcare providers to compile complete medical records, diagnostic results, and prescriptions related to your injury. This documentation is vital for proving the full extent of your injuries and is an essential part of any claim for compensation for medical expenses and other damages.
Shielding from Unfair Insurer Tactics
Insurance companies may aim to settle claims quickly and at a low value, generally before the victim understands the full extent of their injuries or potential long-term consequences. With early legal representation, your attorney ensures that you aren’t rushed into an unfair dog bite settlement and that you receive compensation reflective of the true severity of your injuries.
Insurance companies may use various manipulative tactics, such as requesting recorded statements or pressuring you to accept a settlement offer prematurely. An experienced dog bite lawyer knows these tactics and will intervene to protect your interests, ensuring that you don’t inadvertently undermine your case or accept an unfair offer.
The legal aspects of dog bite claims, such as determining liability, proving negligence, and navigating state-specific dog bite laws, can be intricate. A personal injury attorney focused on dog bite cases has the knowledge and experience to manage these complexities, handling the legal intricacies so that you can focus on your recovery.
Swift Investigation to Collect and Preserve Evidence
Early legal involvement allows your attorney to initiate a prompt investigation into the incident. This quick action can preserve critical evidence, such as photographs of the scene, the dog’s history, medical records, and witness statements, which may become difficult to obtain later. This evidence is crucial for building a strong case.
A thorough investigation early on can help identify all parties potentially responsible for your injury. Beyond just the dog’s owner, there may be other parties liable, such as property owners, tenants, or even local municipalities if the dog was in a public space. Identifying all responsible parties increases the scope of your potential claim and can lead to a higher settlement.
In complex dog bite cases, expert testimony can be an asset. Dog bite attorneys can engage expert witnesses, such as medical professionals, animal behaviorists, or accident reconstruction specialists, to provide credible evidence supporting your claims. Expert testimony can also help clarify difficult-to-understand aspects of your case and provide the necessary support for your injury claims.
Upper Hand in Settlement Negotiations
When you hire a lawyer early on, they will collect all the necessary documentation, interview witnesses, and consult with medical experts as soon as possible. This proactive approach strengthens your case and gives your attorney the ammunition needed to demand a fair settlement that covers all of your expenses, both immediate and long-term.
Even if you hope to settle, preparing your case for trial from the outset puts you in a strong position. Lawyers who prepare early send a message to the insurance company that they’re willing to take the case to court if necessary. This can lead to better settlement offers because insurance companies know that going to trial could be costly for them.
Time is an essential factor in building a strong dog bite case. With enough time to prepare, your attorney has the leverage needed to negotiate more effectively, resulting in a higher likelihood of achieving a favorable outcome. A lawyer who is ready for trial can make insurance companies and opposing parties take your case more seriously, potentially leading to a larger settlement or a favorable jury verdict.
By securing early legal representation, you empower yourself with a strategic advantage in your personal injury lawsuits.
Steps Our Dog Bite Injury Attorneys Will Take to Maximize Your Compensation
At Agruss Law Firm, LLC Dog Bite Laws, our dog bite injury lawyers will fight to ensure you receive the highest possible dog bite settlement. We work to build a robust attorney-client relationship based on trust and compassion.
From the moment you reach out to us, we take a comprehensive, step-by-step approach to guide you through the legal process and build a robust case on your behalf. Below are the detailed steps we take to maximize your compensation.
Listen to Your Account of the Events with Care and Compassion
We begin by listening attentively to your account of the dog bite incident, whether in person at our office, at your home, or even by your bedside in the hospital. Our attorneys understand the physical and emotional toll such incidents can have, so we offer a compassionate, empathetic ear and provide the support you need at this difficult time.
We make it a priority to ensure you feel confident and informed throughout the process. Our team provides guidance on every step, helping you understand the legal journey ahead and what you can expect. This creates a strong foundation of trust between you and your attorney, which is vital in a successful legal partnership.
Ensure You Receive Proper Medical Treatment
Dog bite injuries can be complex and serious, and receiving prompt medical treatment is critical for both your physical and mental well-being. Our attorneys help you get connected with qualified medical professionals who specialize in treating injuries caused by dog bites, including infections, nerve damage, or psychological trauma.
If you’re struggling to access appropriate medical care or need a second opinion, we guide you through the process and advocate on your behalf to ensure you get the best care possible. Our team understands the importance of both short-term recovery and long-term rehabilitation, so we help ensure your treatment addresses all aspects of your health, including mental health considerations like trauma from the attack.
Move Fast to Organize Documents and Collect Evidence
Our team understands that evidence can fade or disappear with time, which is why we act swiftly to organize critical medical records and documents. This includes gathering hospital records, photographs of your injuries, and statements from medical professionals about your treatment and prognosis.
We send a spoliation letter or file a court order to ensure that all relevant evidence is preserved, such as surveillance footage, photographs, or physical evidence. This prevents any evidence from being destroyed or altered before it can be used in your case.
Types of Evidence Collected:
- Photos of the injury site and surrounding area
- Medical records detailing treatment and care
- Witness statements from bystanders or experts
- Dog owner’s records, such as vaccination history or past incidents involving the dog
- Police reports
- Animal control reports, if available
- Security camera footage of the attack (if accessible)
- Statements from experts (e.g., doctors, veterinarians, or animal behaviorists)
Help You File a Civil Claim for Damages
Our attorneys assist you in filing a civil claim for damages, ensuring that all paperwork is completed accurately and on time. We take care of all the necessary formalities, from drafting the complaint to ensuring that deadlines are met, so you don’t have to worry about missing critical legal steps.
We issue a strong demand letter to the dog owner’s insurance company on your behalf. This letter outlines your case, the evidence collected, the extent of your injuries, and the damages you’re seeking. Our demand letter sets the tone for negotiations, showing that we’re prepared and serious about securing fair compensation for your injuries.
Shield You from the Unfair Tactics of the Insurers
Insurers often use underhanded tactics to minimize their payout, and our job is to protect you from these strategies. These tactics can include:
- Lowball Settlement Offers: Insurers may offer a settlement far below the true value of your case, hoping you will accept it out of financial stress.
- Requesting Recorded Statements: They might pressure you into giving a recorded statement, which they could later use against you.
- Delay Tactics: Some insurers try to drag the process out, hoping that you will become frustrated and accept a lower settlement just to end the process.
- Claiming Comparative Negligence: Insurance companies may argue that you were partly to blame for the dog bite, attempting to reduce the amount they have to pay.
- Denying Liability: The insurer may try to avoid liability by claiming that the dog owner isn’t responsible for the attack.
Engage in Aggressive Settlement Negotiations
Our lawyers are fierce negotiators who use the evidence gathered, your medical documentation, and any expert opinions to build a strong, evidence-backed case for your compensation. We know that most cases are settled outside of court, but we ensure that any settlement offer is fair and compensates you for your physical, emotional, and financial losses.
Armed with a detailed and well-organized case, our team leverages its knowledge of the dog bite injury statute to aggressively negotiate for the highest possible settlement. By maintaining a focus on your well-being and financial recovery, we aim to make sure you’re compensated for all aspects of your injury.
Begin Trial Preparations from Day One
Even while negotiations are ongoing, we prepare for trial to show the insurer that we’re fully prepared to take your case to court if needed. This early preparation strengthens your negotiating position and puts pressure on the opposing side to offer a fair settlement.
We may engage expert witnesses, including medical professionals, dog behaviorists, and other specialists, to build a comprehensive case that highlights the seriousness of your injuries and the need for substantial compensation. This expert testimony can provide critical support in both settlement negotiations and during trial if the case proceeds to court.
By starting trial preparations early, we craft a strategy that allows us to respond to any challenges that may arise during negotiations or in court. This proactive approach ensures that you’re never caught off guard and that our experienced personal injury attorney is always ready to fight for your rights.
Take the Legal Battle to the Courtroom if Necessary
If a fair settlement cannot be reached, our attorneys are fully prepared to take the case to trial. We present your dog bite injury claims before a jury, using compelling arguments, expert testimony, and solid evidence to demonstrate the full extent of your injuries and their impact on your life.
Our lawyers have extensive courtroom experience and are skilled in presenting cases before a jury. We carefully craft each element of your case to ensure that every detail is properly conveyed and that the jury fully understands the scope of your suffering.
In court, we aim to secure a verdict that accurately reflects your pain and suffering, medical bills, lost wages, and long-term impact. Our attorneys strive to achieve the highest possible compensation, ensuring that you’re made whole after such a traumatic event.By working with Agruss Law Firm, LLC Dog Bite Laws, you can rest assured that your case is in the hands of proven dog bite attorneys who will fight to hold the dog owner liable and recover the largest possible compensation for you. To schedule your free consultation, call 866 K9-BITES (866-592-4837) or contact us online.
