Dog bite personal injury claims often involve complex legal issues and heated emotions. As a victim, you’re in pain, possibly permanently scarred, and are ready to be done with the matter. The dog’s owner, on the other hand, may try to delay litigation, especially if they’re worried that they may have to surrender their dog. One of our client’s most common questions is, “How long do dog bite settlements take?”
While the exact timeline for your case is unique to the situation, in general, it can take about a year to settle the claim, from the initial free consultation with our Denver dog bite lawyer to receiving the settlement check. Several factors affect the timeline of your claim, including whether your case goes to trial.
Factors affecting the length of time it takes to settle dog bite claims
You deserve swift justice after a dog attack, but you also deserve fair justice, which may take more time. Some dog bite cases may take longer because the facts are contested, while others take longer due to more mundane issues, like court schedules and a plaintiff’s maximum medical improvement expectations.
Your attorney can explain how each of these factors may impact your claim.
Severity of injuries
Plaintiffs in dog bite claims are entitled to compensation for all necessary medical care. If it takes several months for the victim to recover, such as requiring surgery and extensive physical therapy, then their lawyer may wait to file them claim until the doctors believe that no additional treatment will provide further improvement.
Once that happens, the plaintiff’s medical bills can be accurately valued. Non-economic damages are based on the value of the plaintiff’s economic damages, so it’s best to have a firm idea of the extent of the economic damages before valuing the whole claim.
Amount and quality of evidence
Some cases have more useful evidence than others. If your dog attack was in front of witnesses, especially if it was caught on video, and the dog had a history of biting or violent behavior, there is plenty of evidence of the owner’s liability. However, if you were alone when bitten and have no evidence aside from your medical records, then it’s easier for the other side to contest your claim that the dog attacked you.
Some cases take longer to investigate than others. Personal injury claims require proof that the defendant was negligent, and the case-building process can take longer in cases with scant evidence.
Case preparation
Each side is entitled to adequate time to prepare, including responding to motions filed by the other side, time for investigation, and an appropriate discovery period, in which both sides exchange evidence and other information (like a dog’s bite history).
Some cases simply take longer to prepare than others due to other case-building factors, like consulting with expert witnesses. Your lawyer may have a medical expert review your medical records and examine you to help draw the connection between your injuries and the dog attack or to affirm the ongoing medical care you require.
Stalled settlement negotiations
If the facts of the case are in dispute (as they often are in dog bite cases), it can take longer to settle the case out of court. In cases with little material evidence, the dog owner’s insurance company may decide to take their chances at trial, especially if your claim is high-value.
Other times, liability may be clear, but the value of the claim may be disputed. If your non-economic damages are high, the insurance company may try to negotiate a lower settlement amount for your pain and suffering and emotional trauma.
Court caseloads
If your jurisdiction’s civil courts have a heavy caseload, it may take longer to get scheduled for pre-trial motions and set a trial date. If the case goes to trial, you may have to wait months for the court to have a trial date available.
Disputed liability
There may be some disagreement about which party is at fault for the attack. The dog’s owner may claim that you provoked the animal to the point of violence, while you argue that the owner didn’t properly control the dog and that, therefore, the owner is liable for the injuries their dog caused.
When liability is disputed, settlement negotiations may be ineffective in resolving the case. In these situations, the matter often goes to trial.
Legal help for dog bite victims
If a dog has attacked you, whether you think you accidentally provoked it or not, you have the right to claim full and fair compensation from the owner for the harm you suffered. The attorneys at Zara Injury Law can help you understand your rights and work to achieve swift justice in the matter. Contact us at (866) 823-8288 for a free consultation.