No two dog bite cases are identical. The value of your claim depends on the unique circumstances of your injury, the impact on your life, and how New Jersey law applies. New Jersey dog bite lawyer David Cowhey has helped families throughout the state recover settlements after dog attacks during his 40 years as an attorney. This latest post explains the factors that influence the value of dog bite cases and the steps dog bite victims can take to protect their rights to compensation.
How New Jersey Law Protects Dog Bite Victims
New Jersey has one of the strongest dog bite statutes in the country. Under N.J.S.A. § 4:19-16, dog owners are held to a rule of strict liability. That means if their dog bites you while you are lawfully on public or private property, the owner is responsible even if the dog has never bitten before and even if the owner had no reason to think the dog might be dangerous.
Unlike many states, you don’t have to prove negligence or that the dog had a “vicious propensity.” This law makes recovery more straightforward, but the amount you receive depends on several important factors.
Factors That Influence the Value of a Dog Bite Case
1. The Severity of the Injury
The seriousness of your injury is the single most important factor in determining case value. Minor bites requiring only basic treatment will usually result in lower settlements. On the other hand, bites that cause nerve damage, infections, broken bones, or permanent scarring significantly increase case value. Courts and insurance companies in New Jersey recognize that severe, permanent, or highly visible injuries create long-lasting hardship.
2. Past and Future Medical Costs
All reasonable and necessary medical expenses are compensable in New Jersey. This includes ER visits, stitches, surgeries, medications, and physical therapy. If future care is likely, such as reconstructive surgery, scar revision, or counseling for trauma, those costs are also added to your claim.
3. Pain, Suffering, and Emotional Trauma
Dog bites aren’t just physical. They can leave lasting emotional scars, including fear of dogs, nightmares, or post-traumatic stress. New Jersey law allows recovery for these non-economic damages. The amount depends on how much the injury has interfered with your daily life, your relationships, and your mental well-being.
4. Scarring and Disfigurement
Visible scarring on the face, arms, or hands adds significant value to a claim. New Jersey courts recognize that permanent scars influence the way victims feel about themselves and how others see them. Children’s cases in particular often involve higher compensation for scarring because of the lifelong impact.
5. Lost Wages and Loss of Earning Capacity
If you missed work due to your injuries, you are entitled to recover those lost wages. If the injury affects your ability to perform your job long-term, for example, if nerve damage reduces the use of your hand, the value of your claim increases to account for lost earning capacity.
6. Liability Defenses
Although New Jersey’s strict liability law strongly favors victims, there are a few defenses owners may raise. If you were trespassing or provoking the dog, the owner may argue that compensation should be reduced. In practice, these defenses are rare and often unsuccessful, especially when the victim is a child.
7. Insurance Coverage
Most dog bite cases are paid through the dog owner’s homeowners’ or renters’ insurance. The policy limits often set the ceiling on what can realistically be recovered. If no insurance is available, recovery depends on the dog owner’s personal assets.
Differences in Case Value Between Child and Adult Dog Attacks
Dog bites involving children are often valued differently than those involving adults:
- Location of injuries
Children are more likely to be bitten on the face and head, leading to permanent, visible scars.
- Emotional trauma
Young victims are particularly vulnerable to lasting fear and anxiety, which courts and insurers take seriously.
- Comparative fault
While adults may sometimes be accused of provoking a dog, very young children are rarely held responsible for their actions.
- Court approval of settlements
In New Jersey, settlements for minors must often be approved by a judge to ensure the child’s best interests are protected. Funds may be placed in a trust until the child turns 18.
Because of these differences, dog bite cases involving children often result in higher settlements or verdicts.
What You Can Do to Protect the Value of Your Case
After a dog bite, the steps you take can make a big difference in how your case is valued. Here are some important actions:
- Seek medical attention immediately and follow all treatment instructions.
- Take photographs of your injuries and the scene as soon as possible.
- Report the bite to local animal control or police.
- Keep copies of medical bills, prescriptions, and time missed from work.
- Save clothing or items damaged during the attack.
- Avoid posting about the incident or your recovery on social media
- Contact an experienced lawyer quickly to preserve evidence and handle communication with insurance companies.
Frequently Asked Questions Regarding New Jersey Dog Bite Case Value
How do I prove the dog owner was at fault?
You don’t have to. Under New Jersey’s strict liability law, if you were bitten while lawfully present, the owner is automatically responsible unless they can show you provoked the dog or were trespassing.
What damages can I recover?
You can recover medical bills, lost wages, pain and suffering, emotional trauma, and compensation for scarring or permanent injuries.
What if the dog owner doesn’t have insurance?
Your lawyer will investigate all possible sources of coverage, including homeowner, renter, or landlord policies. If no insurance is available, lawyers review whether the dog owner has assets to satisfy a judgment.
How long does a dog bite case take?
It depends on the severity of the injury, the medical treatment timeline, and whether the insurance company makes a fair offer. Some cases settle in months; others may take longer if litigation is necessary.
Schedule a Free Consultation to Explore the Value of Your Dog Bite Case
Dog bites can leave lasting physical and emotional scars. In New Jersey, the law is on your side, but insurance companies will do everything they can to minimize what they pay. That’s why it’s important to work with an experienced New Jersey dog bite lawyer who knows how to maximize the value of your case and protect your future.
If you or your child has been bitten, contact The New Jersey Dog Bite Lawyer David Cowhey today for a free consultation or call 1 (609) 804-5107 to speak with David directly about your case today
He’ll review your case, explain your rights, and fight to get you the compensation you deserve.
