What an attorney does in a dog bite case
An attorney handles the parts of a dog bite claim that you cannot handle alone: negotiating with the dog owner's insurance company, gathering evidence the insurer will actually listen to, and representing you if the case goes to court. They know what documents insurers demand, what injuries are worth in your state, and when an insurer is lowballing you.
Most dog bite attorneys work on contingency, meaning they take a percentage of what you recover—usually 25 to 40 percent—and you pay nothing upfront. If you recover nothing, they recover nothing. This means they only take cases they believe will result in money.
An attorney's job is not to punish the dog owner or get the dog removed. That is animal control's role. An attorney's job is to get you paid for your medical bills, lost wages, pain, scarring, and other harms the bite caused.
Key Takeaways
- Most dog bite attorneys work on contingency, taking a percentage of your recovery instead of charging upfront fees.
- You should contact an attorney before the statute of limitations expires—this important date varies by state, typically between one and six years.
- An attorney can negotiate directly with the dog owner's homeowner's or renter's insurance, which is where most dog bite money comes from.
- You do not need an attorney for every dog bite, but you do if your injuries required hospitalization, surgery, or ongoing treatment, or if the dog owner denies responsibility.
When you should hire an attorney
Hire an attorney if your injuries were serious enough to require emergency care, stitches, surgery, or ongoing medical treatment. Serious bites often result in infection, nerve damage, or scarring that affects your appearance or function. These injuries have real dollar value, and an insurer will try to pay you less than they should.
You should also hire an attorney if the dog owner is denying the bite happened, denying their dog caused it, or claiming you provoked the dog. When liability is disputed, you need someone who knows how to prove it. Witness statements, medical records, animal control reports, and prior complaints about the dog all matter, and an attorney knows how to gather and present them.
If the dog owner has no insurance and no assets, an attorney can tell you that upfront. Some bites are not worth pursuing because there is no money to recover. An attorney will be honest about this before taking your case.
How to find and choose an attorney
Start by searching "dog bite attorney" plus your state or city. Most attorneys have websites that list their experience and whether they work on contingency. Call three to five firms and ask for a free consultation—this is standard in personal injury law.
During the consultation, ask: How many dog bite cases have you handled? What is your typical contingency percentage? Do you handle the case yourself or pass it to another lawyer? How long do cases usually take? What happens if we disagree on settling?
Choose someone with actual dog bite experience, not a general personal injury attorney who takes any case. Ask whether they have handled cases in your county or state—local attorneys know the judges, the insurance adjusters, and what similar injuries have been worth in your area.
What happens after you hire an attorney
Your attorney will send a demand letter to the dog owner's insurance company. This letter describes your injuries, your medical bills, your lost wages, and what you are asking for. The insurer will investigate—they may contact you, your doctor, witnesses, and animal control.
Most cases settle during this phase. The insurer makes an offer, your attorney negotiates, and you decide whether to accept. This usually takes two to six months, though it can be faster or slower depending on how quickly the insurer responds and how serious the injuries are.
If you and the insurer cannot agree, your attorney will file a lawsuit in civil court. This is rare—most insurers settle rather than go to trial—but it happens when the insurer's offer is far below what your case is worth. A lawsuit adds months or years to the timeline, but it also gives you leverage.
What you need to provide your attorney
Gather everything related to the bite: medical records from the emergency room or urgent care, bills from all providers, photos of the wound, a list of any time you missed work, and the names and contact information of anyone who saw the bite happen. If animal control responded, get a copy of that report. If the dog owner's insurance company contacted you, save those communications.
Write down what happened as soon as you can remember it—where you were, what the dog looked like, whether you knew the owner, what you were doing when the bite occurred. Your memory now is better than your memory six months from now.
Tell your attorney if you have homeowner's or renter's insurance of your own. Some policies cover dog bites you receive, and your attorney needs to know this to coordinate the claim.
Cost and what you actually pay
On contingency, you pay nothing unless you recover money. When you do recover, your attorney takes their percentage—typically 25 to 40 percent depending on the firm and whether the case settles or goes to trial. You also pay for costs: filing fees, informed witness fees, medical record requests, and court costs. These usually come out of your recovery as well.
Ask your attorney upfront what costs they expect and whether they advance these costs or bill you for them. Most advance costs and deduct them from your final recovery. Some require you to reimburse costs even if you lose, though this is less common.
If your case is worth very little—a few hundred dollars—an attorney may not take it because their contingency fee would be too small to justify the work. This is not a reflection on your injury; it is business math.
The statute of limitations: your important date
Every state has a important date to file a dog bite lawsuit, called the statute of limitations. This important date varies widely—some states allow one year, others allow three, four, or six years from the date of the bite. If you miss this important date, you lose the right to sue, and no attorney can help you.
Do not wait until the last month. Contact an attorney as soon as your injuries are clear enough that you know you need one. Even if you are still in treatment, an attorney can preserve your claim and investigate while memories are fresh.
If you are a minor when bitten, the important date usually does not start until you turn 18, but do not rely on this—ask an attorney in your state to confirm.
Frequently Asked Questions
Do I need an attorney if the dog owner's insurance company already offered me money?
Not necessarily, but have an attorney review the offer before you accept. Insurers often make low first offers, and an attorney can tell you whether it is fair for your injuries in your state. A 30-minute consultation is usually free and worth it.
What if the dog owner does not have insurance?
An attorney can still pursue the case against the owner personally, but recovery is harder. They will investigate whether the owner has assets—a house, a car, savings—that could be seized if you win. If there are no assets, the attorney may decline the case.
Can an attorney get the dog put down?
No. That is animal control's decision, based on the dog's history and behavior. An attorney handles money claims only. If you want the dog removed from your neighborhood, contact animal control or your local police department.
How long does a dog bite case usually take?
Most settle within two to six months. Cases that go to trial take one to three years. Your attorney can give you a better estimate once they know the severity of your injuries and how quickly the insurer responds.
What if I cannot afford an attorney?
Contingency means you do not pay upfront. If your case is strong and your injuries are serious enough, an attorney will take it. If no attorney will take your case, it usually means the injuries or liability are not strong enough to justify the work.