A dog bite can be especially upsetting when it happens to your child. While you’re focused on helping them recover, you may also have questions about what their claim could be worth and what happens to any settlement.
Below, we explain what can affect the value of a child’s claim, how the settlement process works, and what parents should know before accepting an offer.
How a Child’s Dog Bite Claim Is Different From an Adult’s
Many parents assume a child’s claim is simply a smaller version of an adult’s. However, the process is different in several important ways.
- Someone has to act for the child. A child cannot bring a claim or sign a settlement themselves. A parent normally acts as the child’s “natural guardian,” which means you can start a claim on their behalf without asking a court’s permission first.
- There may be two separate claims. In many states the child has a claim for their own injuries, pain and long-term effects, while the parent has a separate claim for the medical bills they personally paid. The two can have different deadlines.
- A judge usually has to approve the settlement. Even when the insurer agrees and nobody sues anyone, a settlement for a child normally needs a court to confirm the amount is fair to the child.
- The money is usually protected until adulthood. Rather than a check to the parent, the funds are typically placed in a restricted account, a structured settlement that pays out over time, or a trust.
Whether the dog’s owner is legally responsible in the first place is a separate question, and it depends on the rules in your state.
What Affects the Value of a Child’s Dog Bite Claim
A child’s claim is usually valued higher than the same injury to an adult. There are specific reasons, and they are worth knowing because they tell you what to document.
- Where the bite happened on the body. Facial injuries generally result in higher-value claims, and children are bitten on the face and neck far more often than adults, largely because of their height relative to a dog.
- Age at the time of the injury. A five-year-old with a permanent scar will live with it for decades, compared with an older person who may have fewer years to live with the injury. Insurers and courts can take this longer impact into account.
- Whether the scarring is permanent, and whether more surgery is expected. Research on children with facial dog bites found that deep wounds were common, and roughly four in ten were left with lasting cosmetic or functional effects.
- Documented psychological harm. Emotional and psychological effects can also affect the value of a claim, and we cover this in more detail in the next section.
- Your own out-of-pocket costs as a parent. Medical bills you have paid, travel to specialist appointments, and time off work to care for your child.
Serious child cases involving facial scarring frequently reach six figures. National “average” claim figures are not a useful guide here, because they combine minor bites requiring a few stitches with much more serious injuries. For how compensation is put together generally, see How Much Is a Dog Bite Case Worth?, and for how much money is actually available to pay a claim, see Does Homeowners Insurance Cover Dog Bites?.
Why facial scarring is treated so seriously
Facial scars in children are usually permanent. They can also change as the child grows, which is why surgeons often wait years before attempting to revise a scar and prefer to work once growth is complete.
The effect is social as well as physical, and children are often acutely aware of a facial scar long before adults expect them to be. This is a large part of why these claims are valued the way they are, and another reason not to rush a settlement while your child is still in the middle of treatment.
Future medical and therapy costs
A child’s claim should account for care that has not happened yet, including planned scar revision surgery, dental or orthodontic work after a facial injury, and ongoing therapy. Once a settlement is approved you cannot go back for more if the costs turn out higher than expected, which is why a settlement should not be finalised while the treatment picture is still unclear.
This is a large part of why these claims are valued the way they are, and another reason not to rush a settlement while your child is still in the middle of treatment.
The Part Most Parents Underestimate: Emotional and Psychological Harm
Psychological effects after a dog bite are common in children. Reviews of the evidence describe post-traumatic stress symptoms, nightmares and disturbed sleep, a new or intense fear of dogs, avoiding the place where the bite happened, and regression such as bedwetting or clinginess in younger children. These symptoms can continue long after the physical wound has healed, particularly after more severe attacks.
Signs to watch for in your child:
- Nightmares or trouble sleeping
- A new fear of dogs or going outside
- Avoiding the location where the bite happened
- Becoming withdrawn or unusually clingy
- Regression in a younger child (such as bedwetting)
- Reluctance to go to school or trouble concentrating
- Retelling the incident over and over
- Changes in appetite or mood
- Distress about how they look or hiding the injury
If you notice any of these signs, mention them to your child’s doctor. An early assessment from a doctor or therapist can help your child recover while also creating a record of what they are experiencing, which may be useful evidence if you later pursue a dog bite claim.
Does a Judge Have to Approve a Child’s Dog Bite Settlement?
In most states, a child’s dog bite settlement needs court approval, even when everyone agrees on the amount and no lawsuit has been filed. Some states make exceptions for smaller settlements below a certain amount, but larger settlements will usually need a judge’s approval.
The purpose is to protect your child. Because a child cannot legally agree to give up a claim, a judge reviews the settlement to make sure it is fair and that the money will be properly protected for them. Here is how the process usually runs:
- The settlement is agreed with the insurer, subject to court approval.
- A petition is filed with the court. This usually includes the settlement terms, medical records and a proposal for how the money will be held.
- A guardian ad litem may be appointed. This is an independent person, often a lawyer, whose job is to review the settlement from your child’s point of view and tell the court whether it is fair.
- A short hearing takes place. This may be called a “friendly” hearing or a minor’s compromise hearing. There is usually no dispute to resolve. The judge is reviewing an agreement rather than deciding a case.
- The judge approves the settlement. The court order will usually set out how the funds should be held and when they can be released.
What the judge is actually checking
- Whether the amount is fair given the injury and any treatment still to come.
- Whether enough money has been set aside for future medical and therapy costs.
- Whether the legal fees and expenses being deducted are reasonable.
- How the remaining money will be protected until your child reaches adulthood.
If the judge is not satisfied with the settlement, the parties may need to make changes or renegotiate the agreement before the judge approves it.
Court approval can take anywhere from a few weeks to a couple of months depending on the court and the circumstances. This is one reason a child’s settlement can take longer to pay out than an adult’s.
What Happens to the Money Until Your Child Turns 18
The settlement is your child’s money, and in most cases a parent does not receive it as a lump sum to manage. The court order will set out how the settlement should be held and when it can be accessed.
Parents sometimes assume that a trust will automatically be set up in their child’s name, but that is not always the case. There are three common arrangements, and which one is used depends on the size of the settlement and what the court approves.
- A blocked account is a bank account in the child’s name that cannot usually be accessed without a court order. These are often used for smaller or moderate settlements, with the child receiving the money when they reach adulthood.
- A structured settlement uses the settlement money to purchase an annuity that pays the child according to a set schedule. Payments may begin at 18 or be spread over several years. This can be useful for larger settlements so the full amount does not become available all at once when the child turns 18.
- A trust allows the money to be managed by a trustee according to specific terms. This is more common with larger settlements or when a child has ongoing care needs.
How Long Do You Have to File a Claim for Your Child?
When the injured person is a child, the deadline to sue is usually paused, or “tolled,” until they turn 18. In many states, this means the clock on the child’s own claim does not start running until adulthood, giving families more time than they may expect.
However, that does not mean you should simply wait until your child turns 18. Evidence can fade over time, and there are several important reasons to deal with a claim sooner rather than later.
If the Dog Belonged to Someone You Know
Many dog bites involving children happen around dogs belonging to a relative, friend, or neighbor. Many parents hesitate to make a claim because they worry it will feel like they are blaming someone they know.
It is important to remember that the claim is generally made against the dog owner’s insurance policy, not against the person personally. The insurer handles the investigation and settlement, which is what liability coverage is designed for.
What to Do Next
As a dog bite claim involving a child can be more complex and overwhelming than an adult claim, it is usually worth getting a free case review from a licensed attorney who can explain your options and help make sure you do not settle for less than what your child may be entitled to.
Most people never expect to deal with a dog bite until it happens. That’s why we created Dog Bite Help Center — to help victims understand their rights and the legal process. We are not a law firm. We connect people with experienced dog bite attorneys across the United States, and every article is reviewed by attorneys in our network to help ensure accuracy. The information on this site is general in nature and should not be considered legal advice. For advice about your own situation, consult a licensed attorney.