Florida Dog Bite Settlements: What to Expect

Dog bites can lead to physical, emotional, and financial challenges for victims, and in Florida, the law provides remedies to hold dog owners accountable. Understanding what to expect when pursuing a dog bite settlement in Florida is essential for victims and their families. From legal liability to compensation types, this guide outlines the key aspects of dog bite settlements in the Sunshine State.

Florida's Strict Liability Rule for Dog Bites

Florida works under a strict liability rule for dog bite cases, which means that a dog owner is going to be held responsible for injuries caused by their pet, even if the dog has no prior history of aggression. According to Florida Statute 767.04, a dog owner is liable if their dog bites someone in a public space or when the victim is lawfully on private property, including the dog owner's home.

This legal framework removes the burden of proving negligence, which is often required in other personal injury cases. However, there are exceptions, such as:

• If the victim was trespassing at the time of the attack.
• If the owner displayed a visible "Beware of Dog" or "Bad Dog" sign, and the victim ignored it (unless the victim is under six years old).

Steps to Take After a Dog Bite in Florida

Taking immediate action after a dog bite is essential for building a strong case. Here are key steps victims should follow:

1. Seek Medical Attention: Prompt medical care ensures injuries are properly treated and documented. This is critical, as untreated bites can lead to infections like rabies or tetanus.
2. Report the Incident: Notify local animal control or law enforcement about the dog bite. Official reports provide valuable evidence for a potential claim.
3. Document Evidence: Take photos of the injuries, the dog, and the location of the attack. Gather contact information from witnesses and the dog owner.
4. Consult an Attorney: An experienced personal injury lawyer will guide you through the legal process, to make sure your rights are protected.

Factors Influencing a Dog Bite Settlement in Florida

Many factors usually influence the settlement amount in a Florida dog bite case. These include:

1. Severity of Injuries

The extent of the victim's injuries plays a significant role in determining compensation. Serious bites requiring surgery or physical therapy or resulting in permanent scarring or disability typically lead to higher settlements.

2. Medical Expenses

Medical costs, both current and future, are a primary component of a settlement. This includes emergency room visits, surgeries, medication, and follow-up care.

3. Lost Wages

If the injured party is unable to work due to their injuries, they might be able to recover compensation for lost income. For severe cases resulting in long-term disability, future earning potential may also be considered.

4. Pain and Suffering

Non-economic damages, such as physical pain, emotional distress, and reduced quality of life, are often significant in dog bite cases.

5. Comparative Negligence

Florida operates under a modified comparative negligence rule with a 51% bar. This means that if a victim is partially responsible for the dog bite incident, their compensation will be lowered by their percentage of fault. However, if the victim is found to be 51% or more at fault, they will not be able to recover any damages. For example, if a victim is found 20% at fault, their settlement would be reduced by 20%. Conversely, if the victim is determined to be 51% or more responsible for provoking the dog, they would not be entitled to any compensation.

Average Settlement Amounts for Dog Bites in Florida

While every case is unique, Florida dog bite settlements often range from $30,000 to $50,000 for moderate injuries. Severe cases involving disfigurement or permanent disabilities may result in settlements exceeding $100,000.

According to the Insurance Information Institute (III), the average cost per dog bite claim in the United States was approximately $64,555 in 2022, reflecting rising medical and legal costs. Florida, with its large population and warm climate that encourages outdoor activities, consistently ranks among the top states for dog bite claims.

Filing a Dog Bite Claim in Florida

Victims typically pursue compensation through:

Homeowner's Insurance: Most dog bite settlements are paid by the dog owner's homeowner's or renter's insurance policy. It is estimated that over $1 billion is paid annually in the U.S. for dog-related injury claims.

Personal Injury Lawsuit: If an insurance policy does not cover the damages or the settlement offer is inadequate, victims may file a lawsuit to seek fair compensation.

Legal Deadlines: Florida's Statute of Limitations

In Florida, dog bite claims are subject to a two-year statute of limitations, meaning victims must file their claim within two years of the incident. For cases involving minors, the deadline may be extended, but it's always advisable to act promptly to preserve evidence and strengthen the claim.

Preventing Dog Bite Incidents

While pursuing compensation is vital for victims, preventing dog bites from happening in the first place is equally important. Responsible dog ownership includes:

• Proper training and socialization of dogs.
• Using leashes in public areas.
• Supervising interactions between dogs and children.
• Ensuring dogs are up-to-date on vaccinations.

For the public, understanding dog behavior and respecting a dog's boundaries can reduce the risk of attacks.

Conclusion

Dog bite settlements in Florida can provide financial relief and justice for victims while holding negligent dog owners accountable. By understanding the factors influencing settlements, taking prompt action after an incident, and seeking professional legal guidance, victims can navigate the process with confidence. Whether the case is resolved through insurance or litigation, the ultimate goal is to secure fair compensation for the harm caused.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating?Florida personal injury claims?can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.?

Contact us?now for a free legal review.