Will My Dog Bite Case Settle Out of Court?

Suffering a dog bite injury can be a disorienting process trying to deal with your injuries, the dog owner, or community agencies like the police department or animal control. When hiring a dog bite lawyer, there are many factors at play. Most homeowners’ insurance companies and private attorneys representing the dog owner will not want to take matters to court because it can become a very long and expensive process for everyone involved. 

Though the goal is typically to settle without having to take a case to court, this will largely depend on the details of the case and your own goals. There is no set duration that you can expect for the entire process of a dog bite claim, as many factors affect this time frame case by case. If you are curious about the process, the best way to determine what it might look like for you is to talk to an experienced Florida animal attack lawyer with the Schiller Kessler Group.

What Can Affect Settlement After a Dog Bite?

Many factors affect whether or not your case will settle or how quickly it will settle. The short answer is that the muddier the case, the longer it will take to settle. This can also be affected by having an experienced dog bite attorney.

It is not uncommon for insurance companies to drag on the negotiation process if you do not have representation. Your attorney can move negotiations forward and navigate the process for you, which may reduce the time required for a settlement agreement. 

Insurance companies will typically want to settle outside of court unless they have very good evidence that the dog owner is not responsible or that you are inflating the severity of your injuries.

In the state of Florida, liability falls on the dog’s owner unless there is proof of negligence on the victim’s end. This negligence is typically related to abusing or harassing the animal, attacking the animal or owner, or being unlawfully present in the owner’s home. Florida does observe comparative negligence or contributory fault laws, and therefore, any liability found on you as the victim can reduce the compensation awarded. 

Contributory Fault Laws in a Florida Dog Bite Case

Contributory Fault in Florida refers to the role the victim may have played in their own injuries. In a dog bite, this could be harassing the dog. For example, suppose you are teasing the dog or getting in their face while ignoring warning behavior. If you are bitten, you may be seen as partially liable for your injuries. 

Let us suppose you are considered 40% at fault. Because Florida’s threshold for contributory fault is 51%, you would still receive compensation, just reduced by your fault of 40%. If you were awarded $100,000, you would end up walking away with $60,000.

If you have concerns about possibly contributing to your dog bite attack, it may be a good idea to speak with your lawyer. They may be able to set your expectations on how your compensation might be affected by your actions, if at all. Together, you can determine the best course of action.

Building a Strong Dog Bite Case in Florida

One of the best ways to encourage the opposing parties, whether it be the owner’s personal attorney or the insurance company, to settle is to have a strong case. Because fault is typically put on the owner, they usually want to avoid paying the costs of a court battle if they aren’t extremely confident that they will pay nothing. This can mean:

• Thorough documentation- This may include taking pictures of your injuries and keeping a record of psychological or medical evaluations or any expenses you have incurred due to your injuries. 
• Diligent record keeping- This may mean medical records, as mentioned above, or keeping a record of things like the dog’s vet records if you have access, the police report, or the animal control report. 
• Fast action to secure legal representation- The faster you are able to secure representation, the sooner you can act to collect and protect evidence, and the faster you will receive guidance on the next steps.

The importance of medical evaluation highlights one of the biggest concerns with a dog bite- infection. Even if you are not overly concerned with injuries, they should be evaluated by a medical professional. In addition, the doctor may choose to give prophylactic treatment for some diseases like tetanus or rabies depending on your and the dog’s vaccination status. 

Witnesses Statements in Your Dog Bite Case

Unfortunately, most dog bites don’t have many external witnesses to the attack itself. However, many people may have a history with the animal or previous concerns. They may also have heard about the attack, which can still provide valuable support to your case as circumstantial evidence. You can speak with an attorney to see if these would add value to your case. 

Settling Your Florida Dog Bite Case

There are many factors in a dog bite case that can affect the overall integrity of the case and if it is likely to settle out of court. This depends on what your goals are and your willingness to accept an offer since most cases will at least attempt to negotiate a settlement before going to trial. Taking a case to court can mean the situation lasts a year or more, and every bit of that time costs both parties money, frequently more than they would end up settling for anyway. 

No one can tell you at the beginning of the case what will ultimately happen. If you are hoping to settle outside of court, the odds are definitely in your favor, but the end result is something that you and your attorney can help decide based on the details of your case. Find a dog bite lawyer that you trust and let them guide you through the process. Contact the Schiller Kessler Group for a consultation today.