A guide that describes why dogs bite and what steps an injured victim can take to recover compensation for the physical and emotional pain suffered after a dog bite. Covering: Dog upbringing, socialization, medical issues, fear aggression and territorial aggression. Demanding payment when there is and is not insurance covering the bite. Going to small claims court. Hiring a lawyer. More information on Dog Bites can be found here: http://www.bestattorney.com/dog-bites/ Or call us at: (800) 315-5889

1. Understanding Dog Bites
A breakdown of when dogs bite
and how to deal with them

2. Contents
1. Before A Dog Bite Happen
– Reasons for Bites
– Signs that a dog may bite
– When a bite happens
2. After A Dog Bite
– Options for Dealing With A Bite
3. Demanding Payment Yourself
– If there is Home Insurance
– Small Claims Court
4. Hiring a Lawyer

3. Before a Dog Bite Happens

4. Factors that can contribute to dogs biting:
• Upbringing
• Poor Socialization
• Medical Issues
• Fear Aggression
• Territorial Aggression
• Other Factors

5. Upbringing
• An owner is responsible for raising his/her dog to be safe around other people and
animals. Behaviors that contribute to a dog biting are as follows:
• Allowing the dog to nip as a puppy.
– If the dog nips you, you must ‘punish’ the dog by firmly telling the dog “NO”, and refusing to play
with the dog further for a while.
– Allowing the dog to nip teaches the dog that biting is ok, especially when they want something from
you
• Beating the Dog
– Beating your dog can cause increased wariness and aggression, which can cause your dog to evaluate
any situation as a threat much more readily. Most dog trainers say that hitting your dog may solve
problems in the short-term, but it is not a wise training method.
• No Boundaries
– As the dog’s pack leader, their owner must set boundaries and let them know when they are crossing
those boundaries. If a dog has not learned how to obey it’s owner, it is more likely to rely on it’s own
instinct to deal with perceived threats.
• Aggression Games
– Some sources say games like tug of war teach aggression as a form of getting what he/she needs.
– If you play tug-of-war, make sure you are always in control and that your dog will drop the rope
immediately when you tell them to.
– If your dog touches your skin or clothes with his teeth, stop playing tug-of-war immediately.

6. Poor Socialization
• If a dog is not exposed to other dogs when it is young, it will
not be able to play with other dogs as well.
• Puppies learn to play well with each other by stopping play
when one of them gets hurt. Once the dogs learn that they
play stops when they are too rough or aggressive, they learn
to control their energy level.

7. Medical Issues
• If a dog is in constant pain due to medical issues, this will
increase the likelihood of the dog becoming aggressive and
biting.
• The following situations may cause increased aggression
– Conditions that cause pain
– Diseases that cause inflammation of the brain.
– Hormonal diseases can increase aggression around food
– Loss of hearing or sight can result in a dog being caught off-guard and
reacting aggressively.
– Epilepsy can also lead to aggression

8. Fear Aggression
• Dogs will bite to protect themselves if they are afraid or
threatened.
– If a dog has had a traumatic experience in the past, they will feel
threatened if those circumstances present themselves again.
– This can present itself with any dog or human. If the dog feels
uncomfortable with any situation, they will prepare to protect
themselves.

9. Territorial Aggression
• Dogs will also bite to protect their territory from what they
perceive to be invaders
– This includes be what the dog believes is it’s territory,
like the owner’s house or land.
– This can also include a dog’s food or a dog’s toys.
– Many dog bites are reported as having taken place
when someone unfamiliar to the dog was on the
owner’s property, or was touching the dog while the
dog was playing with a toy or eating.

10. Other Factors
• Dogs are 6 times more likely to fatally bite if a male
• They are 2.6 times more likely to bite if not neutered
• Pit Bulls, Rotweilers, German Shepherds
– These breeds of dog are not dangerous on their own, as most dog bites from all species
are mild and go unreported and untreated.
– However, these are breeds that have been bred to be strong, and a bite from one of
these dogs will usually be much more dangerous than a bite from a smaller breed of
dog. This is why these dogs are often portrayed more poorly in the media.
Source: http://bit.ly/1M2YHLO

11. When a dog is about to bite:
• A dog may bite if any of the preceding criteria are met.
• Signs:
– Wagging Tail
– Ears Pinned back
– Raised Fur
– Rigid Posture – The dog freezes
– Licks lips or licks when someone is touching them
– Yawns (shows off teeth)
– Averting Gaze or Fixating their eyes on one spot
– Cowering
• These signs show that the dog is anxious and may bite.
Source: http://abt.cm/1pHz3SP

12. When a Dog Bites
• Get Medical Attention
– If you/the victim is severely injured, make sure they are rushed to a hospital.
– Self-care:
• If the dog bite is bad enough, you may need an ambulance. While you are waiting for the
ambulance, place a thick cloth or towel over the injury and elevate the bite area to slow the
bleeding.
• If the bleeding slows, cleanse the bite area and apply a bandage. If not, keep pressure on the
wound.
• If you have time, get information from the dog owner:
– Owner’s Name, Contact Information, and Address
– Learn whether the dog was up to date on all of its vaccinations
– Assess what caused the dog bite.

13. After A Dog Bites

14. Options After a Dog Bite
• Dog Bites can leave lasting physical and psychological effects that
require extensive treatment, not to mention hospital bills and the
pain and suffering caused by the bite itself. Make sure to document
every treatment and payment related to the bite.
• Bite victims generally have 2 choices for compensation:
– Demand Payment Yourself
• Often the best option if your bite heals quickly with no lasting effect, or if the
dog owner does not have homeowners insurance that covers the dog bite.
– Hire a Lawyer
• A lawyer is a good option if the injury is especially serious, causes permanent
disfigurement or scarring, or if the insurance companies are especially
difficult to communicate with and will not compromise.

15. Deciding How To Proceed
There are several factors that will determine whether it is worth it to hire a
lawyer or to proceed with a demand yourself:
1. How Severe Are Your Injuries?
– If your injuries don’t require surgery and they heal quickly without taking you out of commission
for more than a few days, you may want to see if you can pursue a demand yourself without
involving a lawyer.
2. Does the owner have homeowners insurance? Does it cover
the bite?
– Most home or renters insurance will cover dog bites on the property and even away from the
property. However, if the owner of the dog does not have insurance, law firms will be less likely to
secure settlement for you if the owner does not agree to pay. In these cases you may have better
luck going to small claims court.

16. Deciding How To Proceed
Regardless of the answers to the previous 2 questions, you should still calculate a
rough estimate of how much you believe you are owed. This will include the
following:
• Hospital Bills
• Doctor Visits
• Lost Wages
• Medication
• Property Damage (ripped clothing/electronics)
You will also want to figure out how much to request for pain and suffering. Dog
Bite cases tend to result in high emotional trauma, and you must consider a
number that you feel is fair and just.
You can only file a lawsuit in small claims court for under $10,000. If you have
calculated more than this for your damages, you may want to consult a lawyer
even if there is no insurance covering the bite.

17. Making the Decision
• Injuries like dog bites can be overwhelming. Even if
you don’t plan on retaining a lawyer, a call to a law
office for recommendations or for a consultation is
never a bad idea. Review your options and make the
decision.

18. Demanding Payment Yourself

19. If the owner has home insurance that covers the bite:
• Get in touch with the insurance company. If a claim has not already been
submitted by the owner, do so yourself.
• You will receive a call from an insurance adjuster, who will want to confirm
details with you. If they ask you to give a recorded statement of facts,
make sure you are calm and have a clear presence of mind. If you are
taking medications or in extreme pain at this point, you may not want to
give this statement yet.
• When you give this statement, answer all of the adjuster’s questions
honestly and do not expand or volunteer information.
• When asked for documentation for lost wages, medical bills, or other
related items, respond in a timely manner.

20. Negotiating
• The first offer an adjuster makes will usually be well below their limits, and
most likely will not be close to the number you calculated for your
damages.
• Prepare a demand letter laying out your damages and argument for your
pain and suffering amount. An example demand letter can be found here.
• At this point if the adjuster does not tender your demand, you will have to
do some negotiating with the adjuster.
– Be respectful when you speak with the adjuster and make fair compromises.
– Emphasize the areas of damages that you know the adjuster agrees with
– Emphasize the emotional effects of the attack that your adjuster may not have thought
about.
• Be prepared to accept an offer that may be slightly lower than what you
originally planned to get. If you reach a stalemate at a number that is too
low for you, you may want to reconsider hiring a lawyer.

21. If the owner does not have home insurance:
• You will need to request your demanded amount from the owner
themselves. Make sure to justify the amount that you are demanding with
documented evidence.
• Note that many people will not have the ability to pay out as much
money as you may think you deserve. If the owner agrees to pay anything
above your special damages (bills, lost wages, property) it is probably wise
to accept.
• If the owner of the dog is unwilling to pay you an amount that you think is
reasonable, though you know that they have the means, you may have to
take him/her to small claims court.

22. Going to Small Claims Court
• Before doing anything, research the process for taking a case to small
claims court. Different states will have different processes limitations. For
example, California allows lawsuits up to $10,000 in small claims court, but
some other states will only allow $5,000.
• The California courts website has plenty of excellent resources regarding
small claims.
• Most courts will also have small claims advisors who will help you figure
out how to fill out your forms, file your claim, and serve the defendant.
These can each be complicated processes which are made much simpler
by having someone help you through it.
• Once you file your claim and receive a court date, you will have to prepare
your case.

23. Your Trial
• When you go to trial, you will need to prepare the following:
– Evidence
• Medical Records, Bills, and any other documentation of the bite and injuries you have
• Photographs of your injuries with dates to show how it healed.
– Witnesses
• If there were witnesses to the bite, you will want to call on them to testify what happened.
• If they are unwilling to come to court, you may serve a subpoena to them in person.
• Witnesses you subpoena can ask to be paid for their time. If a witness asks to be paid and you
do not pay them, they are not obligated to show up at your hearing.
– Diagrams for explanation (if necessary)
• You can aid your explanations with diagrams and pictures that will help the judge understand
your circumstances better. (e.g. If you were unable to keep your distance from a dog when you
were on a narrow walkway or bridge)

24. Recommendations
• Be engaging when explaining your case:
– Do not read your statement from notes, prepare ahead of time!
– Keep your presentation brief and omit unnecessary explanations
– Answer questions immediately when received from the judge
• Be respectful to all parties
– Do not interrupt the defendant or a witness.
– Keep calm and composed
• Use laws or prior court decisions to support your demand

25. Hiring A Lawyer

26. Benefits
• Unless a lawsuit is filed and punitive charges are assessed, the
preparation for your demand will be similar to if you had
negotiated a settlement with the insurance company yourself.
However, hiring a lawyer has several advantages:
– A good lawyer will be able to manage your dog bite case allowing you
much less stress than if you had attempted it yourself
– A lawyer is also able to recover a more sizeable settlement as they are
taken more seriously by insurance adjusters.
– A lawyer will know exactly what documents and evidence they need to
proceed with the case and gain a favorable resolution, taking the
guess-work and uncertainty out of the equation for you.
– Lawyers working on a case will keep things civil and peaceful between
you, the owners, and the insurance company. This is especially
beneficial if you have an existing relationship with an owner.

27. After Hiring A Lawyer
• Remember to keep track of all documents relating to your
case to give to the law firm when they request it.
• Maintain contact information for the owner and any
witnesses.
• Focus on healing your wounds – don’t stop treating or taking
medication unless a doctor tells you to.
• Document your healing process with pictures

28. Process
• The law firm will work with the insurance company, presenting the facts of
your claim and giving evidence as to the extent of your injuries.
• Negotiations will take place and the both the law firm and the insurance
company will come to an agreement of what your claim is worth.
• If both parties are at a stalemate, a lawsuit may be filed in an attempt to
get you the compensation you deserve.
• After a settlement or verdict, the lawsuit will pay out the amount that
you have received and your case will be closed.

29. Questions?
Ask:
Bisnar Chase Personal Injury Attorneys
www.BestAttorney.com/dog-bites
or call: (800) 315-5889