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Most dog-bite disputes never get to court; they're settled by negotiations between the injured person and the dog owner or insurance company.In many states, you can sue for up to $10,000 in small claims court. The best way to show how small claims court works is to follow a hypothetical case from beginning to end.
How long does a dog bite case typically take to settle? The short answer is months, if not years. If your case is clear cut and liability is easy to determine, then your case could settle out of court and be concluded within 4 to 12 months.
California Civil Code 3342 is the state's dog bite statute. It holds dog owners strictly liable for dog bites that happen either: On public property, or. Where the dog bite victim had a lawful right to be.
Your dog bite case may be worth a significant amount of money. In cases involving the face or injury to small children, the settlement may be over $100,000, depending on the facts of your case and the experience of your dog bite lawyer.
If the bite was minor, you still might be able to recover compensation. Dog bite injuries can also cause mental and emotional distress for which you can recover compensation. Chances are that you won't have to file a lawsuit to recover your damages.
The average settlement from a dog bite claim was $43,653 in 2019. We here at QuoteWizard analyzed 2019 American Veterinary Medical Association (AVMA), the Insurance Information Institute and State Farm® dog bite claim data to see which states had the highest average cost per claim.
California dog bite law imposes strict liability on owners. This means the owner of a dog that bites someone faces liability in a civil lawsuit for the victim's injuries even if the animal has never bitten before and the owner had no reason to believe the animal was dangerous.
If you do have to go to court, use small claims court if your losses aren't too large. In many states, you can sue for up to $10,000 in small claims court.
Strict liability allows more dog bite victims to recover compensation for their losses. While California uses strict liability for dog bite cases, other states have dog bite laws modeled after the one bite rule. The one bite rule only holds dog owners liable if they are aware of their dog's dangerous tendencies.