A summons and complaint is a formal court document that starts a lawsuit
When someone sues you over a dog bite, they file a summons and complaint with the court. The summons tells you that you are being sued and gives you a important date to respond — usually 20 to 30 days depending on your state. The complaint is the document that explains what happened, what injuries the other person claims, and what they are asking the court to award them.
You will receive these documents either by hand delivery, certified mail, or sometimes through a process server who comes to your home or workplace. The papers will have the court's name, the case number, and the judge's name on them. Do not ignore them. Missing the important date to respond can result in a default judgment against you, which means the court rules in the other person's favor without hearing your side.
The complaint will describe the incident from the other person's perspective — where the bite happened, what injuries they say they suffered, and what damages they are seeking. Damages usually include medical bills, lost wages, pain and suffering, and sometimes punitive damages if they claim your negligence was especially reckless. Read the complaint carefully to understand exactly what they are claiming.
Key Takeaways
- A summons and complaint is a legal notice that you are being sued; you must respond within the important date stated on the summons or face a default judgment.
- The complaint describes the incident and the damages the other person is seeking, and you should read it word for word to understand their claims.
- Your homeowner's or renter's insurance policy usually covers dog bite liability, and you should contact your insurer when ready after receiving the documents.
- You have the right to hire an attorney to defend you, and many personal injury cases are resolved through settlement negotiations rather than trial.
- The statute of limitations for dog bite lawsuits varies by state but is typically two to three years from the date of the bite.
Why your insurance company needs to know right away
Most homeowner's and renter's insurance policies include liability coverage that pays for injuries caused by your dog. When you receive a summons and complaint, contact your insurance company when ready — do not wait. Your policy likely requires you to notify them within a specific timeframe, and failing to do so can void your coverage.
Your insurer will assign an attorney to defend you at no cost to you. This attorney works for the insurance company, not directly for you, but their job is to defend you against the claim. They will handle responding to the complaint, gathering evidence, and negotiating with the other person's attorney. If you do not have insurance or your policy does not cover dog bites, you will need to hire your own attorney.
If the case goes to trial and you lose, your insurance company will pay the judgment up to your policy limit. If the judgment exceeds your policy limit, you may be responsible for the difference. This is why understanding your coverage limits matters before a lawsuit happens.
What you need to do in the first few days
The moment you receive the summons and complaint, write down the date you received it and keep the original documents in a safe place. Do not throw them away or ignore them. Check the important date for your response — it will be printed on the summons. Mark that date on your calendar and set a reminder a few days before.
Gather any documents related to the incident: photos of the scene, medical records if you sought treatment, witness contact information, and any communication with the other person before the lawsuit. Write down your own account of what happened while it is still fresh in your memory. Do not post about the incident on social media or discuss it with anyone except your attorney and your insurance company.
Do not contact the other person or their attorney directly. Anything you say can be used against you in court. All communication should go through your attorney or your insurance company's attorney. If the other person or their attorney tries to contact you, tell them to speak with your attorney and then stop responding to them.
Understanding what the complaint is actually asking for
The complaint will list specific damages — the amounts of money the other person believes they are owed. These typically include past medical expenses, future medical expenses if they claim ongoing treatment is needed, lost wages from time off work, and pain and suffering. Some complaints also ask for punitive damages, which are meant to punish you rather than straightforward compensate the other person.
The amount listed in the complaint is often higher than what the case will actually settle for. This is normal. The other person's attorney starts with a high number knowing that settlement negotiations will bring it down. Your attorney will review the complaint and the damages claimed and advise you on what the case is realistically worth based on similar cases in your area.
Pay attention to whether the complaint claims you knew your dog was dangerous or had bitten someone before. These facts matter because they affect how much liability you face. Some states have strict liability laws for dog bites, meaning you are liable regardless of whether you knew the dog was dangerous. Other states use a "one bite rule," where you are only liable if you knew or should have known the dog had bitten or attacked someone before.
How your attorney will respond to the complaint
Your attorney will file a document called an answer with the court before the important date. The answer responds to each claim in the complaint — either admitting it, denying it, or saying there is not enough information to admit or deny it. Your attorney may also file motions asking the court to dismiss certain claims or narrow the scope of the case.
After the answer is filed, the case enters the discovery phase. Both sides exchange documents, answer written questions called interrogatories, and may be deposed — meaning you will answer questions under oath. Your attorney will prepare you for a deposition and will be present when it happens. Discovery usually takes several months and is where most of the evidence is gathered.
Throughout discovery and afterward, your attorney and the other person's attorney will likely discuss settlement. Most dog bite cases settle before trial because both sides want to avoid the cost and uncertainty of a trial. Your attorney will advise you on any settlement offers and what they think the case is worth if it goes to trial.
What happens if the case goes to trial
If settlement negotiations fail, the case will go to trial. A judge or jury will hear evidence from both sides and decide whether you are liable for the bite and, if so, how much you owe. Your attorney will present your defense, which might include evidence that the other person was trespassing, that they provoked the dog, or that they were partially responsible for the incident.
At trial, you may be called to testify about what happened. Your attorney will prepare you for this and will be with you in the courtroom. The other person will also testify, and their attorney will question you. This can be stressful, but your attorney's job is to protect your interests and challenge the other person's account of events.
If the judge or jury rules against you, they will award damages to the other person. Your insurance company will pay up to your policy limit. If the judgment exceeds your policy limit, you may owe the difference, though your attorney can discuss options like payment plans or appeals.
Statutes of limitations and how long you have to defend yourself
The statute of limitations is the important date by which someone can file a lawsuit. For dog bites, this varies by state. Most states allow two to three years from the date of the bite, but some allow longer. If a lawsuit is filed after the statute of limitations has passed, your attorney can file a motion to dismiss the case.
The statute of limitations does not affect how you should respond to a summons and complaint you have already received — you still must respond by the important date on the summons. But it is useful to know how long you remain at risk of being sued if you have not been sued yet.
If you are sued years after a dog bite, the delay can actually work in your favor because memories fade and evidence becomes harder to find. Your attorney will use this to challenge the other person's account of what happened.
Frequently Asked Questions
What if I cannot afford an attorney?
If you have homeowner's or renter's insurance, your insurer will provide an attorney at no cost to you. If you do not have insurance and cannot afford an attorney, you can ask the court for a public defender, though public defenders are not always available for civil cases like dog bite lawsuits. Some attorneys also work on contingency, meaning they take a percentage of any settlement or judgment instead of charging upfront fees.
Can I settle the case without going to trial?
Yes, and most dog bite cases settle before trial. Your attorney will negotiate with the other person's attorney throughout the case. If both sides agree on a settlement amount, you will sign a settlement agreement and the case will be dismissed. Your insurance company will pay the settlement amount up to your policy limit.
What if the other person's injuries are worse than I thought?
Medical records and informed testimony will establish what injuries actually occurred. If the other person's injuries are severe, the damages awarded will be higher. Your attorney will review all medical evidence and advise you on what the case is realistically worth. This is why settlement negotiations often happen after discovery, when both sides have seen all the evidence.
Can I be sued even if my dog was provoked?
Yes, you can still be sued, but provocation is a defense. If you can show that the other person provoked the dog or was trespassing on your property, this may reduce or eliminate your liability depending on your state's laws. Your attorney will gather evidence of provocation, such as witness statements or photos, and present it at trial or during settlement negotiations.
What happens to my dog after I am sued?
Being sued does not automatically result in your dog being taken away. However, if the other person or the court believes your dog is dangerous, they may ask for the dog to be quarantined or evaluated. Some jurisdictions have dangerous dog laws that can result in the dog being declared dangerous or even euthanized, but this is a separate legal process from the civil lawsuit. Your attorney can advise you on whether this is a risk in your case.