A dog bite can leave more than just physical wounds. Emotional trauma, permanent scarring, and steep medical bills often follow. In California, victims have considerable protection under the law, even if the dog has never shown signs of aggression. If a dog has injured you, this guide walks you through filing a dog bite personal injury claim.
When Is the Dog Owner Liable?
Under California law, dog owners are strictly liable if their dog bites someone in public or on private property where the person is lawfully present—even if the dog has never bitten before or shown signs of aggression. Exceptions include trespassing, police or military dogs, or bites after serious provocation. Still, many victims ask, “Can I claim compensation for a dog bite?”—and in most cases, the answer is yes, mainly if the bite occurred due to the owner’s negligence and resulted in medical treatment, emotional distress, or lost wages.
Strict liability applies only to bites. If you were injured another way, like being knocked down, your lawyer may pursue a claim based on the owner’s proven negligence in controlling the dog instead. Homeowners and even landlords may be held liable, especially if they knew a dangerous dog was on the property and did nothing to keep visitors safe.
Local law violations, like leash ordinance breaches, can further support your case. If the dog wasn’t properly restrained in a public or residential area, the owner may face added legal consequences.
These laws are in place to protect victims and hold owners accountable for the harm their pets cause, regardless of the dog’s history.
Filing a Personal Injury Claim for a Dog Bite
Start with medical care—dog bites can lead to infections, nerve damage, cellulitis, or even rabies. Prompt treatment protects your health and creates crucial documentation for your claim.
Next, report the bite to Orange County Animal Control, as California law requires. This report supports your case and may trigger rabies testing. Gather the dog owner’s name, contact info, and details from any witnesses.
Photograph your injuries, the scene, and any signs of careless control of the dog (like an open gate or no leash). Begin documenting everything, including:
- ER visits and treatment plans
- Follow-up care
- Missed work
- Emotional distress or pain journals
Finally, consult a personal injury lawyer experienced in dog bite claims. California’s strict liability law favors victims, but owners and insurers often deny fault. A lawyer can protect your rights and build a strong claim for you.
What Compensation Can You Claim?
By filing a dog bite personal injury claim, you can seek and maximize compensation for your losses. This may include money for:
Medical Costs
Emergency room visits, stitches, surgery, antibiotics, rabies shots, and long-term care all add up quickly. Keep every bill and record from your providers. Even expenses for treating an infection after dog bite exposure should be included.
Lost Wages
Many victims miss time from work while recovering. You can claim those lost wages and any reduced earning potential if your injury leads to long-term consequences.
Emotional and Psychological Effects
Bites often leave more than physical scars. Many people experience anxiety, PTSD, or phobias after a dog attack. Emotional trauma from a dog attack is prevalent in children. If you need counseling or therapy, document those appointments and costs.
Permanent Scars and Disfigurement
Visible scars, especially on the face or hands, can profoundly impact your confidence and quality of life. You may need plastic surgery or scar treatment in the future. Talk to your doctor about prognosis and possible future procedures, and save written estimates.
Property-Related Losses
If your glasses, phone, or clothing were damaged during the incident, you may also seek compensation for their repair or replacement. Save receipts or take photos if the items were destroyed.
In many cases, the dog owner’s homeowners insurance policy will cover the dog bite insurance claim. But it’s rarely that simple. Insurers may try to downplay your injuries or deny coverage altogether. Having a legal advocate who understands how to document and negotiate is key. A well-prepared personal injury insurance claim can make all the difference in securing fair compensation.
How to Strengthen Your Dog Bite Claim
The success of a dog bite personal injury claim depends on solid evidence and documentation. Here are a few critical steps:
- Request the Animal Control Report: Confirm that the bite was officially recorded. This report helps establish the date, location, and other facts. It may also identify whether the dog has a bite history or was designated dangerous.
- Track Your Recovery: Maintain a detailed log of pain levels, mobility issues, emotional health, and your healing timeline. This type of documentation supports claims related to quality-of-life impacts.
- Get a Copy of the Dog’s Vaccination Records: These may be included in the animal control report. If not, your attorney may subpoena them. If the dog is not vaccinated for rabies, this raises more serious concerns.
- Be Careful with Insurance Companies: Don’t give a recorded statement or accept a settlement before speaking to a lawyer. Insurers want to close cases quickly and for the least amount.
- Consult a Personal Injury Attorney: An experienced lawyer will document your claim correctly and can handle communication with insurers. They’ll also calculate future losses, like ongoing therapy, surgery, or reduced earning ability.
What to Know If a Child Was Bitten
Children are especially vulnerable to dog bites. They’re more likely to be bitten in the face or neck, which often leads to more serious injuries. In these cases, claims often include:
- Ongoing counseling
- Long-term cosmetic surgical care
- Developmental setbacks
- Parental work loss while caring for the child
Don’t delay filing. You generally have two years to file a dog bite lawsuit in California. But when a child is the victim, that clock doesn’t start until the child turns 18. Still, evidence becomes harder to collect over time. The sooner you act, the stronger your case will be.
Speak with a Dog Bite Lawyer in Huntington Beach Today
If a dog hurts you or your child, you deserve support, guidance, and a clear plan. Let the California dog bite lawyers of DJA Injury Attorneys help you pursue the compensation you need to move forward.
Our team handles everything from dog bite documentation and emotional trauma claims to negotiating directly with insurance providers. Whether you were bitten at the beach, at a neighbor’s house, or on a public sidewalk, we’re here to help you.
Call (949) 229-7228 today or complete our contact form to schedule a free consultation.