How to write a demand letter for a dog bite injury. Covers strict liability, one-bite rules, homeowner's insurance, and calculating your damages.">

Demand Letter for Dog Bite: How to Get Compensated

Getting bitten by a dog is terrifying, painful, and expensive. Between the ER visit, potential surgery, rabies shots, and the psychological aftermath, the costs add up fast. And the person responsible — the dog's owner — often doesn't want to pay.

A demand letter changes that dynamic. It's a formal notice that tells the dog owner (and their insurance company) exactly what happened, what you're owed, and what happens if they don't pay. For dog bite claims, demand letters are especially effective because the law is heavily on your side in most states.

Dog Bite Laws: You Have More Rights Than You Think

Dog bite liability varies by state, but the trend is clear: the law favors bite victims. There are two main legal frameworks:

Strict Liability States (Majority)

In strict liability states, the dog owner is automatically liable for bite injuries. You don't need to prove they were careless, that they knew the dog was dangerous, or that they did anything wrong. The dog bit you, they own the dog, they pay. It's that straightforward.

Strict liability states include: California, New York, Florida, Illinois, New Jersey, Massachusetts, Michigan, Ohio, Pennsylvania, and about 30 others.

One-Bite Rule States

A handful of states follow the "one-bite rule" — the owner is liable only if they knew or should have known the dog was dangerous. But "should have known" is a low bar. Evidence of prior aggression, growling at neighbors, straining at the leash, previous complaints to animal control, or the dog being a breed with known aggressive tendencies can all establish knowledge.

One-bite states include: Virginia, Texas, Georgia, North Carolina, and a few others. Even in these states, you may also have a negligence claim (the owner failed to properly restrain or control the dog).

Local Leash Laws and Ordinances

If the dog was off-leash in violation of a local leash law when it bit you, the owner was negligent per se — meaning the law violation itself proves negligence. This applies in both strict liability and one-bite states and strengthens your claim significantly.

Who to Send Your Demand Letter To

Send your demand letter to two parties:

  1. The dog owner directly. This puts them on legal notice and starts the clock on your deadline.
  2. Their homeowner's or renter's insurance company. This is where the money actually comes from. Dog bite claims are covered under the liability portion of homeowner's and renter's insurance policies (unless the breed is specifically excluded).

If you don't know the owner's insurance company, your demand letter to the owner should request their insurance information. They're not legally required to provide it in most states, but once you file a lawsuit, it comes out in discovery — and they know that.

Documenting Your Dog Bite Claim

Strong documentation is what separates a five-figure settlement from a lowball offer. Start collecting evidence immediately:

At the Scene

  • Photos of your injuries — take them immediately and daily as they heal (or worsen)
  • Photos of the dog and location where the bite occurred
  • The owner's name, address, and phone number
  • Witness names and contact information
  • File an animal control report — this creates an official record and may reveal prior incidents

Medical Documentation

  • Emergency room records and bills
  • Follow-up treatment records (surgery, stitches, wound care)
  • Rabies post-exposure prophylaxis records (this series costs $3,000-$7,000 alone)
  • Physical therapy records
  • Mental health treatment records (PTSD, anxiety, phobias are common after attacks)
  • Plastic surgery or scar revision consultations

Financial Documentation

  • All medical bills and explanation of benefits (EOBs)
  • Lost wages documentation (pay stubs, employer letter)
  • Receipts for medication, bandages, and other out-of-pocket expenses
  • Estimates for future treatment (scar revision, ongoing therapy)

Calculating Your Damages

Dog bite damages fall into three categories:

Economic Damages (Hard Numbers)

  • Medical bills (past and estimated future)
  • Lost wages and lost earning capacity
  • Property damage (torn clothing, broken glasses, damaged phone)
  • Transportation to medical appointments
  • Home modifications if needed (rare, for severe attacks)

Non-Economic Damages (Pain and Suffering)

  • Physical pain and discomfort
  • Emotional distress, anxiety, PTSD
  • Scarring and disfigurement
  • Loss of enjoyment of life (fear of dogs, avoiding outdoor activities)
  • Loss of consortium (impact on spouse/family relationships)

How to Calculate Pain and Suffering

Insurance companies typically use a multiplier method: your economic damages multiplied by a factor of 1.5 to 5, depending on severity. For a minor bite that healed without scarring, expect 1.5-2x. For a bite requiring surgery, causing permanent scarring, or involving a child victim, expect 3-5x.

Example: $15,000 in medical bills + $3,000 in lost wages = $18,000 in economic damages. With a 3x multiplier for moderate severity: total demand = $54,000 + $18,000 = $72,000.

What to Include in Your Demand Letter

The Facts

Describe the incident in clear, chronological order. Where were you? What were you doing? Was the dog on a leash? What happened? Keep it factual — no embellishment, no emotional language. The facts are powerful enough on their own.

Your Injuries

Detail every injury, every treatment, and every ongoing symptom. Be specific: "The bite to my right forearm required 12 stitches and left a 3-inch scar" is better than "I was badly hurt."

Your Damages

List every dollar amount with supporting documentation attached. Medical bills, lost wages, out-of-pocket expenses — everything. Then state your pain and suffering demand with a brief explanation of the multiplier method.

Legal Basis

Cite your state's dog bite statute. In a strict liability state: "Under [State Code Section], the owner of a dog is liable for damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place." In a one-bite state, cite the evidence that the owner knew or should have known the dog was dangerous.

Your Demand

State the total dollar amount and a deadline for response (21-30 days is standard for insurance claims). Mention that you'll file a lawsuit if the claim isn't resolved.

Dealing with the Insurance Company

After sending your demand letter, the insurance company will likely:

  1. Assign an adjuster who will contact you to discuss the claim
  2. Request a recorded statement — you are NOT required to give one, and many attorneys advise against it
  3. Make a lowball initial offer — this is standard negotiating procedure, not their final answer
  4. Negotiate back and forth until a settlement is reached or you file suit

Key tip: Don't accept the first offer. Insurance adjusters are trained to minimize payouts. Counter with your documented damages and hold firm on your calculated amount. If they won't come close to a reasonable number, small claims court (for smaller amounts) or a personal injury attorney (for larger claims) is your next step.

Special Situations

Child Victims

Children under 10 account for the highest rate of dog bite injuries, and bites to the face and head are far more common in children. Claims involving children typically receive higher settlements because of the severity of injuries, potential for permanent scarring during formative years, and the emotional trauma on a developing mind. Courts and juries are also extremely sympathetic to child victims.

Breed-Specific Insurance Exclusions

Some homeowner's insurance policies exclude certain breeds (pit bulls, Rottweilers, German Shepherds, etc.). If the owner's policy excludes their dog's breed, you'll need to pursue the owner directly. Many owners in this situation carry umbrella policies or have assets worth pursuing.

Landlord Liability

If the dog bite occurred at a rental property, the landlord may also be liable — especially if they knew a tenant had a dangerous dog and failed to act. Send a separate demand letter to the landlord and their insurance company.

Multiple Dogs

If multiple dogs were involved in the attack, each owner is potentially liable. Send separate demand letters to each owner and their respective insurance companies.

Common Defenses (And How to Counter Them)

  • "You were trespassing." If you were lawfully present (invited guest, mail carrier, delivery person, on public property), this defense fails. Even trespassers have some protections in strict liability states.
  • "You provoked the dog." Provocation requires intentional, aggressive action toward the dog. Petting a dog, walking near it, or being present near its territory is NOT provocation.
  • "The dog has never bitten before." Irrelevant in strict liability states. In one-bite states, counter with evidence of aggressive behavior short of biting.
  • "You assumed the risk." This defense typically only applies if you were a veterinarian, dog groomer, or other animal professional acting in that capacity at the time of the bite.

When to Get an Attorney

A demand letter is effective for straightforward dog bite cases, especially those under $25,000. Consider hiring a personal injury attorney if:

  • Your damages exceed $25,000
  • The bite caused permanent scarring or disfigurement
  • Surgery was required
  • A child was the victim
  • The insurance company denied the claim or made an unreasonably low offer
  • There are complex liability questions (multiple dogs, landlord involvement, trespassing issues)

Most personal injury attorneys offer free consultations and work on contingency (33-40% of the settlement), meaning you pay nothing upfront.

The Bottom Line

Dog owners are responsible for their animals. When a dog bites someone, the owner's insurance (or the owner directly) should pay for the resulting damages. A well-crafted demand letter with thorough documentation, specific damages calculations, and accurate legal citations puts you in a strong position to get fair compensation without hiring a lawyer or going to court.

The key is acting quickly, documenting everything, and being specific about your damages. Don't minimize your injuries, don't accept the first lowball offer, and don't let the dog owner or their insurance company convince you that you're somehow at fault for being bitten by their dog.

Create Your Dog Bite Demand Letter

Don't let a dog owner dodge responsibility. Our free generator creates a professional demand letter with state-specific legal citations.

Start Your Demand Letter

Key Takeaways

  • Most states hold dog owners strictly liable for bite injuries, meaning you don't need to prove the owner was negligent
  • Your demand letter should go to the dog owner AND their homeowner's or renter's insurance company
  • Document everything immediately: photos of injuries, medical records, witness statements, and animal control reports
  • Dog bite claims average $58,000 in insurance payouts, so don't settle for less than your damages warrant
  • The statute of limitations for dog bite claims is typically 2-3 years, but acting quickly strengthens your case

Related Articles