Pursuing a dog bite claim can feel uniquely uncomfortable, since it often means making a claim against a neighbor, a friend, or someone else you know, rather than a stranger’s insurance company. Understanding the actual steps involved, and who the claim is really against, makes the process feel less personal and more like the structured legal process it actually is.
Step 1: Immediate documentation
Photograph the injury, the location, and if possible, the dog. Get medical treatment and keep every record. Get the dog owner’s contact and, if possible, insurance information, and identify any witnesses. This early documentation becomes the foundation the entire claim is built on.
Step 2: Understanding who the claim is actually against
This is the detail that eases a lot of the discomfort: in the large majority of dog bite cases, the claim is made against the dog owner’s homeowners or renters insurance policy, not against the person directly out of pocket. You’re pursuing a claim against an insurance policy the homeowner already pays for specifically to cover situations like this, not draining a neighbor’s personal savings.
Step 3: The demand to the insurance company
Once your injuries and treatment are documented, your attorney sends a demand to the homeowner’s or renter’s insurance carrier, laying out what happened, your injuries, and a settlement demand. Many dog bite claims resolve at this stage without ever proceeding further.
Step 4: Negotiation
If the insurer’s initial response doesn’t reflect a fair value, negotiation continues, similar to how negotiation works in any injury claim, covered in our general legal process guide.
Step 5: Filing a lawsuit, if needed
If negotiation doesn’t reach a fair resolution, or if the insurer disputes coverage or liability, the next step is filing a lawsuit, naming the dog owner as the defendant, though it’s the insurance policy, not personal assets, that’s typically the practical source of any recovery.
Step 6: Discovery
Once a lawsuit is filed, both sides exchange information: the dog’s history (any prior bites or complaints), the circumstances of the incident, veterinary records, and your medical documentation. This is also where any dispute over the dog owner’s knowledge of the dog’s tendencies gets developed.
Step 7: Depositions
Sworn testimony from you, the dog owner, and any witnesses to the incident. If there’s a dispute about whether the owner knew the dog had aggressive tendencies, this often becomes a central focus of the depositions.
Step 8: Settlement talks or mediation
As in most injury cases, a significant share of filed dog bite lawsuits still resolve through negotiation or mediation once discovery is complete, rather than proceeding to trial.
Step 9: Trial, if necessary
Uncommon, but possible, particularly when liability is genuinely disputed, whether the owner knew about the dog’s dangerous tendencies, for example, or when the insurer won’t offer reasonable value for serious injuries.
A hypothetical illustration (not an actual case)
Consider a hypothetical case involving a bite from a neighbor’s dog during a delivery, resulting in a laceration requiring stitches and follow-up wound care. Investigation reveals the dog had a prior documented complaint with the local animal control office. A demand is sent to the homeowner’s insurance carrier, which initially disputes the claim’s value. After several weeks of negotiation referencing the dog’s prior history, the case settles without a lawsuit being filed. Total time from incident to settlement: approximately four months. This is a hypothetical example only, not an actual case handled by this firm, and outcomes and timelines vary significantly based on the specific facts of each case.
Why the dog’s history matters so much
Evidence that an owner knew or should have known about a dog’s aggressive tendencies, prior bites, complaints, or aggressive behavior, is often central to how a dog bite claim is valued and negotiated, which is part of why thorough early investigation matters.
Talk to us
Pisanchyn Law Firm handles Pennsylvania dog bite claims with the discretion this situation often calls for, and we don’t charge a fee unless we win. Call 1-800-444-5309 for a free case review.
Frequently Asked Questions
Am I suing my neighbor personally if I file a dog bite claim? In most cases, the claim is pursued against the dog owner’s homeowners or renters insurance policy, not the person’s personal assets directly, since that insurance exists specifically to cover situations like this.
What if the dog has never bitten anyone before? It can still support a claim; the specific facts of the case and Pennsylvania law both factor into what’s required, which is exactly the kind of question worth a free case review.
Do most dog bite claims go to trial? No, most resolve through negotiation with the insurance company, with or without a lawsuit being filed, similar to most personal injury claims generally.
What should I do immediately after a dog bite? Get medical treatment, document the injury and scene with photos, get the owner’s contact and insurance information if possible, and identify any witnesses.
