Dog Bite Lawsuit in Florida: How to File and What to Expect
Bitten by a dog in Florida? Learn how to file a dog bite lawsuit, what the process looks like, and what compensation you may be entitled to recover.
Dog Bite Lawsuit in Florida: How to File and What to Expect
Florida's strict liability dog bite law gives victims a strong legal foundation. But knowing you have a right to compensation and actually recovering it are two different things. Here is how a Florida dog bite lawsuit works from start to finish.
Before Filing: Building Your Claim
Most dog bite cases resolve through insurance claims before a lawsuit is ever filed. The process begins with documenting your injuries and identifying the responsible parties.
Step 1: Medical Documentation
Seek medical care immediately and follow through with all recommended treatment. Your medical records are the foundation of your claim. They document:
- The nature and severity of the bite wounds
- Treatment required (stitches, surgery, antibiotics)
- Infection or complications
- Psychological treatment if sought
- Future treatment needs
Step 2: Identify the Dog Owner
You need the owner's name, address, and contact information. If you do not know the owner, animal control can often help identify the dog and owner through licensing records.
Step 3: Report the Bite
Report the bite to local animal control. This creates an official record and triggers an investigation into the dog's vaccination and bite history.
Step 4: Document Everything
- Photograph your injuries at the time of the bite and throughout healing
- Photograph the location where the bite occurred
- Identify and collect contact information for witnesses
- Keep all medical bills, records, and receipts
- Keep a journal documenting pain, limitations, and emotional impact
The Insurance Claim Phase
Most dog bite claims are handled through the dog owner's homeowner's or renter's insurance. Contact the owner's insurer with your claim.
The insurer will investigate the claim, review your medical records, and make a settlement offer. Initial offers are almost always below fair value.
When to Hire an Attorney
Consider hiring a dog bite attorney if:
- Your injuries are serious (deep wounds, surgery, scarring, nerve damage)
- The insurer denies the claim or disputes liability
- The settlement offer does not cover your medical bills and other losses
- You suffered significant psychological trauma
- The bite occurred to your face, hands, or other areas causing permanent scarring
Filing the Lawsuit
If the insurance claim does not resolve the case fairly, your attorney files a lawsuit in the appropriate Florida court.
Where to File
- County court: Claims up to $50,000
- Circuit court: Claims over $50,000
The Complaint
The complaint sets out the facts of the bite, the legal basis for liability (Florida's strict liability statute), and the damages sought.
Service of Process
The defendant (dog owner) must be formally served with the lawsuit.
The Discovery Phase
After the lawsuit is filed, both sides exchange information through the discovery process:
- Interrogatories: Written questions each side must answer under oath
- Requests for production: Documents each side must provide (medical records, insurance policies, prior bite reports)
- Depositions: Sworn testimony taken before trial — the victim, the dog owner, witnesses, and experts may be deposed
Mediation
Florida courts typically require mediation before trial. A neutral mediator helps the parties negotiate a settlement. Most cases settle at or before mediation.
Trial
If mediation does not resolve the case, it proceeds to trial. A jury hears the evidence and determines:
- Whether the defendant is liable
- The amount of damages
Dog bite trials in Florida are relatively uncommon — most cases settle — but having an attorney who is prepared to try the case gives you leverage in settlement negotiations.
What Affects the Value of a Dog Bite Lawsuit
| Factor | Effect on Value |
|---|---|
| Severity of wounds | More severe = higher value |
| Permanent scarring | Significantly increases value, especially facial scarring |
| Surgery required | Increases medical damages and overall value |
| Psychological trauma | PTSD and anxiety are recoverable damages |
| Location of bite | Face, hands, and neck bites typically command higher values |
| Victim's age | Children's cases often involve higher pain and suffering awards |
| Prior bite history | Evidence of prior bites can support punitive damages |
Florida's Statute of Limitations
You have two years from the date of the bite to file a personal injury lawsuit in Florida. Do not wait. See our guide on Florida's personal injury statute of limitations for all key deadlines.
Juan Cordero Lawyers handles dog bite and Slip and Fall Lawyer Florida cases throughout Florida. If you were bitten by a dog and want to understand your legal options, call 305.525.8957 for a free consultation — available 24 hours a day, 7 days a week.
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Written by
Juan Cordero Lawyers
Personal injury attorney with 26+ years of experience. Combat veteran, Adjunct Professor of Law, and Top 100 Trial Lawyer fighting for injured clients throughout Florida.
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