TL;DR: Choosing whether to settle or go to trial after a dog bite injury depends on the strength of your case, the extent of your injuries, and the fairness of the settlement offer. Settlements are faster, but trials may yield higher compensation. O’Hara Law Firm helps clients evaluate the best course of action, often achieving six-figure outcomes.
- Settlements are faster, less formal, and often reached during or after the discovery phase.
- Trials take longer but may result in significantly higher compensation, especially with strong evidence.
- Medical treatment duration affects settlement timing; wait until care is complete.
- Insurance factors can delay or hasten settlement depending on policy limits and liens.
- Clear negligence can accelerate settlement; disputed liability slows it down.
- Unsettled cases go to trial, where a judge or jury decides compensation.
- Trial duration varies by injury severity, liability disputes, witnesses, court scheduling, and ongoing negotiations.
- O’Hara Law Firm works on contingency and supports clients through both settlement and trial.
When filing a successful dog bite claim, you typically have two choices. You can either settle or go to trial.
Accepting a settlement means accepting an offer from the defendant’s attorney or insurance company. Going to trial is more time-consuming, but can yield significantly higher compensation under certain circumstances. For example, the O’Hara Law Firm in Houston has recovered six figures for dog bite victims.
Are the extra court fees and attorney hours worth a potentially higher payout? And what do you do if the settlement offer isn’t reasonable?
In this guide, we’ll answer the most common questions about pursuing a dog bite injury case. Continue reading to learn when it’s wisest to settle and when going to court makes more financial sense.
When Are Dog Bite Settlements Reached?
If no verdict has been reached and the case isn’t presented in a trial, the defendant or plaintiff can offer a settlement. A settlement is any resolution to a legal claim made outside of court. Dog bite settlements usually involve compensation for medical treatment and disfigurement.
In many cases, the settlement amount will adequately cover your medical bills and associated expenses. However, an experienced dog bite attorney can help determine if the offer is truly adequate or not.
Some dog bite case settlements are as early as the mediation process. This typically happens after the pre-trial discovery phase, when evidence is gathered and cases are built. Some dog bite victims appreciate this less formal, flexible approach to negotiation. You are more likely to reach an early settlement if it’s highly apparent that one party is liable for the damages.
What if the settlement offer is less than what you’re entitled? At that point, many dog bite victims consider going to trial. To proceed, hire a skilled attorney to negotiate the full amount your case is worth.
Factors that Contribute to Dog Bite Settlement Speed
Several factors can impact the time it takes to reach a settlement. We’ll discuss the three most common factors below.
1. Medical Care Duration and Dog Bite Settlements
Not every dog bite is easily treated. You may find that your injuries take a considerable amount of time to treat or that you experience long-lasting damage.
Before accepting a settlement, wait until you complete your medical treatment or receive an accurate prognosis, if possible. It’s important to understand the full scope of your medical care costs upfront. Otherwise, the defendant’s insurance company is likely to offer you an unfair settlement. By waiting, you’ll have a greater chance of securing full compensation for your injuries.
Quick settlement offers while you’re recuperating should be considered with skepticism. They are often an attempt to get you to settle before the full extent of your damages becomes clear.
2. Medical Insurance And Dog Bite Settlements
Even if you have access to medical insurance and your bills are adequately paid for, your dog bite case won’t settle any faster.
Why? Insurance companies know in that situation a jury verdict is not likely to exceed the insurance policy limits. Because of this, there’s no pressure put on an insurance carrier to settle quickly. Larger insurance companies are also more likely to drag out the entire settlement process. This can add up to significant case expenses over time.
On the other hand, some cases may result in a verdict that’s higher than the coverage available. This is when insurance companies are more likely to offer a fast settlement.
Settling quickly can protect the insured homeowner. It also avoids the possible risk of them paying more than the policy limit. This can sometimes occur due to their insurer’s negligence and lack of care.
When Medicaid or Medicare steps in to pay some or all of your medical bills, you’ll most likely need to reimburse those payments. A portion of your settlement needs to be put aside to pay those medical liens. Most of these liens are negotiable, but just having them causes a delay in receiving your settlement money.
3. Obvious Negligence and Dog Bite Settlements
When negligence is obvious and apparent, your case may settle faster. For example, if the owner knew their dog was aggressive or had a bite history and was allowed to run loose. In those clear cases, evidence of obvious negligence may expedite the case.
But obvious negligence isn’t always the case. The dog’s owner might state that the victim provoked their dog. They can make that claim even if there’s no evidence to support their accusations. The owner might also claim that the victim was trespassing.
Ultimately, any allegations can delay when your claim will settle.
What Happens If No Settlement Is Reached?
In nearly all cases, the parties are able to reach a settlement. Should no settlement be reached, however, your personal injury lawsuit will go to trial. A dog bite trial is almost always the less likely scenario.
Going to trial typically takes considerably longer than negotiating a settlement. Keep in mind that you may accrue court fees and other legal fees during this time. You may want to inquire whether your lawyer works on a contingency basis.
Once in court, your case will be heard by a judge or jury of your peers. They’ll examine all the evidence in your case and decide what the best outcome is. We recommend hiring a dog bite attorney with excellent reviews to represent you in court.
How Long Do Court Cases Involving Dog Bites Take?
Every dog bite case is different. Should your dog bite lawsuit make its way to court, many factors determine how long your dog bite court trial will take.
Factors that impact the length of a trial include:
- Severity of Injuries: More serious injuries require more medical evidence and expert testimony.
- Disputed Liability: If the dog owner contests fault or claims provocation, trials can take longer.
- Texas “One Bite Rule”: Proving prior knowledge of a dog’s aggression adds complexity.
- Number of Witnesses: More witnesses and experts can extend trial time.
- Court Scheduling: Busy dockets in places like Houston can lead to split or delayed trial dates.
- Ongoing Settlement Talks: Mediation or late-stage negotiation can pause or postpone a trial.
While there is a deadline to file, there is no set amount of time a claim will take. While your attorney can offer advice on whether to accept an offer, the decision is ultimately yours.
An Experienced Dog Bite Attorney is Ready for Anything
Not every dog bite attorney is prepared to go to trial. You need to find an experienced team that will fight for you.
Whether you choose to settle or go to trial, O’Hara Law Firm will support you all the way. We work on a contingency basis. That means you don’t have to pay unless we win.
Schedule a free consultation to discuss your dog bite injury case today.