What to Expect When You’re Facing a Dog Bite Lawsuit in Florida

If your dog has been involved in a biting incident, you’re likely feeling overwhelmed and unsure about what comes next. As dog bite defense attorneys who regularly defend dog owners throughout Florida, we’ve created this comprehensive guide to help you understand the timeline of a dog bite claim and what steps to take to protect yourself.

Immediate Aftermath of the Dog Bite

The first 24-48 hours after a dog bite are crucial. Your actions during this period can significantly impact any future legal proceedings. You should document everything about the incident, including the exact location, date, and time of the incident, weather conditions and lighting, any witnesses present, your dog’s vaccination records, photos of the location, and your recollection of events while they’re fresh in your memory.

Contact your homeowner’s insurance company immediately to report the incident. Many policies cover dog bite claims, and prompt reporting is often required under your policy terms.

Initial Claims Period (First 30-90 Days)

During this period, the injured party may seek medical treatment and begin gathering evidence. They might hire an attorney who will start investigating the claim. You may receive requests for various documents, including your dog’s veterinary records, previous incident reports, documentation of warning signs on your property, and training certificates or behavioral assessments.

It’s crucial during this time to avoid discussing the incident on social media, maintain records of all communication about the incident, and consider consulting with a Florida dog bite defense attorney. Continue keeping your dog’s routine vaccinations current and document any existing fence, warning signs, or safety measures.

The Demand Package (3-6 Months Post-Bite)

If the injured party hires an attorney, you’ll likely receive a demand package. This formal document typically includes medical bills and records, lost wage documentation, photographs of injuries, a settlement demand amount, and a deadline for response.

If you have insurance coverage, your insurance company will evaluate the demand and may attempt to negotiate a settlement. This process can take several weeks to months, depending on the complexity of the claim and severity of injuries.

Pre-Lawsuit Negotiations (6-24 Months)

During this phase, several rounds of negotiations may occur between your insurance company and the claimant’s attorney. They’ll typically discuss disputed facts about the incident, Florida’s dog bite statute requirements, comparative negligence arguments, and various settlement offers and counteroffers.

The Lawsuit Phase (If Settlement Isn’t Reached)

When pre-suit negotiations fail to reach a settlement in a Florida dog bite case, the opposing attorney will file a formal lawsuit in court. The process begins with serving the complaint to the defendant, who has 20 days to respond. Knowing what to do if you’ve been served with a dog bite lawsuit can make all the difference.

The discovery phase follows, usually lasting 3-8 months. During this time, both sides exchange information through written questions (interrogatories), document requests, witness depositions, property inspections, and expert evaluations. Florida courts require mediation before a case can proceed to trial, bringing both parties together with a neutral mediator to attempt settlement. Many cases resolve during this phase, as mediation offers a structured opportunity to reach an agreement.

If mediation proves unsuccessful, the case moves forward to trial preparation and potentially a 2-5 day trial where a jury decides liability and damages. The entire lawsuit phase timeline can vary significantly depending on factors like court schedules, case complexity, number of parties involved, and whether appeals are filed. Throughout this process, your attorney handles all legal proceedings while advocating for your interests, from filing motions and preparing evidence to presenting your case at trial if necessary.

Your Rights Throughout the Process

Your primary focus throughout this timeline should be protecting your legal rights while working toward a fair resolution. This means keeping all documentation organized, maintaining contact with your insurance company, following your attorney’s guidance, continuing to document any relevant information, staying off social media regarding the incident, and maintaining your property safety measures.

When to Contact a Dog Bite Defense Attorney

While your insurance company may provide a defense attorney if a lawsuit is filed, consulting with a personal injury defense attorney early in the process can help protect your interests. Many Orlando attorneys offer consultations to discuss your rights and options under Florida law.

Understanding this timeline helps you prepare for what’s ahead and take appropriate steps to protect yourself. Every dog bite case is unique, but having knowledge of the general process allows you to make informed decisions at each stage.

For more information about defending against dog bite claims in Florida or to discuss your specific situation with an Orlando attorney, contact our office today. Our team represents dog owners throughout Florida, including Orlando, Tampa, Miami, and Jacksonville.