Negotiating a Settlement After a Dog Bite

How a Lawyer Strengthens a Claim

Dog bites can lead to serious physical and emotional harm. Filing a claim for damages is often necessary to receive compensation for medical bills, lost wages, and other related losses. However, negotiating a settlement after a dog bite can be complex.

A lawyer’s guidance can make a significant difference in achieving a resolution that accounts for the full extent of your damages. At Berry Law, our dog bite attorneys are skilled negotiators who are familiar with insurance company practices around these types of claims in Nebraska and Iowa.

Our trial lawyers will advocate for the maximum compensation, and we are prepared to go to court if we cannot secure a reasonable settlement.

How Do Dog Bite Injuries Happen?

Dog bite injuries occur in a variety of settings and for numerous reasons. Many bites happen when dogs feel threatened or startled, even by unintentional actions. For example, a dog may react aggressively if approached while eating or sleeping. Dogs that are not properly socialized or trained may also exhibit unpredictable behavior, especially around unfamiliar people.

Children are particularly vulnerable to dog bites, as their small size and sudden movements can trigger a dog’s natural defensive instincts. Additionally, bites often occur in situations where the dog is off-leash or inadequately restrained, highlighting the owner’s responsibility to prevent such incidents.

Understanding the context of how the injury occurred is essential for building a strong legal claim. Lawyers investigate the circumstances surrounding the bite to identify whether negligence, such as failure to control the dog, contributed to the incident.

Liability in Dog Bite Cases

Nebraska and Iowa have specific laws governing dog bite claims. Both states hold dog owners strictly liable in many cases. Under Nebraska law, owners are generally responsible for damages if their dog injures someone, regardless of the dog’s past behavior. Iowa’s laws are similar, placing liability on the owner unless the injured person provoked the dog or was trespassing.

Proving liability involves gathering evidence to show the dog owner’s responsibility. This may include the following:

• Testimony from witnesses who saw the attack
• Photographs or videos of injuries or the scene of the incident
• Medical records documenting the harm caused by the bite
• Proof of ownership, such as registration or vet records

A lawyer’s ability to compile and present this evidence strengthens the claim and creates a clearer path toward securing compensation.

What Types of Injuries May Result from a Dog Attack?

Dog attacks can cause a range of injuries, from minor to severe, depending on the circumstances. Common physical injuries include puncture wounds, lacerations, and bruises, which may require stitches or other medical treatment. In more severe cases, victims may suffer nerve damage, fractures, or torn muscles, particularly if the dog is large or aggressive.

Infections are another significant concern. Bacteria from the dog’s mouth can lead to complications such as cellulitis, sepsis, or even rabies in rare cases. Proper medical care is essential to prevent these conditions from worsening.

Psychological effects are also common after a dog attack. Many individuals experience anxiety, post-traumatic stress disorder (PTSD), or fear of dogs, which can affect their quality of life. Scarring or disfigurement resulting from bites can further contribute to emotional distress and long-term challenges.

A lawyer who understands the full scope of injuries—both physical and emotional—is crucial for building a strong legal claim that reflects all damages.

Calculating the Full Scope of Damages

Determining the value of a dog bite claim requires a detailed analysis of damages. A lawyer examines all potential losses, which often extend beyond immediate medical bills. Common damages include the following:

• Medical Expenses: Costs for emergency care, follow-up visits, surgeries, medications, and physical therapy.
• Lost Wages: Income lost due to missed work while recovering from injuries.
• Future Expenses: Anticipated costs for long-term medical treatment or reduced earning capacity if injuries result in permanent limitations.
• Non-Economic Damages: Pain, suffering, and emotional distress caused by the attack.

Non-economic damages are often complex to calculate. Lawyers may rely on evidence like psychological counseling records, testimonies from mental health professionals, and personal accounts of how the injury has affected daily life. For example, if someone experiences ongoing anxiety around dogs or develops a fear of outdoor activities, these effects may increase the claim’s value.

Experienced lawyers recognize less obvious damages, such as scars or disfigurement, that may affect quality of life or employability. Their skill in identifying and quantifying these damages ensures nothing is overlooked.

An attorney may also use methods such as the multiplier approach, where economic damages are multiplied by a factor reflecting the severity of the non-economic impact. This ensures the settlement reflects both tangible and intangible losses.

Unique Challenges of Negotiating a Settlement After a Dog Bite

Negotiating a settlement after a dog bite often involves addressing challenges unique to these cases. One common hurdle is the emotional nature of dog bite incidents. Dog owners may be reluctant to admit responsibility, especially if the dog is a beloved pet. Lawyers must handle these situations tactfully while building a strong case for liability.

Another challenge arises when the injuries are not immediately apparent. Some dog bites result in infections or long-term complications that take time to manifest. A lawyer’s understanding of medical evidence and potential future damages ensures that these issues are factored in during negotiations.

Additionally, disputes may occur over the actions leading to the bite. The opposing side might argue that the injured person provoked the dog or was trespassing. A lawyer’s ability to refute these claims with clear evidence is critical to protecting the claim’s value.

Finally, negotiations can become complicated if multiple parties are involved. For example, if a landlord or property owner shares liability with the dog owner, determining the appropriate contributions from each party requires careful legal analysis. Lawyers navigate these complexities to ensure that all responsible parties are held accountable.

Steps in Negotiating a Dog Bite Settlement

The process of negotiating a dog bite settlement involves several key steps. While many claims are resolved through negotiation, having a lawyer prepared to take the case to court strengthens the injured party’s position.

• Initial Investigation: The lawyer gathers evidence, interviews witnesses, and reviews medical records to build a strong foundation for the claim.
• Demand Letter: A formal demand letter is sent to the responsible party or their insurer, outlining the claim’s value and evidence supporting it.
• Negotiation: The lawyer negotiates with the opposing party to reach a settlement that accounts for all damages. This phase often involves counteroffers and additional evidence to support the claim.
• Filing a Lawsuit: If negotiations fail, the lawyer files a personal injury lawsuit to pursue compensation through the courts.
• Trial Preparation: Even if a case is settled before trial, the lawyer’s readiness to litigate demonstrates to the insurer that they are serious about pursuing the claim.

Insurers are more likely to offer fair settlements when they know the lawyer is prepared to go to court. Trial preparation demonstrates a commitment to achieving the best possible outcome, whether through negotiation or litigation.

How Does Where a Dog Bite Happens Affect a Claim?

Where a dog bite occurs can significantly impact liability and the outcome of a claim. The location of the attack—whether in a public park, private property, someone’s home, or a business like a veterinary clinic—often determines who may be held responsible for the injuries.

If the bite happens on private property, the property owner’s duty to ensure safety becomes a critical factor. For example, if the injured person was lawfully present, such as through an invitation or implied consent, the property owner and the dog owner may share liability for failing to control the dog.

In public spaces, such as parks or sidewalks, dog owners are generally responsible for ensuring their pets are restrained and behave safely around others. Failure to leash a dog or prevent it from roaming freely can be grounds for negligence.

In a business setting, such as a veterinary clinic or pet grooming facility, liability may extend to the business if their practices contributed to the dog bite. This could include mishandling the animal or failing to maintain a safe environment for visitors.

Lawyers carefully evaluate the circumstances and location of a dog bite incident to determine which parties may be held accountable.

Defending Against Allegations of Provocation or Trespassing

Dog owners or their legal representatives may argue that the injured party provoked the dog or was trespassing at the time of the incident. These defenses can reduce or eliminate liability in both Nebraska and Iowa.

Lawyers use specific strategies to counter these claims, such as gathering surveillance footage or expert analysis that the injured person acted responsibly. Other evidence, such as property records or witness statements, may be used to show the injured person’s actions were reasonable and did not provoke the dog and challenge inaccurate or unfounded allegations made by the dog owner.

In cases of alleged trespassing, lawyers can provide evidence showing the person had lawful access to the area, such as an invitation or implied consent from the property owner. This will demonstrate that the person was lawfully present on the property when the bite occurred.

These strategies help reinforce the claim and prevent unfounded defenses from undermining the case. By addressing these arguments early, a lawyer can protect the integrity of the claim and help ensure the injured party receives the compensation they deserve.

Negotiating with Insurance Companies

While dog bite cases often involve insurance companies, negotiating a settlement is rarely straightforward. Lawyers manage the timeline of negotiations effectively, preventing unnecessary delays and ensuring the process stays on track. Insurers may attempt to minimize payouts or dispute the extent of damages.

A lawyer’s role includes the following:

• Presenting a well-documented case that supports the value of the claim
• Communicating directly with adjusters to advocate for fair compensation
• Countering low settlement offers with evidence-backed demands
• Preparing for litigation if negotiations stall or fail

Lawyers’ negotiation skills and understanding of applicable laws enable them to navigate this process more effectively than someone without legal representation.

How a Lawyer Builds a Strong Claim

From the moment a lawyer takes on a dog bite case, they focus on building a solid foundation for negotiation. Key steps include the following:

• Investigating the Incident: Collecting evidence, interviewing witnesses, and reviewing relevant documentation
• Working with Experts: Consulting medical professionals, animal behaviorists, or other specialists to strengthen the claim
• Documenting Damages: Keeping detailed records of all medical treatments, wage losses, and other expenses
• Filing the Claim: Preparing and submitting a comprehensive claim to the appropriate parties
• Negotiating the Settlement: Using evidence and legal arguments to push for a resolution that accounts for all damages

Statutes of Limitations in Nebraska and Iowa

Nebraska and Iowa impose time limits for filing dog bite claims. In Nebraska, the statute of limitations is generally four years for personal injury claims. Iowa’s statute of limitations is two years.

Failure to file within these deadlines can prevent recovery. A lawyer ensures that all necessary filings are completed on time, preserving the injured party’s right to seek compensation.

Benefits of Legal Representation

Choosing to work with a lawyer offers several advantages:

• Legal Knowledge: Lawyers understand how to interpret and apply state-specific laws to dog bite claims.
• Evidence Gathering: Lawyers know how to collect and organize the evidence needed to prove liability and damages.
• Claim Valuation: Lawyers’ experience helps ensure the claim reflects the full scope of losses.
• Negotiation Skills: Lawyers are skilled at advocating for appropriate compensation and rejecting inadequate offers.
• Preparation for Trial: If necessary, lawyers are ready to litigate the case in court.

Legal representation not only simplifies the process but also increases the likelihood of a favorable outcome.

Taking the Next Step: Contact Berry Law

Dog bite claims require careful attention to detail and a thorough understanding of state laws. The legal team at Berry Law provides dedicated support throughout the process, with offices in Omaha, Lincoln, and Council Bluffs to help clients seek compensation for their injuries. Whether through negotiation or litigation, Berry Law works to secure outcomes that reflect the full extent of a client’s damages.

Contact a personal injury lawyer at Berry Law today to learn more about how a dog bite claim can be handled with care and precision. Call our Omaha office at (402) 466-8444 or contact us online to schedule a free consultation with our legal team.