A sudden and unexpected dog attack can leave you feeling shaken, in pain, and unsure of what to do next. The moments after a bite are often a blur of seeking medical help and trying to process the trauma. According to the Centers for Disease Control and Prevention (CDC), approximately 4.5 million dog bites occur in the United States each year, with nearly 885,000 requiring medical attention. The physical wounds, potential for scarring, and emotional distress are significant burdens to carry as you begin the healing process.

Here in Ohio, you should know that the law is on your side, and you have a right to seek compensation for your injuries. In fact, recent data from 2024 places Ohio third in the nation for dog bite-related incidents, underscoring how frequently these events happen in our communities. Navigating the claims process can feel like a heavy weight when you should be focused on recovery. This article is designed to lift that burden by providing clear, straightforward information about what to expect from an Ohio dog bite settlement, helping you understand the value of your claim and the steps toward securing the financial support you need to move forward.

Understanding Ohio's Dog Bite Laws

Ohio operates under a strict liability statute when it comes to dog bites. This means that a dog's owner, keeper, or harborer is automatically responsible for any injury, death, or loss to a person or property caused by their dog. The legal reference for this is Ohio Revised Code § 955.28(B).

What does this mean for you as a victim? Essentially, you do not have to prove that the dog's owner was negligent or knew the dog was dangerous to be eligible for compensation. If the dog bit you, the owner is liable, with a few specific exceptions.

Exceptions to Strict Liability in Ohio

While the strict liability rule is favorable to victims, there are situations where an owner may not be held responsible. These exceptions include cases where the injured person was

• Trespassing or committing another criminal offense on the owner's property.
• Teasing, tormenting, or abusing the dog on the owner's property.

It is important to note that these defenses for the dog owner apply only when the incident occurs on their property. If the bite happens off the owner's property, these defenses are generally not applicable.

The "One-Bite Rule" and Negligence in Ohio

Ohio law also recognizes claims based on negligence. This is sometimes confused with the outdated "one-bite rule," which suggested an owner was only liable if they knew their dog had a propensity to bite. In Ohio, a negligence claim can be pursued alongside a strict liability claim.

To win a negligence claim, your Ohio dog bite attorney would need to demonstrate that the dog's owner failed to use ordinary care to restrain or control the dog, and this failure directly led to your injuries. For instance, if an owner violated a local leash law and their dog bit you, this could be a clear case of negligence.

What Factors Influence an Ohio Dog Bite Settlement?

Every dog bite case is unique, and therefore, every Ohio dog bite settlement will be different. There is no single formula to calculate the exact value of a claim. Instead, the final settlement amount is determined by a combination of factors related to the severity of your injuries and the financial losses you have incurred.

Economic Damages in a Dog Bite Case

Economic damages are the tangible, calculable financial losses resulting from the dog bite. These form the foundation of your settlement and are generally straightforward to document.

Medical Expenses

This is often the most significant component of a dog bite claim. It includes all costs associated with your medical treatment, such as

• Emergency room visits
• Ambulance fees
• Hospital stays
• Surgeries (including plastic surgery for scar revision)
• Physical and occupational therapy
• Psychological counseling for trauma (e.g., PTSD)
• Medications
• Future medical care

It is essential to keep meticulous records of all medical bills and treatment recommendations from your doctors.

Lost Wages and Loss of Earning Capacity

If your injuries prevent you from working, you are entitled to compensation for the income you have lost. This includes salary, wages, bonuses, and any other benefits you would have received. If the injury results in a long-term or permanent disability that affects your ability to earn a living in the future, you can also claim damages for loss of earning capacity. An experienced dog bite lawyer can help calculate these complex, long-term losses.

Property Damage

While less common, you can be compensated for any personal property that was damaged during the attack, such as torn clothing, broken glasses, or a damaged bicycle.

Non-Economic Damages: Accounting for Pain and Suffering

Non-economic damages are intangible losses that do not have a specific price tag but are just as real as economic damages. These are meant to compensate you for the physical pain and emotional distress you have endured.

Pain and Suffering

This category compensates for the physical pain of the initial injury, the discomfort during recovery, and any chronic pain that may persist. The severity and duration of your pain will heavily influence this part of the settlement.

Emotional Distress and Mental Anguish

A dog attack is a terrifying event. Many victims, especially children, develop a long-lasting fear of dogs (cynophobia), post-traumatic stress disorder (PTSD), anxiety, or depression. These psychological injuries are a significant component of a dog bite settlement.

Scarring and Disfigurement

Dog bites often result in permanent scarring, especially on visible areas like the face, hands, and arms. A settlement will account for the physical disfigurement and the associated embarrassment and humiliation. The location and severity of the scar are key considerations.

Loss of Consortium or Enjoyment of Life

If your injuries prevent you from participating in hobbies, activities, or relationships you once enjoyed, you can be compensated for this loss of quality of life. A loss of consortium claim can also be made by a spouse for the loss of companionship and services.

The Role of a Dog Bite Attorney in Maximizing Your Settlement

Attempting to handle a dog bite claim on your own can be challenging, especially when you are focused on your recovery. Insurance companies often try to minimize payouts, and you may not be aware of the full extent of damages you are entitled to. This is where a skilled Ohio dog bite lawyer becomes an invaluable asset.

How an Ohio Dog Bite Attorney Can Help

• Investigating the Incident: Your attorney will gather all necessary evidence, including police reports, witness statements, medical records, and photos of your injuries and the scene.
• Identifying Liable Parties: In addition to the dog's owner, other parties, such as a landlord or property owner, may also bear some responsibility. An experienced lawyer can identify all potential sources of compensation.
• Calculating Your Damages: A knowledgeable dog bite attorney will work with medical and financial experts to accurately calculate the full value of your claim, including future medical needs and lost earning potential.
• Negotiating with Insurance Companies: Your lawyer will handle all communications and negotiations with the homeowner's insurance company. They will fight to ensure you receive a fair dog bite settlement that covers all your losses.
• Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, your attorney will be prepared to file a lawsuit and represent you in court.

The Ohio Dog Bite Settlement Process

Understanding the steps involved can help demystify the process and set realistic expectations.

1. Seek Immediate Medical Attention: Your health is the top priority. Seeking prompt medical care also creates a record of your injuries, which is vital for your claim.
2. Report the Bite: Report the incident to your local police department and animal control agency. This creates an official report that can be used as evidence.
3. Gather Information: If possible, get the dog owner's name and contact information, as well as contact details for any witnesses. Take photos of your injuries and the location where the bite occurred.
4. Consult with a Dog Bite Lawyer: It is highly advisable to speak with an attorney before talking to the dog owner's insurance company. Most reputable lawyers offer a free initial consultation.
5. Investigation and Demand Letter: Your attorney will investigate your case and compile all your damages. They will then send a demand letter to the insurance company, outlining your case and the compensation you are seeking.
6. Negotiation: The insurance company will respond to the demand letter, which usually begins a period of negotiation. Your lawyer will handle this process, advocating for your best interests.
7. Settlement or Lawsuit: The majority of dog bite cases are settled out of court. However, if a fair agreement cannot be reached, your attorney will discuss the option of filing a lawsuit and proceeding to trial.

Ohio's Statute of Limitations for Dog Bite Claims

It is important to act quickly. In Ohio, the statute of limitations for filing a personal injury lawsuit, including a dog bite claim, is generally two years from the date of the injury. For claims based on the strict liability statute, the time limit can be longer, but it is always best to consult with an attorney as soon as possible to preserve your legal rights.

Need Legal Help? Call Brandon J. Broderick Today

If a dog has injured you or a family member in Ohio, you do not have to face the legal and financial challenges alone. The physical and emotional recovery process should be your primary focus. Let a dedicated legal professional handle the complexities of your claim and fight for the justice and compensation you deserve.

At Brandon J. Broderick, Attorney at Law, we have a proven track record of helping injury victims across Ohio. We understand the nuances of the state's dog bite laws and have the experience to stand up to insurance companies. Our team is committed to providing compassionate and effective legal representation to secure the best possible Ohio dog bite settlement for our clients.

Contact us today for a free, no-obligation consultation.