What a Charleston dog bite lawyer does for your claim
A dog bite lawyer in Charleston handles the insurance claim and any lawsuit that follows a dog bite injury. They negotiate with the dog owner's homeowner's or renter's insurance company, gather medical records and witness statements, and calculate what your injuries are actually worth—not just the medical bills, but lost wages, pain, and permanent scarring or nerve damage. If the insurance company refuses a fair settlement, they file a lawsuit in Charleston County Court and represent you through trial.
Most dog bite lawyers in Charleston work on contingency, which means they take a percentage of what you recover (usually 25 to 40 percent) and you pay nothing upfront. This matters because it means the lawyer only gets paid if you do, so they have a real reason to push for the highest settlement possible.
The lawyer's job is not to prove the dog owner was careless—South Carolina has a strict liability law for dog bites, which means the owner is liable whether or not they knew the dog was dangerous. The lawyer's job is to prove the extent of your injury and its cost to you.
Key Takeaways
- Charleston dog bite lawyers work on contingency, meaning you pay nothing upfront and they take a percentage only if you recover money.
- South Carolina law makes dog owners liable for bites regardless of whether they knew the dog was dangerous, so the lawyer focuses on proving your damages, not negligence.
- You should contact a lawyer within the first few weeks after a bite, before the insurance company contacts you, so the lawyer can guide your next steps.
- Medical records, photos of the wound, witness names and contact information, and the dog owner's insurance details are the documents a lawyer will need from you.
- Most Charleston dog bite cases settle without trial, but a lawyer prepares for court so the insurance company knows you are serious.
When to call a dog bite lawyer in Charleston
Call a lawyer within the first two to four weeks after the bite, before you speak to the dog owner's insurance company. Once you file a claim with the insurance company, they will assign an adjuster whose job is to pay as little as possible. If you have already spoken to them without a lawyer, you may have said something that limits what you can recover later.
You should also call a lawyer if the bite broke the skin, required stitches, caused infection, or left visible scarring. Even small bites can lead to serious infections or nerve damage that shows up weeks later. A lawyer can help you document these injuries and their cost before they become permanent.
If the dog owner is uninsured or if their insurance company denies the claim, a lawyer can still pursue the case—they may file a lawsuit against the owner directly or explore whether your own homeowner's or renter's insurance covers dog bite injuries (some policies do).
What information to gather before you call
Have these documents and details ready when you contact a lawyer: the dog owner's name, address, and phone number; the name and phone number of their homeowner's or renter's insurance company (if you know it); the date, time, and location of the bite; the names and phone numbers of anyone who saw it happen; and the name and address of the veterinary clinic or animal control office that documented the bite.
Photograph the bite wound the day it happens and again every few days as it heals, so you have a visual record of how serious it was. Keep all medical records, bills, and receipts related to treatment—emergency room visits, follow-up doctor appointments, antibiotics, bandages, and any therapy for nerve damage or psychological trauma from the attack.
Write down what happened in as much detail as you remember: what the dog looked like, whether it was on a leash, whether the owner was present, what you were doing when it happened, and what the owner said afterward. This account, written soon after the bite, is more credible than one you reconstruct months later.
How Charleston dog bite cases usually move forward
Once you hire a lawyer, they will send a demand letter to the dog owner's insurance company describing your injuries, the medical treatment you received, your lost wages, and the total amount you are seeking. The insurance company will investigate—they may request your medical records, contact your doctors, and review photos of the wound.
Most cases settle at this stage. The insurance company makes an offer, your lawyer negotiates, and you reach an agreement. This usually takes four to eight weeks. If the insurance company's offer is too low, your lawyer will file a lawsuit in Charleston County Court, and the case moves into the discovery phase, where both sides exchange documents and take statements from witnesses and the dog owner.
Settlement negotiations often continue during discovery. If no settlement is reached, the case goes to trial, where a judge or jury hears evidence about your injuries and decides how much the dog owner owes you. Most cases never reach trial—the threat of one is usually enough to push the insurance company toward a reasonable settlement.
What to expect from the contingency fee arrangement
Under a contingency agreement, your lawyer advances the costs of the case—filing fees, informed witness fees, medical record requests, and court costs—and you repay these costs from your settlement. The lawyer's percentage (typically 25 to 40 percent) is separate from these costs and is taken from what remains after costs are paid.
For example, if you settle for $10,000, the lawyer's costs might be $800, leaving $9,200. The lawyer then takes their percentage—say 33 percent—which is $3,036, leaving you with $6,164. Ask your lawyer upfront what percentage they charge and what costs they will advance, so you understand exactly how much you will receive.
If the case does not result in a recovery—for instance, if the dog owner has no insurance and no assets—you owe the lawyer nothing, but you may still owe the costs they advanced. Some lawyers will waive costs in this situation; others will not. Clarify this before you sign an agreement.
Finding a dog bite lawyer in Charleston
Start with the South Carolina Bar Association's lawyer referral service, which lists licensed attorneys in Charleston who handle personal injury and dog bite cases. You can search by practice area and location on their website.
Ask for referrals from your primary care doctor or from friends or family who have used a personal injury lawyer. Word-of-mouth recommendations often lead to lawyers who have a track record in your community.
When you contact a lawyer, ask how many dog bite cases they have handled in Charleston, what the average settlement or verdict was, and whether they have handled cases similar to yours (for instance, if your bite involved a pit bull or if you have permanent scarring). A lawyer who has handled dozens of dog bite cases will move faster and negotiate more effectively than one handling their first.
Most lawyers offer a free initial consultation, so you can speak to several before deciding. Use this time to ask about their experience, their fee structure, and their timeline for resolving cases.
South Carolina's dog bite law and how it affects your case
South Carolina Code Section 27-31-10 makes a dog owner strictly liable for injuries caused by their dog, meaning you do not have to prove the owner was negligent or knew the dog was dangerous. The owner is liable straightforward because the dog caused the injury. This is much stronger than a negligence standard and makes dog bite cases in South Carolina more straightforward than in many other states.
The only defenses available to the dog owner are that you were trespassing on their property, that you assumed the risk of the bite (for instance, if you were a veterinarian treating the dog), or that you were partly at fault for provoking the dog. Your lawyer will be prepared to counter these defenses with evidence and witness testimony.
Because of strict liability, your lawyer's focus is on documenting the extent of your injury and its cost, not on proving the owner was careless. This simplifies the case and usually leads to faster settlements.
Frequently Asked Questions
Should I talk to the dog owner's insurance company before calling a lawyer?
No. Once you contact the insurance company, they will document everything you say and use it to minimize your claim. A lawyer can guide you on what to say and when to say it. If the insurance company calls you first, tell them you have retained a lawyer and give them your lawyer's contact information.
What if the dog owner says their dog has never bitten anyone before?
It does not matter. South Carolina's strict liability law holds the owner liable regardless of the dog's history. Your lawyer will use this fact to push back against any argument that the bite was unforeseeable or that the owner should not have to pay.
How long do I have to file a lawsuit if the insurance claim does not work out?
South Carolina's statute of limitations for personal injury is three years from the date of the bite. However, do not wait that long. The longer you wait, the harder it is to find witnesses, obtain medical records, and prove the extent of your injuries. Contact a lawyer within weeks, not months.
Can I recover money for pain and suffering, or only medical bills?
You can recover for pain and suffering, lost wages, permanent scarring or disfigurement, nerve damage, and psychological trauma from the attack. Medical bills are only part of what you can claim. Your lawyer will calculate the full value of your injury, not just what you spent on treatment.
What if the dog owner does not have homeowner's insurance?
Your lawyer can still file a lawsuit against the owner directly and pursue a judgment. However, collecting from an uninsured owner is harder. Your lawyer may also check whether your own homeowner's or renter's insurance covers dog bite injuries—some policies do, and your insurer may pursue the claim on your behalf.