Should I Sign a Financial Affidavit After a Dog Bite Lawsuit in Florida?
If you’re being sued because your dog bit someone in Florida, you may have received a request to complete a financial affidavit. This document asks you to disclose your assets, income, debts, and financial holdings. But should you fill it out? And what does it mean for your defense?
Just like in Florida car accident lawsuits, financial affidavits are used in dog bite cases as part of a strategy to determine whether you’re personally worth suing. At Florida Civil Counsel, P.A., we defend dog owners across Florida—including in Orlando, Tampa, and Miami—who are targeted not just for insurance proceeds but for their personal wealth.
Why Are You Being Asked for a Financial Affidavit?
The injured person’s attorney wants to know whether it’s worth pursuing more than your homeowners or renters insurance policy will pay. This affidavit helps them assess if they could get a bigger payout by suing you personally.
A Tool to Pressure You Into Settlement
Financial affidavits are often used as a negotiation tactic. If you disclose significant assets, the opposing attorney may push harder for a large settlement or trial. But if your finances appear protected or modest, they might be more inclined to accept a lesser amount to resolve the case
Is It Legally Required?
Florida law does not require you to submit a financial affidavit in a dog bite case unless ordered by the court. There is no automatic duty to disclose your finances during early settlement discussions or pre-suit negotiations.
In some cases, such as during formal litigation and discovery, a financial affidavit may be requested. Even then, your attorney can object or limit the scope of what must be disclosed, especially if the information isn’t relevant to the case.
When It Might Hurt Your Case
If you have substantial non-exempt assets—like a second home, investment accounts, or a valuable business interest—sharing that information too early can paint a target on your back. It tells the opposing side that they might collect on a judgment beyond your insurance coverage.
Florida’s homestead exemption protects your primary residence, but not everything else. You might be better off withholding your financial information until it’s legally required.
Learn more about protecting yourself from dog bite claims in our guide to defending Florida dog bite lawsuits.
When It Might Help
On the other hand, if most of your assets are exempt from seizure—such as your home, retirement accounts, or protected wages—disclosing them can actually work in your favor. It may convince the injured party that even if they win a judgment, they won’t be able to collect much beyond your insurance policy.
In that case, a financial affidavit can serve as a deterrent, encouraging the other side to settle for the insurance payout rather than take their chances in court.
What If You Don’t Have Dog Bite Insurance?
Many Florida homeowners are surprised to learn that their homeowners or renters insurance may not cover dog bites—either due to exclusions for certain breeds or because no policy was in place at all.
If you don’t have insurance coverage for the incident, your personal assets may be fully exposed to a judgment. In this scenario, submitting a financial affidavit could do more harm than good, especially if it reveals substantial wealth.
However, if you genuinely have few or no assets, a properly crafted affidavit can sometimes convince the injured party to abandon the lawsuit altogether. Every case is different, and strategic legal guidance is essential.
Insurance Settlements vs. Personal Lawsuits
Most Florida dog bite claims are paid by insurance. But in some cases—especially where the policy limits are low or nonexistent—the injured person may consider suing you personally.
- If they accept an insurance settlement, they typically sign a release and waive the right to sue you further.
- If they reject the settlement, they may proceed with a personal lawsuit targeting your assets.
An experienced attorney can help you weigh the risk and determine whether a financial affidavit will improve or complicate your defense.
Talk to a Florida Dog Bite Defense Attorney First
Whether to submit a financial affidavit is a strategic decision. You should never complete one without first speaking to a defense lawyer who understands the nuances of Florida dog bite law and the financial exposure that comes with it.
At Florida Civil Counsel, P.A., we help clients throughout the state make smart, informed choices—especially when their financial future is on the line.
