Do I Need a Lawyer for a Dog Bite?

Answer 6 quick questions to get personalized guidance for your California case

Question 1 of 6

How serious were your injuries?

Severe - hospitalization, surgery, nerve damage, scarring
Moderate - ER visit, stitches, possible infection
Minor - urgent care or doctor visit, antibiotics
Very minor - home treatment only

Question 2 of 6

What are your total medical bills so far?

Over $10,000
$2,500 - $10,000
$500 - $2,500
Under $500

Question 3 of 6

Do you know who owns the dog?

Yes - and they likely have homeowners/renters insurance
Yes - but unsure about insurance
Yes - but they probably have no insurance or assets
No - can't identify the owner

Question 4 of 6

Where did the bite occur?

Public place (park, sidewalk, store)
On the dog owner's property (I was lawfully there)
On my property or a friend's property
I may have been trespassing

Question 5 of 6

Will you have permanent scarring or ongoing effects?

Yes - visible scarring, nerve damage, or disability
Possibly - still healing, unsure of final outcome
No - expect full recovery

Question 6 of 6

Has the dog owner or their insurance offered to pay?

Yes - but offer seems too low
No - they deny responsibility
Insurance claim pending
Yes - they're being cooperative
Haven't contacted them yet

You Can Likely Handle This Yourself

California's strict liability law makes dog bite claims straightforward. For smaller claims, you can negotiate directly or use Small Claims Court.

Recommended DIY Steps:

  • Document everything - photos, medical records, bills, receipts
  • File claim with owner's homeowners/renters insurance
  • Send demand letter with itemized damages
  • Report to Animal Control (creates official record)
  • Consider Small Claims Court if under $12,500

You Should Consult a Personal Injury Attorney

Your injuries are significant enough that an attorney can maximize your recovery and handle insurance company tactics.

Why You Need an Attorney:

  • Insurance companies often lowball unrepresented victims
  • Attorneys know how to value scarring and future damages
  • Contingency fee = no upfront cost (typically 33%)
  • Can recover for pain, suffering, emotional distress
  • Handle all negotiations and paperwork for you
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Get a Consultation First

Your case is in the middle range. A consultation will help you decide if an attorney is worth it.

Recommended Approach:

  • Get 1-2 consultations from PI attorneys (most work on contingency)
  • Calculate your total damages (medical bills x 2-3 for pain/suffering)
  • If settlement offer minus attorney fee > DIY amount, hire one
  • Report to Animal Control regardless
  • Start demand letter process while evaluating

Understanding Dog Bite Law in California

California Civil Code 3342 makes dog owners strictly liable for bite injuries. This means you don't have to prove the owner was negligent or knew the dog was dangerous - if their dog bit you while you were lawfully present, they're liable.

California's Strict Liability Advantage

Unlike "one bite rule" states, California doesn't require you to prove the owner knew the dog was dangerous. The owner is liable regardless of the dog's history. This makes California dog bite cases easier to prove than in many other states.

What Damages Can You Recover?

Damage TypeExamples
Medical ExpensesER, surgery, medications, physical therapy, future treatment
Lost WagesTime off work, reduced earning capacity
Pain and SufferingPhysical pain, emotional distress, PTSD, anxiety around dogs
Scarring/DisfigurementPermanent scars, especially facial
Property DamageTorn clothing, damaged items

DIY vs. Attorney: The Math

Simple formula to decide:

Example: $10,000 in medical bills with scarring. Insurance offers you $12,000. Attorney gets $25,000 settlement, takes 33% ($8,250). You net $16,750 - more than the $12,000 DIY offer.

⚠ Statute of Limitations

You have 2 years from the date of the bite to file a lawsuit in California. Don't wait - evidence fades and witnesses forget.

What to Do Right After a Dog Bite

  1. Seek medical attention immediately (even for minor bites - infection risk)
  2. Report to Animal Control (creates official record)
  3. Get owner's information, including insurance
  4. Take photos of injuries immediately and as they heal
  5. Get witness contact information
  6. Keep all medical records and bills

Related Resources

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