A dog bite accident can cause you to suffer a range of serious injuries. Some common injuries include puncture wounds, lacerations, fractures, and even nerve damage. These injuries often require incredibly expensive medical care. 

Additionally, if you sustain dog bite injuries, you may not be able to work while you recover, or you may even have permanent disabilities that lower your earning potential. 

A dog bite incident may also leave you with emotional damage. You could struggle with serious fear and post-traumatic stress disorder, or you may struggle mentally and emotionally if you are permanently disfigured. 

Because dog attacks can leave you with life-changing and costly afflictions, it’s important to file a claim against the dog’s owner. The money you recover from the owner or their insurer will compensate you for financial losses and pain and suffering. 

Generally, you have two years after the attack to file a claim in Indiana. To maximize compensation, you need to have documentation indicating that the owner’s dog caused your injuries. You’ll also have to provide evidence that you suffered damages. 

Here’s what you need to know about recovering compensation and maximizing your dog bite insurance claims settlement. 

Average Dog Bite Settlement Amounts

In 2022, the Insurance Information Institute found that the average dog bite settlement was $64,555 when victims filed against homeowners insurance policies. That said, the amount you can expect to recover will depend on many factors, and you shouldn’t assume that your case is worth around this sum. Your settlement amount will depend on your evidence, damages, and whether you were partially responsible for the accident. 

If you research how much you could expect to recover, you’ll likely come across online resources claiming to be able to calculate your settlement. These resources are not accurate. An online dog bite settlement calculator will not be able to consider the various nuances of your case to calculate the correct amount. Plus, dog bite laws vary from state to state, and these laws will impact your potential settlement. 

The best way to determine how much your case could be worth is by consulting with a dog bite attorney. Experienced attorneys have handled numerous dog bite cases. They’ll use their knowledge to estimate how much your case could be worth.

Indiana’s “One-Bite” Rule

One factor that may impact your settlement is Indiana’s one-bite rule. Essentially, this rule states that a dog owner isn’t liable for a dog bite injury if their pet has never displayed signs of aggression. If the dog had never bitten anyone or shown hostility, there was no way for the owner to know that the dog could cause harm. 

Even if you were bitten by a dog that falls under this category, you may still have a case. The dog owner is still liable if they could have prevented the attack. You should consult with a dog bite attorney to learn more about whether or not you have a case against the dog owner. 

Proving Your Claim 

You’ll need to provide plenty of evidence to maximize your compensation. Fortunately, most dog bite victims don’t need to prove that the dog owner was negligent. Instead, they must simply prove that the dog in question caused them harm and damage, and they must show that they were not at fault for their injuries.  

Insurance companies often argue that dog bite victims are partially or wholly liable for the damages they sustained. They do this to avoid paying insurance claims. The insurance company could claim that you provoked the dog, meaning you were partially liable. Bearing partial responsibility will reduce the amount of compensation you can recover, and you won’t be able to recover damages if you’re considered more than 50% liable. 

For this reason, you must gather evidence supporting your claim. Some forms of evidence include:

• Eyewitness testimony
• The police report
• Photos and videos of the attack or its aftermath
• Records showing the dog’s history of aggression

Providing Proof of Damages

In addition to providing evidence that the dog attacked you, you’ll need to show that you suffered damages as a direct result. You can draw a direct connection between the attack and your medical bills by receiving treatment as soon as possible after the incident. 

Your dog bite injuries may require emergency medical attention, so call 911 if the attack caused notable bodily harm. If your injuries are minor, you should still go to the hospital immediately after the incident. Otherwise, you may struggle to recover sufficient damages. The insurance company could argue that your delayed treatment indicates that your injuries aren’t serious. They may even claim that another event could have caused your injuries rather than the dog attack. 

You’ll also need to build your case by retaining evidence showing you suffered damages. 

Depending on your damages, this could include:

• All medical bills
• Doctor’s notes
• Expert medical testimony
• Prescription documentation
• A personal journal documenting how the attack impacted you mentally and emotionally
• Documentation showing that you missed work
• Testimony from family, friends, and co-workers
• Testimony from a counselor or another mental health professional 

Never Accept an Insurance Settlement Without Legal Representation

It’s common for insurance companies to offer dog bite victims settlements. They may contact you shortly after the attack to offer what sounds like a reasonable amount for your troubles. In reality, these settlements aim to provide you with the smallest compensation possible. The insurance company wants you to accept their first offer so that you can’t pursue more substantial damages. 

Further, the dog owner’s insurance company may contact you and ask for your first-hand account of events. They may also request to record the conversation. The insurer is attempting to gather evidence against you to devalue or deny your claim. Anything you say in this recorded account can be used against you and hurt your compensation.

Never speak to the dog owner’s insurance company without legal representation, and don’t accept an insurance company’s settlement offer without consulting with an experienced dog bite attorney. 

Contact an Indianapolis Dog Bite Attorney Today

The best way to ensure you get the most from your dog bite settlement is to work with a qualified attorney. Your dog bite attorney will help you gather evidence proving your claim, and they’ll negotiate your settlement on your behalf to maximize your compensation.

For dog bite lawyers in Indianapolis, contact Poynter & Bucheri Accident Recovery Attorneys at Law. You can get started today with a free, no-risk case review with our team. Schedule your case review now online or call 1-800-265-9881.