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Home / Blog / Dog Bite Settlements / Who Pays a Dog Bite Injury Settlement in New Jersey?

July 27, 2025 - Dog Bite Settlements

Who Pays a Dog Bite Injury Settlement in New Jersey?

Table of Contents

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  • The Insurance Company
    • What is the Role of the Insurance Adjuster in Settlement a Dog Bite Claim?
    • The Dog Bite Lawyer
  • The Payment Process for Dog Bite Settlements
  •  FAQs for Dog Bite Compensation in New Jersey
    • Do I have to prove the owner’s negligence?
    • Can my compensation be reduced if found partially at fault?
    • Should I accept the insurance company’s first offer?
    • What if the dog owner doesn’t have insurance?
    • What are the current average insurance payouts for dog bite settlements
  • Request Your Free Dog Bite Consultation with the New Jersey Dog Bite Lawyer

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.

 

I’ve been bitten by a dog

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Dave was awesome helping me through the nightmare world of insurance claims after my daughter was attacked by a neighbors dog. Dave is very friendly, always available and extremally knowledgeable and connected to this process. I highly recommend you call him about your case,

John L.

David Cowhey, Esq. did a great job for my daughter, who had been bit by a dog and left with a scar on her leg. He is an extremely competent and responsive attorney. The whole process was very easy and he negotiated a great settlement! We are very happy. Highly recommend his professional services!!

J S

My experience with David Cowhey was amazing, he is a very knowledgeable and helpful lawyer. I got bit by a dog and it left a very noticeable scar on my leg and David was great to have on my side. He’s very easy to work with, would definitely recommend if you’re going through the same thing!

Michaela S.

Dave is so professional. My daughter was 6 when she was attacked by a friend of the family dog. I contacted Dave’s office and spoke with his secretary. She was so friendly and asked questions that made me feel comfortable. I was amazed by how fast the service was and everything was easy to understand. Dave made sure my daughter was compensated for her injuries and along with pain & suffering. There couldn’t be a more perfect choice but that’s because God helped me choose this great lawyer! He did an excellent job!!! She is 7 now and We are now able to move on better because of the help of Dave. Pick this lawyer!! I PROMISE YOU WONT REGRET ANYTHING AT ALL‼️ Thank you Dave!

Nieja M,

My entire experience with Dave and his team was 5 stars. They specialize in one thing, and this experience taught me why you want an attorney who specializes. Dave's knowledge, experience, and confidence is what made things go smoothly and quickly. Professional and quick responses always. If someone was bitten by a dog I recommend this guy, he will get you what you deserve.

Morgan K.

My wife got bit by a dog last spring; she immediately received medical care and we made a police report- all within 2 hours. Shortly thereafter, we decided to choose Attorney David to represent her. He walked us through the process. It is much more comfortable knowing that his practice only involves dog bites. He knows his stuff! We have just received notice that a fair settlement has been reached. If you have been bitten by a dog, my wife and I would highly recommend David Cowhey for an attorney. Thank you to David and his professional staff!

David D.

My 8 year old son was bitten by a neighborhood dog, leaving permanent scars on his abdomen. I immediately contacted David Cowhey. He explained the process very clearly and made it very easy for us to come to a fair settlement for my son. He was a perfect advocate for us, and he is very compassionate for the victim. We are very pleased with the hard work David has done for our son.

Stephanie D.

Lawyer Dave Cowhey (& his office) helped my wife, son and me immensely over the past 15 months. He is tremendously professional, responsive and proactive, as well as being, a great attorney. Thanks to Dave, we are now able to put our 'incident' behind us. I highly recommend his services - he will work hard and long for you to get you the settlement you deserve.

Seth K G

My experience with Dave and his law firm was wonderful. While I was nervous to start the process of something that I knew nothing about, he was extremely helpful and explained everything clearly and concisely. He answered all of my questions - day or night, weekday or weekend, and made sure I was comfortable at each step. I would highly recommend Dave and his firm!

Ariella L.

I absolutely loved my entire time of working with with Dave. He always kept my best interest in mind and made sure that I was taking care of. He was amazing at communicating all steps in the process with me, and never hesitated to answer any of my questions. Would highly recommend!

Amanda G.

Dave was extremely responsive and guided me thru the process with compassion. His specialization in dog bites really helped facilitate the process. He knows all the insurance issues and, despite the backlog of cases due to Covid, was able to settle my claim for more than we anticipated as well as earlier. I would definitely recommend Dave as I felt comfortable that I was getting the best advice every step of the way!

Kristen J.

Dave did extremely well by me and my family. He was nothing short of professional and assisted us through the entire process. I called him the day of the dog bite, and I followed his instructions to the "T". Him, and his staff, were knowledgeable on every step of the process. From medical advise, to advise on setting up our structured settlement for our child. If you need help right away, don't wait.... call him asap!!!

William W.

Dave was amazing, he handled my case with care , answered every question , email and helped me to understand the steps we needed to take. I had never dealt with a lawsuit before so of course I was nervous and thought I was going to get ripped off but nope. He was very professional and attentive. Hope I never need him again but should I ever need a lawyer for a dog bite i'm calling him first!

Neyia W.

Dave Cowhey was amazing during our case which was very personal in the sense that involved family members. He was candid and professional and always gave us his honest opinion to all our questions and concerns. He's a family man and understands how upsetting the situations are at hand. I wish he was a lawyer for everything honestly, he was fantastic! Highly recommended Dave and his team.

Courtney R.

My one year old dog and I were viciously attacked by a pit bull. I didn’t want to file a law suit initially until I realized the severity of the injuries both mentally and physically. Most lawyers are all about the money not for the justice and compassion of the victim. I am blessed to have found David. He was our hero who understood our situation was efficient knowledgeable and above all sincerely compassionate

Karol M.

Dave was hands on and always available. Steered me through the entire process and helped cover my medical costs and compensation for my scar and injury. Went over and Beyond and made me feel at ease and confident in a positive outcome. Would recommend to all.

COACH B

Honest, fast, responsive and professional. Great experience working with Mr. Cowhey and I highly recommend to handle any dog bite case.

Lilian P.

We contacted Dave when our 5 year old son was attacked by our neighbor's dog, resulting in deep wounds (and now scars) on his face and arm. Dave was extremely knowledgeable/helpful from the start, explaining how everything would work, and he was always available via phone/text if we had questions come up throughout the process. He always gave us all of the options/routes we could take and let us decide what was the best move for our family. He advocated for the best outcome for our son and always kept us in the loop. We were able to settle in a friendly hearing with the homeowner-insurance company, which was simple and straightforward, thanks to all of Dave's hard work behind-the-scenes. We definitely could not have navigated this process ourselves and we are very thankful for the help of Dave and his team!

Elisa H.

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