Who Pays a Dog Bite Injury Settlement in New Jersey?

Dog bite settlements are paid to victims for their pain, suffering, loss of income, and to cover their dog bite medical treatment costs. If you or someone you love is in pain after a dog attack, you may be pursuing a dog bite settlement against the owner of the dog. In most cases, the dog owner’s homeowner’s insurance company pays the insurance settlement. Learning the procedure for filing a claim and exploring all the potential parties liable for dog bite settlements payments can help you ensure fair compensation. We’ll explore the process for securing an injury settlement and explain the role of the insurance adjuster in resolving your claim. 

The Insurance Company

Most dog bite settlements are paid through the dog owner’s liability insurance, with the vast majority of claims processed through homeowner’s insurance policies. Insurance companies for the following entitles may also be held liable for your dog bite injuries:

• Renter’s insurance
• Condominium or coop insurance
• Landlord insurance
• Commercial general liability  (in claims against businesses when dog attacks occur on commercial property)

Insurance covers economic damages, which include past and future medical care, lost wages, and rehabilitation. Damages can also include non‑economic damages, such as pain, suffering, emotional injury, scarring, or disfigurement. Note: If the victim shares fault for the dog bite, their level of compensation will be reduced by the equivalent amount. Under New Jersey’s comparative negligence standard, if the dog bite victim is more than 50% at fault for their injuries, they cannot recover a settlement. 

What is the Role of the Insurance Adjuster in Settlement a Dog Bite Claim?

The adjuster is the insurer’s agent who will determine the potential value of your claim by evaluating evidence. The insurance adjuster will follow a set procedure in evaluating the total value of the dog bite claim. This process features the following steps:

• The adjuster opens the claim file
• They review the documentation and available medical evidence (medical bills, photos, incident details)
• The adjuster evaluates the strength of the dog bite evidence against the dog owner’s liability under strict liability and defenses such as provocation or trespass
• They issue an initial settlement offer, which starts settlement negotiations

Note: the insurance adjuster may low-ball the initial offer, citing limited evidence and the benefits of settling quickly. They may even try to shift fault to you as the dog bite victim to invoke comparative fault reductions.  The adjuster’s objective is to protect the insurance company’s and that’s why you need a representative on your side during settlement negotiations – your dog bite lawyer. 

The Dog Bite Lawyer

A qualified New Jersey dog bite attorney plays a critical role in protecting your rights to compensation. Attorneys like David Cowhey safeguard your settlement rights and help ensure you receive fair compensation for your injuries by:

• Determining applicable legal claims, such as strict liability, negligence, or common-law liability
• Gathering and preserving evidence, including witness statements, medical records, animal control reports, photographs, journals of pain or lost wages
• Establishing insurance coverage and communicating with insurers so you don’t provide damaging information
• Evaluating full economic losses, including medical, lost income, future care, and calculating pain and suffering damages
• Negotiating with the insurance adjuster for a fair resolution, rejecting early low offers
• Filing a dog bite lawsuit when needed within New Jersey’s 2-year statute of limitations (N.J.S.A. 2A:14‑2)
• Preparing for trial if the insurer refuses reasonable terms 

The Payment Process for Dog Bite Settlements

The steps below outline the process of securing a payment for a dog bite injury under New Jersey law. 

1. The victim is bitten in a public place or while lawfully on private property.
2. The dog bite victim seeks medical treatment, documents injuries, collects evidence, reports the incident to authorities, and to animal control.
3. The victim and their lawyer file a claim with the dog owner’s insurance provider.
4. The insurance adjuster reviews and attempts to settle 
5. The victim and their dog bite lawyer respond with documentation, loss calculations, and a demand for fair compensation.
6. Negotiation continues; if no fair resolution is reached, the attorney files suit before the two‑year statute of limitations.
7. Eventually, a settlement or verdict is paid by the insurance policy up to its limits. If the policy limit is reached and liability is clear, sometimes the owner may pay an excess amount for full and fair compensation.
8. The lawyer deducts fees (commonly a contingency percentage), and the victim receives net compensation.

 FAQs for Dog Bite Compensation in New Jersey

Do I have to prove the owner’s negligence?

No. New Jersey uses strict liability. The owner is liable if you are lawfully present and bitten by their dog, regardless of prior warnings or their care level

Can my compensation be reduced if found partially at fault?

Yes, if you’re found partially at fault (e.g., provoked the dog), compensation is reduced proportionally. If you’re more than 50% at fault, you recover nothing

Should I accept the insurance company’s first offer?

No. Early offers are often insufficient. It’s wise to consult a dog bite lawyer to assess losses, demand more, or sue if necessary

What if the dog owner doesn’t have insurance?

Without insurance, you can still sue the owner directly. Although recovery may be difficult unless they have assets. A lawyer can help explore other responsible parties (for example, landlords or businesses, if the attack occurred there

What are the current average insurance payouts for dog bite settlements

Recent data shows the average New Jersey dog bite settlement is $49,981. Settlements vary widely depending on the injury’s severity, ranging from a few thousand for minor bites to hundreds of thousands when severe injuries, scarring, or lost earning capacity are involved.

Request Your Free Dog Bite Consultation with the New Jersey Dog Bite Lawyer

Dog bite lawyer David Cowhey is known for winning complex dog bite cases and representing dog bite victims throughout New Jersey during his 40-year career. If you’re facing serious injuries and a long recovery after a dog attack, request a free, no-obligation call with David Cowhey today. He can help you navigate your legal options and use his broad network of medical experts to support you through all phases of your rehabilitation.