You may need a lawyer if the bite caused serious injury, the person is suing you, or your homeowner's or renter's insurance has denied your claim
Whether a lawyer makes sense depends on three things: how badly the person was hurt, whether they are taking legal action, and what your insurance company is doing. A lawyer is most useful when the injury is severe enough that medical bills and lost wages add up quickly, when someone has filed a lawsuit against you, or when your insurance has refused to cover the claim. If the bite was minor and the person is not pursuing a claim, you may not need one.
The person who was bitten can sue you in small claims court (usually for amounts under $5,000 to $10,000, depending on your state) without a lawyer, and you can defend yourself there too. But if the claim is larger, involves a lawsuit in regular court, or your insurance company is disputing what happened, having a lawyer on your side shifts the burden of paperwork and negotiation away from you.
Key Takeaways
- A lawyer becomes important when the injury is serious, a lawsuit has been filed, or your insurance company has denied coverage.
- Your homeowner's or renter's insurance usually covers dog bite liability up to your policy limit, and the insurer will often hire a lawyer to defend you at no cost.
- Small claims cases (under $5,000 to $10,000) can proceed without a lawyer, but larger claims almost always require one.
- If your insurance denies the claim, a lawyer can challenge that decision or help you pursue a settlement on your own.
- Many personal injury lawyers work on contingency, meaning they take a percentage of any settlement or judgment rather than charging hourly fees upfront.
When your insurance company provides a lawyer
Most homeowner's and renter's insurance policies include liability coverage for dog bites. When a claim is filed, your insurance company will assign a lawyer to defend you—and you do not pay that lawyer directly. The insurer covers the legal cost as part of your policy. This is one of the main reasons people carry homeowner's or renter's insurance in the first place.
The insurance company's lawyer will handle communication with the person who was bitten, negotiate a settlement if one is possible, or defend you in court if the case goes to trial. You should tell your insurance company about the bite as soon as possible, even if no one has sued yet. Most policies require prompt notice, and waiting too long can give the insurer a reason to deny coverage later.
The catch is that the insurance company's lawyer works for the insurer, not for you. Their job is to protect the company's interests first. If a settlement offer is on the table, they may push you to accept it even if you believe you are not at fault. If you disagree with how your case is being handled, you have the right to hire your own lawyer at your own expense.
Situations where you should hire your own lawyer
You should consider hiring your own lawyer if your insurance company has denied your claim. Denials happen when the insurer argues that the bite is not covered under your policy—for example, if you did not disclose the dog's breed or history, or if the policy excludes dog bites altogether. A lawyer can review the denial letter, challenge the insurer's reasoning, and sometimes force them to reconsider.
You should also hire a lawyer if the injury is severe. Severe bites often result in reconstructive surgery, permanent scarring, or psychological trauma. The person who was bitten may pursue a claim for tens of thousands of dollars or more. Your insurance policy has a limit—often $100,000 to $300,000—and if the claim exceeds that limit, you could be personally liable for the difference. A lawyer can help you understand that risk and negotiate the best outcome.
If you do not have homeowner's or renter's insurance, hiring a lawyer becomes more important. Without insurance backing you, you are paying for your own defense. A lawyer can still help you negotiate a settlement that is less than the full amount the person is demanding, which is usually cheaper than going to trial.
How much a lawyer costs
Personal injury lawyers who represent people bitten by dogs typically work on contingency, which means they take a percentage of any settlement or judgment you pay to the injured person—usually 25 to 40 percent. They do not charge you upfront. If there is no settlement or judgment, you owe them nothing.
If you need a lawyer to challenge your insurance company's denial, you may pay by the hour instead. Hourly rates for lawyers handling insurance disputes vary widely by location and experience, but typically range from $150 to $400 per hour. Some lawyers offer a free initial consultation, so you can discuss your situation before committing to fees.
If your insurance company is defending you, you do not pay the lawyer's fees—the insurer does. But if you hire your own lawyer because you disagree with how the insurance company is handling your case, you will pay out of pocket unless you negotiate a contingency arrangement.
Small claims court and when you can skip a lawyer
Small claims court is designed for cases under a certain dollar amount—usually $5,000 to $10,000, though the limit varies by state. In small claims, you can represent yourself, and so can the person suing you. No lawyers are required, and judges are used to handling cases where neither side has one.
If the bite was minor and the person is only asking for medical bills and a small amount for pain and suffering, small claims may be the fastest and cheapest way to resolve it. You can show up, explain what happened, present any evidence (medical records, photos, witness statements), and let the judge decide. If you lose, the judgment is usually final, but the amount is capped by the court's limit.
However, if the person is suing for more than your state's small claims limit, the case moves to regular court, and a lawyer becomes much more valuable. Regular court involves more complex rules, discovery (exchanging documents and evidence), and often takes longer to resolve.
What to do before hiring a lawyer
Before you hire a lawyer, notify your insurance company when ready. Provide them with the facts: when and where the bite happened, who was bitten, what injuries resulted, and whether the person has contacted you about compensation. Your insurance company will tell you whether they are covering the claim and whether they are assigning a lawyer to defend you.
Gather documentation: medical records from the person who was bitten (if you have access), photos of the bite, witness statements, and any communication between you and the injured person. Write down what happened while it is fresh in your memory. Do not post about the incident on social media, and do not discuss it with anyone except your insurance company and your lawyer.
If your insurance company denies the claim or if you disagree with how they are handling it, then search for a personal injury lawyer in your area. Many bar associations have referral services, and you can also search online for lawyers who handle dog bite cases. Call a few and ask about their experience and whether they offer a free consultation.
What happens if you cannot afford a lawyer
If you cannot afford a lawyer and your insurance company is defending you, you do not need to hire one—the insurer's lawyer is free to you. If your insurance has denied the claim and you cannot afford your own lawyer, you have limited options. Some legal aid organizations help people in financial hardship, though they typically focus on criminal defense or family law rather than dog bite liability.
You can also try to negotiate directly with the person who was bitten. Many people will accept a smaller settlement if you offer to pay it in installments or if you explain your financial situation. Written communication (email or a letter) is better than verbal, because it creates a record of what was offered and agreed to.
Frequently Asked Questions
Will my homeowner's insurance pay for a lawyer if my dog bites someone?
Yes. Most homeowner's and renter's insurance policies include liability coverage for dog bites, and the insurer will assign a lawyer to defend you at no cost to you. Notify your insurance company as soon as the bite happens.
What if the person suing me is asking for more money than my insurance policy covers?
Your insurance will cover up to your policy limit. If the judgment or settlement exceeds that limit, you are personally liable for the difference. A lawyer can help you negotiate a settlement that stays within your policy limits or challenge the damages being claimed.
Can I represent myself in a dog bite lawsuit?
You can represent yourself in small claims court, where cases are usually under $5,000 to $10,000. In regular court, representing yourself is possible but risky—the rules are complex, and mistakes can cost you. A lawyer is strongly recommended for larger claims.
How long does it take to settle a dog bite claim?
Small claims cases often resolve in a few months. Cases in regular court can take six months to two years or longer, depending on whether the case goes to trial. Settlement negotiations may happen at any point and can speed up the process.
What should I tell my lawyer about the bite?
Tell your lawyer everything: the exact circumstances of the bite, the person's injuries, any prior incidents with your dog, whether you have homeowner's insurance, and any communication you have had with the injured person. Be honest about whether your dog has bitten before or has a history of aggression.