Insurance company State Farm ranks California first for dog bite claims in 2022. With 403 claims, California had the most claims paid of any state for the insurance company in 2022.
Plus, the state ranks first for the total amount paid, with the insurance company paying out $32.2 million in California alone.
What Is an Average Dog Bite Settlement in California?
The average dog bite settlement in California was $79,000 in 2022. The number is based on $32.2 million paid over 403 claims.
Because it’s an average, some people will receive more than that amount while others less.
There may be claims that are worth exceptionally high or low amounts that significantly affect the average.
Understanding Dog Bite Settlements in California
Dog bite settlements in California are paid to people who are hurt because of a dog bite. These claims are often paid through insurance. Homeowners insurance may cover personal liability and medical payments for injuries on the property.
A dog bite settlement compensates the injured party for the harm resulting from the dog bite. Of course, this will vary from person to person. Some people will have significant injuries and expenses, while other cases are minor.
Will I get more or less than the average dog bite settlement in California?
Even though it’s possible to calculate the average dog bite settlement in California, each case is valued individually. The amount you receive will depend on several factors.
Factors That Influence the Value of a Dog Bite Settlement
Expenses
Any dog bite that is serious enough to require medical attention will result in economic loss. The person will have medical bills and may have lost income from missed work. These expenses can be totaled and included in a claim. If a person has serious injuries and will need medical care beyond settlement, the projected future expenses can be included in the claim.
Personal suffering, emotional distress
A dog bite is painful, and a person endures physical pain and emotional anguish when they suffer a dog bite. It is an unexpected, troubling, and often disruptive occurrence. The amount of personal suffering that a person has factored into the value of a dog bite settlement. The greater the pain and suffering, the larger the appropriate amount of compensation.
Disfigurement
Dog bites can be physically disfiguring. A person may suffer permanent scars, and some may be in a visible place, such as on the person’s face. Disfigurement may be compensated as a type of loss.
Impairment
Physical impairment from a dog bite may include the loss of use of a hand or fingers. A person may also suffer injury to the legs, face, and torso. Nerve damage may occur. Severe dog bites can cause long-term impairment, amputation, or paralysis. When impairment occurs, it can factor into the appropriate settlement amount.
Defenses
Generally, California dog owners are liable for dog bites. However, there may be several defenses. The defense may say that the victim provoked the dog. Causation may be another defense—that the dog bite was not the cause of injury. If true, these defenses can lessen the amount of liability or prevent the victim from receiving compensation.
Insurance to pay compensation
To receive compensation for a dog bite, the person must be able to collect their award. Usually, this means payment through a homeowners or personal liability insurance policy. A dog owner may also be responsible for paying compensation from personal assets if the amounts can be collected. An important way that a lawyer helps with a dog bite claim is by researching sources of compensation.
Advocacy, pursuing your settlement
Finally, how you pursue your case may impact the amount that you receive for a dog bite settlement in California. To receive compensation, you must prove your claim. You must present it to the insurance company. Knowing what your claim is worth, you can evaluate whether to accept a settlement or continue to pursue your case. You may have representation from a dog bite lawyer.
The Role of California’s Strict Liability Law in Dog Bite Cases
California’s dog bite law is favorable to victims. The law is called strict liability. That means, in general, if the bite happened, the dog owner is liable for it. To receive compensation, the victim must prove:
- The defendant owned or had control of the dog
- A dog bite occurred
- It caused injuries
- The victim has damaged and suffering as a result
If all these things are true, the defendant is strictly liable for the damage caused by the bite. The California dog bite law is Cal. Civ. Code § 3342.
However, the defense may raise several issues. They may say:
- The victim provoked the dog.
- Trespassing occurred. Note: Utility workers, postal workers, and delivery drivers don’t need special permission to be on the property for their work.
- The defendant wasn’t the owner or in control of the dog.
- Injuries happened in another way, or there was no bite.
- The settlement should be less than you are claiming.
Note: While assumption of the risk may be cited as a defense, ordinary tasks like patting a dog on the head, feeding it, or interacting with a dog that has been friendly on other occasions do not amount to assumption of the risk (Burden v. Globerson, 252 Cal. App.2d 468 (1967); Davis v. Gaschler, 11 Cal. App.4th 1392 (1992)).
How Insurance Companies Handle Dog Bite Claims
When you make a claim, the insurance company will assign a representative to handle it. The representative will review the policy and your evidence. The representative determines whether to extend a settlement offer and what amount to offer. It may be appropriate to file a formal claim, send a demand letter, or take other steps to negotiate your settlement.
Contact an Experienced San Bernardino Dog Bite Lawyer
While there is an average settlement for dog bite cases in California, you need to know what to expect to receive in your case. Talk to an experienced San Bernardino dog bite lawyer. At LA Century Law, we represent dog bite victims in compensation claims. We represent adults and children. Contact us now.