Dog Bite Attorney in Miami

Injuries & Damages in Miami Dog Bite Cases

Dog bites produce a range of physical injuries depending on the size of the animal and the circumstances of the attack. Common injuries include puncture wounds, lacerations, nerve damage, broken bones, infections such as cellulitis, and permanent scarring or disfigurement. Psychological harm is also compensable. Post-traumatic stress disorder, anxiety, and a lasting fear of dogs are recognized injuries, and they carry particular weight when the victim is a child. According to the CDC, children between the ages of five and nine have the highest rate of dog bite emergency department visits of any age group.

Types of Compensable Damages

Damages in a dog bite claim fall into two categories:

Economic Damages
Medical bills, lost wages, future lost earning capacity, rehabilitation costs, and anticipated future surgical expenses.

Non-Economic Damages
Pain and suffering, mental anguish, emotional distress, and loss of enjoyment of life.

How Florida’s Comparative Fault Rule Affects Recovery

Florida’s modified comparative fault rule, enacted under HB 837 effective March 24, 2023, affects how fault is allocated. If a victim is found more than 50 percent at fault for their own injury, they can’t recover anything. If their share of fault is 50 percent or below, the damages award is reduced proportionately. Insurance adjusters are aware of this rule and may try to assign the victim more fault than the facts support.

What to Do After a Dog Bite in Miami-Dade County

The steps taken in the hours and days after a dog bite can affect the strength of a claim. Seek medical attention promptly, even for wounds that appear minor. Gaps in treatment are routinely cited by insurance adjusters to argue that injuries weren’t serious.

At the scene, or as soon as possible after:

• Get the dog owner’s name, address, and contact information
• Request vaccination records and homeowners or renters insurance information
• Photograph injuries, the location where the bite occurred, and any visible hazards
• Collect contact information from any witnesses

Dog bites in Miami-Dade County can be reported to Miami-Dade County Animal Control by calling 311, or to the Florida Department of Health Miami-Dade County Epidemiology Disease Control and Immunization Services at (888) 330-5574. Reporting creates an official record that may support the claim.

Don’t give a recorded statement to the dog owner’s insurance company, and don’t sign any documents before speaking with an attorney. Statements made early in the process can be used to minimize the value of a claim before the full scope of injuries is known.

For claims arising on or after March 24, 2023, Florida’s statute of limitations gives victims two years from the date of the incident to file suit. Claims that arose before that date may fall under the prior four-year window. Waiting shortens the time available to gather evidence and build a case.

Defenses Dog Owners & Insurers Raise

The two most common defenses in Florida dog bite cases are trespassing and provocation. Neither holds up when the victim was lawfully present and did nothing to tease or harm the dog. Insurance companies sometimes raise these defenses regardless of the facts, using them as leverage to reduce or deny a claim before a full investigation takes place.

Coverage issues add another layer of complexity. Some homeowners insurance policies exclude certain breeds from coverage, including pit bulls, Rottweilers, and Akitas. When the owner’s policy excludes the breed involved, a renters insurance policy held by the dog’s owner may provide an alternative source of recovery. Miami-Dade apartment complexes and HOA-governed communities may also carry liability if they had prior knowledge of a dangerous dog and failed to act.

A Miami dog bite attorney can investigate all potential sources of coverage, counter factually unsupported defenses, and engage with insurers before a recorded statement or early settlement offer affects the claim’s value.