A dog bite settlement can take a few weeks to several years. The time period varies significantly due to the nature and circumstances of each case. It is essential to know the length of time a dog bite case can last and the various aspects that can prolong the settlement of the case so that you can strategize and manage your expectations accordingly. Here is how long does it take for a dog bite settlement. Let’s find out!
Aspects Which Influence The Tedious Settlements Of Dog Bite Claims
There are some aspects that influence the length of time it takes to reach a dog bite settlement. Each state has a different law. Some states follow strict liability rules, while others follow a more lenient yet lengthy “one bite” rule.
However, there are some general aspects that affect the settlement duration irrespective of the laws being followed. Let’s discuss these general points first:
- Severity of the Injury: Injuries of higher degrees often take longer to reach a settlement due to medical care and recovery processes.
- Medical Treatment Duration: A settlement involving any form of surgical treatment will not occur until all necessary medical requirements are adequately assessed.
- Liability Disputes: Where the dog owner denies liability or there are any insurance related issues, such resolutions could stretch the time taken to get a settlement.
- Insurance Company Processes: The delay in a settlement could also be due to the insurance provider’s requirement for an in-depth examination concerning the event and estimated claims.
- State Laws and Legal Procedures: The length of the process may also be altered depending on the state and the laws and legal procedures applicable in that geographical location.
If you wish to learn more about the suing process and if you can sue a dog bite, click here for a detailed explanation.
1. One Bite Rule
Under the one bite rule, a dog owner is usually only responsible for injury inflicted by their dog as long as there was some previous warning or tendencies of aggression in the dog. This means that if a dog has never bitten anyone, its owner can be assumed to be free from liability for the first incident of attack.
Legal Procedure:
- Burden of Proof: The plaintiff bears the responsibility of proving the dog owner’s prior knowledge of the dog’s aggressive tendency, which involves providing evidence, witnesses, and expert opinions.
- Lengthy Investigations: One bite rule usually requires longer investigations and or court proceedings since it is sometimes difficult to prove knowledge was or is possessed.
- Defensive Arguments: Probably the most effective argument that a dog owner will advance is the absence of a history of aggression; thus, it may take time to resolve certain litigation.
2. Strict Liability
Under strict liability states, the owner is bound to compensate for the damages caused by the dog, no matter how well-behaved the dog was or what the owner knew of its temperament.
Legal Procedure:
- Easier Claims: All that is required is to know the occurrence of the attack on the plaintiff and the identity of the dog owner, and there is no need to show prior knowledge of the aggression.
- Faster Resolutions: This may result in a quick resolution or settlement simply because the legal issues are not complex concerns about the dog and its past but the injury sustained in the incident.
Would It Be Wise To Settle The Case Out Of The Court?
Usually, it is faster and less costly to settle the issue by reaching a mutual agreement rather than to sue the dog owner. On the other hand, it might be sensible to take the case to court if the settlement figure offered by the insurance company is insufficient.
Typical Timeline For Settlement In A Dog Bite Case
Usually, the time frame can take a few weeks to several years, mainly because of the court schedules and the appeals processes. The average timeline is usually 15 months but it can vary significantly. The timeline for a dog bite compensation settlement can generally be considered as having various stages:
1. Preliminary Assessment (1–3 Months)
- Case Review: Sources of information necessary to build the case include witnesses, medical professionals, and sometimes experts in a relevant field.
- Initiation of Claim: After the initial assessment, your attorney will typically submit the claim to the dog owner’s insurance company.
- Insurance Company Reaction: The insurance representative assesses the case and decides whether to pay, deny, or counter with an offer.
2. Medical Treatment and Recovery (Varies)
- Treatment Period: Negotiation settlements normally begin after the injured person has fully undergone treatment, as this presents an estimated figure in terms of the total amount used in the treatment.
- Maximum Medical Improvement (MMI): MMI is when an individual reaches a point where they will be as healthy as they will ever be. This helps finalize all the medical expenses to be paid by the defendant as there is no longer any need to get medical treatment.
3. The Negotiation Stage (1 – 3 Months)
- Demand Letter: After the medical treatment is over, it is usual for the client’s lawyer to issue a demand letter specifying demands for the insurance company to address.
- Settlement Discussions: The insurance company might suggest a figure lower than the one claimed, which initiates many back-and-forth discussions.
- Acceptance or Rejection of Offer: If both sides reach an agreement on a fair settlement figure, this is the end of the case. If not, then it may go up to a litigation phase.
4. Litigation (6–18 Months)
- Filing a Lawsuit: If the negotiations get out of control, a lawsuit may be filed, which adds considerable time to the equation.
- Discovery and Depositions: Both counselors tend to extract more evidence, which often takes a considerable amount of time, especially with the presence of expert witnesses.
- Trial Preparation and Court Proceedings: If all else fails and the matter goes to court, the ongoing demands of the court and legal procedures will only add to the time scale.
Is There A Way To Expedite The Process Of Settling The Case?
A competent lawyer can save time as they can negotiate the various terms and know the ins and outs of the case. However, the recovery time, treatment time, and legal procedures will still matter greatly.
Reasons Which May Delay The Reach Of The Settlement
Here are some other factors delaying the expected resolution of the compensation for the dog bite attack:
- Involvement Of Complex Medical Procedures Or Longer Periods Of Healing
- Liabilities And Proving Them – Not Easy
- Standoffishness In Negotiations
- General Over Crowding At The Courts With Constraints On Time Issues
Conclusion
Some dog bite claims can be paid within a few months. Some can take a few years to settle. To know how long does it take for a dog bite settlement highly depends on the situation and conditions involving the incident. However, in most cases where there is contact with a lawyer, evidence of treatment is provided, and there is a willingness to negotiate, the settlement is often reached quicker.
We hope this article answers all of your questions. If your dog was bitten by another dog during a dog attack and you want to sue the other party, click here to learn more about can you sue someone if their dog attacks your dog.