Average Dog Bite Settlement Amounts (Florida) by Miami Lawyer JZ

This is the ultimate guide to Florida dog bite and injury settlements! If you or someone you know has been bitten by a dog, you’re in the right place.

I’m here to guide you through the jungle of insurance companies and legal stuff. With 20 years of experience under my belt, I’ve seen it all and learned a lot about how to handle these tricky situations.

You see, dealing with a dog bite isn’t just about getting better; it’s also about facing big insurance companies that try to delay and defend against your claims. But don’t worry, I’ve got your back!

I’ll share some simple tricks and tips I’ve picked up over the years to help you stand strong against those insurance giants.

On this page, you’ll find stories about different dog bite cases and settlements. Some of these stories are from my own experience, where I’ve fought tooth and nail for folks just like you. Others are examples from outside my practice, but they all show important lessons about what to do (and what not to do) after a dog bite.

Whether it’s navigating the legal maze or finding the best way to deal with stubborn insurance companies, I’m here to make things clearer and easier for you. So, let’s dive in and arm you with the knowledge you need to tackle your dog bite case head-on!

$87,000 Victory Over State Farm for Dog Bite

Mike, just your regular guy working for FPL, steps into what seemed like just another day on the job in Fort Lauderdale, Florida. He’s out in the field, making his rounds, reading meters at homes, a routine as familiar as the back of his hand.

On this particular day, he finds himself at a customer’s house, where he gets the green light to head into the backyard. Little did he know, his life was about to take a dramatic turn.

As Mike makes his way to the meter, out of the blue, the owner’s Pit Bull, a towering mass of muscle and might, lunges at him.

In an instant, what began as a simple task spirals into a terrifying ordeal.

The dog’s teeth sink into Mike’s arm, leaving him in agony.

A Huge Fight for Justice Begins

In the aftermath of the attack, as the Pit Bull retreated, Mike stood there in shock, his heart pounding like a drum in his chest. The pain was intense, shooting through his arm with a ferocity he’d never known.

It wasn’t just the physical agony that tormented him; it was the gripping fear that the beast might return to finish what it started. Every muscle in his body tensed, ready to flee, even as he felt the warm blood trickling down his skin.

In those moments, time seemed to stand still. Mike was trapped in a whirlwind of pain and panic, his mind racing with thoughts of what could happen next.

Would the dog attack again? Could he make it to safety in time? The uncertainty was as crippling as the bite itself.

This fear wasn’t just a fleeting shadow; it lingered long after the incident, haunting Mike. Every time he stepped into a backyard, the memory of that day, the sharp pain, and the fear of another attack, clawed at his mind, threatening to pull him back into that terrifying moment.

Without hesitation, 911 is dialed, the sirens wail, and an ambulance rushes Mike to the hospital. There, the doctors deliver the unsettling news: Mike’s arm may have suffered nerve damage, and he’s cut some puncture wounds – a constant reminder of the harrowing encounter.

A Enormous Resolve to Fight Back

But Mike isn’t one to just sit back. He’s determined to turn things around.

He wasn’t just worried about his arm and the scar; he was also thinking about how he was going to deal with the dog’s owner and all the bills coming his way.

So Mike started looking for someone who could help him out, someone who knew the ropes when it came to situations like his. He wanted a lawyer, but not just any lawyer. Mike needed someone who’d listen, understand, and really stand up for him.

That’s when Mike found me. He had been searching for a bit, asking around, and looking up lawyers who could help with dog bites and other injuries. When he came across my name, he gave me a call, we talked, and soon after, I was on the case.

Together, we were going to figure out the best way to handle the bills, make a claim against the dog’s owner, and make sure Mike got what he needed to move past this scary moment.

It was about more than just the legal stuff; it was about making things right for Mike.

A Path Toward Recovery

He consults a neurologist to get to the bottom of the nerve damage, but that’s not all. Mike dreams of erasing the marks of that fateful day, of blending that scar into the past where it belongs. So, he sets his sights on scar revision surgery, a chance to make the scar vanish, to blend it seamlessly with his skin, as if the attack never happened.

I step in, guiding Mike to a skilled plastic surgeon who’s willing to take a leap of faith on a letter of protection. This isn’t just any agreement; it’s a promise that Mike will get the treatment he needs now, with the bill hanging in the balance of his settlement. If the settlement falls through, the financial burden falls squarely on Mike’s shoulders.

In this high-stakes journey towards healing and justice, every decision carries weight, every step is fraught with uncertainty. But for Mike, it’s a path he’s willing to tread, armed with resilience and the hope of reclaiming the life he once knew.

After the scary dog bite, Mike went to see a doctor who could fix the scar. This doctor, a plastic surgeon, checked out Mike’s scar and wrote down how much it would cost to make the scar look better.

Mike was feeling okay after all his doctor visits were done. Since Mike was on the job when he got bitten, workers’ comp helped out and paid about $3,700 of his doctor bills.

The Massive Battle with State Farm

But here’s where the story takes a twist: the dog’s owner had home insurance with State Farm, which, believe it or not, covered dog bites. Now, I’ve had my share of run-ins with State Farm, but I’ve got to hand it to them this time—they do cover dog bites.

Now, getting bitten by a dog in someone’s home in Florida and finding out State Farm is the insurer? That’s rare, like less than 6% chance rare. But luck was on our side with Mike’s case. The homeowner was insured by State Farm, and here’s where things got tough.

So when Mike got bitten by that dog and we had to deal with State Farm, it was like stepping into a familiar ring. But let me tell you, State Farm didn’t make it easy. First, they threw out some offers that were so low, they were almost laughable. We’re talking about offers that weren’t much more than Mike’s medical bills, let alone everything else he went through.

But because of what I learned back in my defending days, I knew these lowball offers were just part of their game plan. They were testing us, seeing if we’d blink first. But I’d been on the inside; I knew this trick and had a few of my own.

The Gigantic Turnaround

So, we dug in our heels and got ready for a real showdown. Every time State Farm came at us with another one of those tiny offers, we pushed back harder. It was like a tug-of-war, with each side pulling with all their might.

And let me tell you, it wasn’t a quick fight. It took a bunch of back-and-forth, a lot of standing firm and not giving in. But in the end, all those secret tricks I learned from my defending days paid off.

A Hard-Won Big Victory

We didn’t just get a better offer; we got Mike the kind of money he really deserved, way more than those first silly offers. Getting that $87,000 from State Farm wasn’t just a win; it was like hitting a home run in the bottom of the ninth. It showed that knowing the other side’s playbook can make all the difference. And it sure did for Mike.

And Florida law? It added another layer to this maze. We had to make sure the workers’ comp folks got their share back since they paid for some of Mike’s treatment. They were ready to take a big chunk, but we fought to bring it down from $3,700 to just $1,375. Every dollar we saved was another dollar for Mike.

After all the dust settled, the lawyer fees, the costs, and Mike’s medical bills were all taken care of, he walked away with almost $56,000.

Thank goodness for that State Farm policy covering dog bites. You’d be surprised how many don’t. And some that do have these tiny limits just for dog bites.

If State Farm had set a tiny limit, like only $25,000 for dog bites, that’s all they would’ve offered. And if they didn’t cover dog bites at all? We would’ve been stuck.

But let me tell you, getting that $87,000 from State Farm was no walk in the park. It was a tough, drawn-out fight, but in the end, it was worth it.

Mike got what he deserved, and we proved that even the big battles can be won with the right moves.

Large Confidential Dog Bite Lawsuit

Almost 20 years ago, when I was a lawyer for the other side, I learned a lot from a really big case. It was about a dog bite that was so bad, the person’s face had to be fixed by doctors in a big way. They even had to take off all the skin on the face and then put it back on. I saw the pictures, and they were really gruesome.

This case was a huge battle against a homeowner whose dog did the biting. It showed me all the tricks insurance companies (for homeowners) use to try not to pay much money when something bad happens.

Knowing all this stuff is super helpful now that I’m helping people who get hurt. It’s like I know the other team’s playbook.

So, if you got hurt from a dog bite or anything else, I’ve got the inside scoop on how to deal with those big insurance companies. I’m here to help make sure you get treated fairly and get what you need to fix what happened.

USAA Offers $100K to Settle Injury from Fall (Dog Encounter)

This is not my case.  In 2011, a claimant sustained personal injuries when the claimant fell.  She fell after an encounter with dogs owned by Colleen Brennan, a USAA insured.

The claimant made a pre-suit demand for the $100,000 policy limit of Brennan’s insurance policy. USAA accepted the demand and tendered its check for the policy limits.

Rather than cashing USAA’s settlement check, the claimant, in March 2013, filed a personal injury lawsuit against Brennan.  She sued Brennan and others in the Palm Beach County.

The case is United Services v. Offices of Herssein, 233 So. 3d 1224 – Fla: Dist. Court of Appeals, 3rd Dist. 2017

A dog bite is just one possible type of USAA insurance claim payout.

How Much is the Average Dog Bite Settlement?

The most recent information that I have is from one insurance company.  In 2018, State Farm paid $123 million dollars for 3,280 dog bite and injury claims.  This means that State Farm’s average payout for dog bite claims was $37,500.

In 2016, the average cost paid out for dog bite liability claims (and other dog-related injuries) in Florida was $37,339 in 2016.  This was for all insurance companies in Florida.   This average cost also includes dog-related injuries that have impacted claims such as fractures or other blunt force trauma injuries.

Florida is the state with the second highest number of dog bite claims nationwide.  $49.5 million was paid out in Florida for dog bite liability claims (and other dog-related injuries).

According to ISO, the average homeowners liability claim payout (for bodily injury or property damage) is $19,531.

That is about $18,000 less than the average dog bite payout.

Are You Entitled to Get Compensation for Your Emotional Trauma if You’re Bitten or Injured By a Dog?

Yes.  However, any payout for emotional distress or mental anguish is likely to be highest if you received psychological or mental health treatment as a result of the bite or injury.

There is no substitute to seeing a mental health professional if you need it due to trauma from a dog bite or injury.  Don’t be ashamed if you’re having anxiety or fear that is making life difficult after a dog bite or injury.

A psychiatrist (medical doctor) may prescribes you medication for anxiety for your trauma from a dog bite or injury.  If he or she does, this adds value to the case.  It increases your claim for medical bills.  In addition, it increases your mental anguish claim.

If you make a mental anguish claim as part of a lawsuit, the dog owner’s attorney can request both your past and current mental health records.  However, if you don’t make an emotional distress claim, the defense attorney isn’t entitled to your past and current mental health records.

If you are a delivering for Fedex, UPS or Amazon, and a dog bites you, do you have case?

Yes, assuming that the attack happened in the front of the house. The dog owner should be liable for the attack. If you were working for UPS or Fedex, they should pay you workers’ compensation benefits. Basically, this means that they’ll pay your medical bills and some of your lost wages.

UPS or Fedex will then be entitled to recover the payments that they made for workers compensation relating to the dog attack. But you only need to pay them back if you get money from the dog owner.

I have some good news:

There’s a simple step that you can take that would lower the amount that you must repay your employer for workers comp if you’re bit by a dog while working. And in this instance they need to usually reduce their payback claim by at least 33 1/3% of the settlement. This could save you big money!

So what’s this proven step that can potentially put a huge amount of more money in your pocket?

It’s hiring a lawyer. This isn’t a sales pitch. By law, if you have a lawyer in your claim against the dog owner, workers comp must reduce its payback claim by your pro-rate lawyers fees and costs.

As an example, let say that you were delivering a package for UPS in Miami, Florida. A dog attacks you. As a result, you receive several cuts and stitches to your body. You are left with some small scars. Your health insurance (with UPS) pays $3,000 of your medical bills.

You settle your personal injury case with the dog owners homeowner’s insurance company for $15,000. In this instance, you will likely have to pay UPS back $3,000 from your $15,000 settlement.

If You’re a USPS Postal Worker Who Is Injured By a Dog, Can You Make a Claim?

Yes.  Not only can you make a claim, you must make a claim against the dog owner.

The Federal Employees’ Compensation Act (FECA) says that claimants must, for any injury caused by a person other than the United States (a “third party”), make a claim against the third party and attempt to recover compensation.

Any recovery must be reported to determine if a portion of the recovery is required to be paid to the United States as reimbursement for the FECA benefits that have been paid because of that injury.

If a dog runs towards you, and you fall and suffer injury, is the dog owner liable?

Yes.  The dog owner’s homeowner’s or renter’s insurer should pay you.  This assumes that dogs aren’t excluded on the insurance policy.

Injuries that you can sustain from a fall are a broken wrist, ankle fracture, broken hip, upper leg bone (femur), compression fracture or burst fracture in your spine, broken leg, herniated disc and many others.

If you can prove that the dog caused your fall and injury, the dog owner owes you for your medical bills, lost wages and pain and suffering.

All things equal, it is easier to prove that a fracture (broken bone) was caused by a fall, as opposed to proving that a herniated disc or tear was caused by a fall.

However, you may still be able to show that a herniated disc or tear was caused by a fall.

Do You Need a Permanent Injury To Get Money for Pain and Suffering in a Dog Bite Case?

No.  This is one aspect of a dog bite case that is better for the injured person than most Florida auto accident cases.

Is a Dog Owner Liable Even Though It is The First Time The Dog Bit Someone?

In Florida, Yes.  However, the injured person’s case value is reduced if he or she provoked the dog and this caused the injury.

Some Insurers Exclude Dog Bites for Certain Types of Dogs

Yes. Some offer lower limits based on the breed of the dog.

For example, if a dog owner has $300,000 of liability insurance on his homeowner’s policy with American Bankers Insurance Company, they will only pay up $100,000 if you have a dangerous dog.  If you have a dog that isn’t considered dangerous, they will pay up to $300,000 for the injury.

On the other hand, some companies don’t reduce coverage based on the dog’s breed.  For example, State Farm does not exclude homeowners or renters insurance coverage because of the breed of dog owned.

Are you Limited to the Dog Owner’s Homeowners Insurance if You’re Bit By a Dog?

No. You can sue the dog owner for above his homeowners or renters insurance limits.  However, the reality is that many dog owners won’t have money to pay you.  Or if they do, it may be a small amount.

Your better shot on getting fair value for your case is if the homeowner has a Personal Liability Umbrella Policy (PLUP).  This would provide additional coverage on top of the homeowner’s insurance policy.

Umbrella policies typically have a minimum coverage of $1 million, which can be increased in $1 million increments.  For example, State Farm’s minimum umbrella policy has a minimum of $1 million, and can be increased in $1 million increments.

Is a Dog Owner Liable for a Dog Bite or Injury if They Had a “Bad Dog” Sign?

The owner is not liable if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words “Bad Dog.”  Florida Statute 767.04.  The sign doesn’t have to use the words “Bad Dog”.  It can say “Beware of Dogs” or something to that effect.   Romfh v. Berman, 56 So.2d 127 (Fla. 1951).

However, even with a dog warning sign, the owner is liable if the person’s injuries are proximately caused by a negligent act or omission of the owner.

Even if a “Bad Dog” warning sign is posted, the owner is still liable to a child under the age of 6.  Florida Statute 767.04.

Is a Child’s Case Different if a Dog Bites or Injures Him or Her?

Juries tend to like children.  Thus, they may award a child more money for pain and suffering than to an adult.  A scar on a child may be worth more than on an adult because children tend to be more self-conscious than adults.

In Florida, if the total settlement for a minor child is under $15,000.00, then the parent can settle the case without court approval.

For purposes of settlement approval, a “minor” is a child who is under 18 years old.

If the total settlement exceeds $15,000.00, but the net recovery to the minor equals $15,000.00 or less, the settlement needs court approval.  (744.301/744.387 Fla. Stat.)  This adds the expense of hiring a guardianship lawyer to file documents with the guardianship court to get the settlement approved if a lawsuit hasn’t been filed.  However, the parent gets the settlement check.

If the total settlement exceeds $15,000.00, but the net recovery to the minor equals $15,000.01 or more, the settlement needs court approval.  In addition, the money needs to be placed into a guardianship of the property.  (744.301/744.387 Fla. Stat.). Basically, the parents can’t touch the money.  The minor gets the money when he or she turns 18.

How Long Do You Have to Sue After a Dog Bite?

If a dog bit or injured you in Florida on or after March 25, 2023, you only have two (2) years sue. If you were bit or injured before March 25, 2023, then you have four (4) years to sue.

If you’re bitten by a dog owned by the State of Florida, a city, or a municipality, I don’t know what the time limit is. You also need to put the government on notice. The notice is very specific.

If you’re bitten by a dog owned by the United States government, there a particular requirements before suing.

If you’re bitten or injured by a dog, it’s crucial to talk to a lawyer who specializes in dog bites right away. This way, you won’t miss the deadline for getting the compensation you might be entitled to.

Can You Get Punitive Damages in a Florida Dog Bite Case?

In rare cases, yes.  Punitive damages are designed to punish Let’s look at some real cases where punitive damages were awarded.

In the few cases, where appellate courts have awarded punitive damages for dog bite or injuries, the dog owner did something pretty bad or encouraged the bite.

Typically, in order to be allowed to claim punitive damages, you will need to show that the owner had notice that this dog bit or attacked someone before it bit or attacked you.

In Moran v. Stephens (Fla. Dist. Ct. App. 1972), 265 S.2d 379, a dog bit a woman.  The case went to trial.

She received compensatory and punitive damages.  Compensatory damages include medical bills, lost wages, pain and suffering.

Her husband received compensatory damages for loss of consortium.  He was not allowed to keep the $5,000 in punitive damages that the jury awarded him, since he didn’t get bit or injured by the dog.

Unfortunately, I don’t know why punitive damages were awarded to the wife.  I also don’t know her injuries.

$40K Verdict ($10K for Punitive Damages) After Woman Orders Her Dog To Attack Someone

In Thomas v. Wyatt, 405 So. 2d 1369, 1370 (Fla. 4th DCA 1981) (not my case), Thomas ordered her German Shepherd dog to attack plaintiff.

This is an intentional act that doesn’t occur in most dog bite cases.

Although disputed, there was evidence that the dog advanced toward the Wyatt.  Wyatt ran from the house and was injured when she fell in the driveway.

The jury found that Thomas had committed an assault on Wyatt, that an unprovoked and aggressive act by defendant’s dog had caused damage to Wyatt.

They also found that Thomas was guilty of 70% negligence and Wyatt was guilty of 30% negligence. The jury returned a verdict of $30,000 compensatory damages and $10,000 punitive damages.  Thus, the total ($40,000) was cut down by 30% (Wyatt’s negligence).

The final judgment was likely for $28,000.

$20K Awarded ($10k for Punitives) to Innocent Man Bit By Cops’ Dog After He Followed Instructions

In another case, after he was bitten by a police dog, Priester sued two Riviera Beach Police Officers, Sergeant William Cushing and Officer James Wheeler.  Priester v. City of Rivera Beach, 208 F.3d 919, 925 n.3 (11th Cir. 2000).

It’s important to note that claims that the jury decided were excessive force.  This wasn’t a standard dog bite case against another private individual.

Excessive force claims are against the government or its employees.

The typical dog bite claim is against an individual and isn’t an excessive force claim.

But, there was more to the story than that.  Here is a quote from the court:

Office Wheeler said that Priester should either lie down or Wheeler would release the dog on him. Priester did lie down, but then Wheeler ordered the dog to attack him anyway. When Plaintiff kicked the dog to stop the dog from biting him, Wheeler let go of the dog’s leash, drew his gun, pointed it at Priester’s head and said: “You kick him again, I will blow your mother fucking brains out.” Although Priester was begging that the dog be called off, both Defendants stood and watched “for an eternity” while the dog continued to attack and to bite Priester on both legs.

Priester then testified that the dog’s bites resulted in a total of fourteen puncture wounds on both of his legs. He showed his legs to the jury and pointed out the individual puncture wounds that he said he received as a result of the incident.

The jury believed him and found that Cushing and Wheeler were liable for using excessive force.  The jury returned a verdict in favor of Priester and awarded him $5,000 in compensatory damages payable jointly and severally by Cushing and Wheeler.

Compensatory damages include medical bills, lost wages, pain and suffering.

The jury also awarded $10,000 in punitive damages against Cushing, and $10,000 in punitive damages against Wheeler.

Thus, the total verdict was for $25,000. This isn’t my case.

Which homeowners insurance companies likely cover dog bites in Florida?

State Farm, Liberty Mutual and some others.

Which Liability Insurers Insure Homeowners for Liability Claims in Florida?

State Farm, Nationwide, Allstate, Hartford, Travelers stopped writing claims in Florida.  However, many Florida homeowners are still insured with them.

Those homeowners have older policies (that may have included dog bites and injuries) and the policies have been renewed.  These policies are more likely (than many other insurers) to cover dog bites than from other insurers.

Other companies who insure many Florida homeowners are:

• Universal Property and Casualty Insurance Company
• Citizens Property Insurance Corporation (I’ve heard that they don’t cover dog bites).
• Security First Insurance Company (offers animal liability coverage as an add-on)
• Federated National Insurance Company
• Heritage Property & Casualty Insurance Company
• American Integrity Insurance Company of Florida
• United Property & Casualty Insurance Company
• St Johns Insurance Company
• Homeowners Choice Property Casualty Insurance
• Tower Hill Prime (a Tower Hill Insurance Company)
• People’s Trust Insurance
• ASI Preferred (an ASI Company)
• United Services Automobile Association (USAA)
• Florida Peninsula Insurance Company
• First Protective Insurance Company
• Castle Key Indemnity Company, and Castle Key Insurance Company (subsidiaries of  Allstate)
• Florida Family Insurance Company
• American Bankers insurance Company
• Ark Royal (an ASI Company)
• Tower Hill Signature Insurance Company
• Olympus Insurance Company
• Safe Harbor Insurance Company
• Safepoint Insurance Company
• Cypress Property & Casualty Insurance Company

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This article was published years ago and is periodically updated.