When you need a Denver dog bite attorney
You need a dog bite attorney in Denver if the bite caused serious injury, the owner's insurance company is denying your claim, or you cannot reach a settlement on your own. Most dog bite cases in Colorado are handled through the owner's homeowner's or renter's insurance, and many settle without a lawyer. But if medical bills are substantial, the injury affects your ability to work, or liability is unclear, an attorney shifts the negotiation in your favor because insurers take represented claims more seriously.
Denver follows Colorado's strict liability rule for dog bites: the owner is liable even if the dog has never bitten anyone before and even if the owner was not negligent. That legal clarity helps, but it does not mean the insurance company will pay without pushback. An attorney knows how to document the injury, calculate damages, and respond when an insurer undervalues your claim.
Key Takeaways
- Colorado law holds dog owners liable for bites regardless of the dog's history, but insurance companies still dispute claims and often offer less than the injury warrants.
- You should contact an attorney if medical costs exceed a few thousand dollars, you have lost income, or the insurer has denied or significantly undervalued your claim.
- Most dog bite attorneys in Denver work on contingency, meaning you pay nothing upfront and they take a percentage of the settlement or judgment.
- The insurance claim process typically takes two to six months, but contested cases can take a year or longer if they go to trial.
- An attorney can recover damages for medical bills, lost wages, pain and suffering, and scarring or disfigurement.
How Colorado's strict liability rule works in your favor
Under Colorado Revised Statutes § 13-21-124, a dog owner is liable for any injury the dog causes by biting, even if the owner did not know the dog was dangerous and took reasonable precautions. This is called strict liability, and it removes the burden of proving the owner was careless or negligent. You do not have to show the owner knew the dog had bitten before or that the owner failed to control it.
However, strict liability does not mean the insurance company will pay without investigation. Insurers will still verify that a bite occurred, that you were injured, and that the injury was caused by the dog. They will also look for reasons to reduce the payout—such as claiming you provoked the dog or that you were trespassing. An attorney knows how to counter these arguments and may support the insurer applies the law correctly.
One exception exists: if you were trespassing on the owner's property, the owner's liability may be reduced or eliminated. This is why documentation of where the bite occurred and whether you had permission to be there matters.
What damages you can recover
In a dog bite claim, you can recover economic damages (actual out-of-pocket costs) and non-economic damages (pain, suffering, and permanent effects). Economic damages include all medical treatment related to the bite: emergency room visits, stitches, antibiotics, plastic surgery, physical therapy, and any ongoing care. You can also recover lost wages if the injury kept you from work and future lost earnings if the bite caused permanent disability.
Non-economic damages cover pain and suffering during recovery, emotional distress, and scarring or disfigurement. Colorado does not cap non-economic damages in dog bite cases, so a serious injury with visible scarring can result in a substantial award. An attorney will document the injury with photographs, medical records, and testimony about how it has affected your daily life.
In rare cases where the owner's conduct was reckless or intentional—such as deliberately setting a dog on someone—you may also recover punitive damages, which are meant to punish the owner rather than compensate you. This is uncommon in routine dog bite cases.
How contingency fees work
Most Denver dog bite attorneys work on a contingency fee basis, meaning you do not pay them anything upfront. Instead, the attorney takes a percentage of the money recovered—typically 25 to 40 percent depending on whether the case settles or goes to trial. If you recover nothing, you owe the attorney nothing.
You will still be responsible for case costs, such as medical record requests, informed witness fees, and court filing fees. Some attorneys advance these costs and deduct them from your settlement; others ask you to pay them as they arise. Clarify this in your initial consultation before signing a representation agreement.
Contingency fees align the attorney's incentive with yours: they only make money if you do. This also means they will turn down cases they do not think will recover enough to justify the time and cost.
Finding and evaluating a Denver dog bite attorney
Start by searching for personal injury attorneys in Denver who specifically mention dog bite or animal injury cases. The Colorado Bar Association's lawyer referral service (coloradobar.org) allows you to filter by practice area and location. Many attorneys offer free initial consultations, which gives you a chance to discuss your case and assess whether you want to work together.
During your consultation, ask about the attorney's experience with dog bite cases, how many they have handled, and what outcomes they typically see. Ask how they calculate damages and what they expect your case to be worth. A good attorney will give you a realistic range, not a may provide. Ask also about their timeline—how long they expect the process to take and when you might expect a settlement offer.
Red flags include an attorney who guarantees a specific outcome, pressures you to settle quickly, or is vague about fees and costs. Also be cautious of attorneys who have very few online reviews or no track record in personal injury law.
The timeline from claim to settlement or trial
Most dog bite claims move through the insurance process in two to six months. After you report the bite to the owner's insurance company, the insurer will investigate, request medical records, and make an offer. If you have an attorney, they will review the offer and negotiate on your behalf. Many cases settle at this stage.
If the insurer's offer is too low or liability is disputed, your attorney may file a lawsuit in Denver District Court. Once a lawsuit is filed, the case enters discovery, where both sides exchange documents and take depositions (recorded statements). This phase typically lasts three to six months. If the case does not settle during discovery, it will be scheduled for trial, which can be six months to a year away depending on the court's calendar.
Throughout this process, your attorney will keep you informed and ask for your approval before accepting any settlement. You have the final say on whether to settle or proceed to trial.
What to do when ready after a dog bite
Seek medical attention first, even if the bite seems minor. Dog bites carry a high risk of infection and may require rabies prophylaxis. Get the dog owner's name, address, phone number, and insurance information. If the owner is not present, ask neighbors or witnesses for details. Take photographs of the bite wound, the location where it occurred, and the dog if possible.
Report the bite to Denver Animal Protection (the city's animal control agency). This creates an official record and ensures the dog is observed for rabies. Keep all medical records, receipts, and documentation of time missed from work. If you have homeowner's or renter's insurance, notify them as well—your own policy may cover some costs while you pursue the owner's claim.
Do not post details about the incident on social media or discuss it with the owner's insurance company without an attorney present. Anything you say can be used to minimize your claim.
Frequently Asked Questions
How long do I have to file a dog bite claim in Denver?
Colorado's statute of limitations for personal injury claims is three years from the date of the bite. However, you should report the bite to the owner's insurance company and consult an attorney much sooner—within weeks if possible—because evidence degrades and memories fade. Insurance companies also move faster when claims are reported promptly.
What if the dog owner does not have insurance?
If the owner has no homeowner's or renter's insurance, you can still sue them directly in small claims court (for claims under $7,500 in Colorado) or district court. An attorney can help you collect a judgment, though enforcing it against someone without assets can be difficult. Some owners have personal liability coverage through other policies, so an attorney will investigate all possible sources.
Can I settle directly with the dog owner without involving insurance?
Yes, but it is risky. If you accept a direct payment and later discover the injury is more serious than you thought, you cannot go back and ask for more. An attorney can help you understand what your claim is worth before you agree to any settlement, whether through insurance or directly with the owner.
Will the dog be put down after biting me?
Not automatically. Denver Animal Protection will quarantine the dog for observation and may declare it dangerous or vicious depending on the severity of the bite and the dog's history. A dangerous dog designation requires the owner to carry liability insurance and follow specific containment rules. A vicious dog designation is more serious and can result in euthanasia, but this requires a hearing and is not automatic.
What if I was partially at fault for the bite?
Colorado follows comparative negligence rules, meaning your recovery can be reduced by your percentage of fault. If you were trespassing, teasing the dog, or ignored warning signs, the insurer may argue you were 20 or 30 percent at fault. An attorney will push back on inflated fault claims and may support any reduction is fair and supported by evidence.