You do not have to accept a dog bite settlement offer. A first offer is normally a starting point rather than the insurer’s final position, and rejecting it or asking questions about it is a routine part of the process.
Before you respond, do not sign the release form and do not deposit any check that came with it. Either one can close your claim permanently.
Below, we explain why first offers are often low, what the offer actually covers, what you give up by signing, and how to counter.
Should You Accept the First Offer?
Usually, it is best not to accept the first settlement offer straight away. First offers tend to be based on the medical bills and information the insurer has received so far, meaning anything you have not yet documented is unlikely to be included. They also tend to put a low value on things like pain and scarring. And if you are still receiving treatment, the offer may not account for your future medical expenses either.
You can reject an offer, ask the insurer how it was calculated, and negotiate for a higher amount. This is a normal part of the claims process, and insurance adjusters handle these negotiations regularly. This is why a free case review with a dog bite attorney can be helpful, as they can help you understand what your claim may actually be worth.
If the insurer’s letter asks you to respond within 30 days, that is usually the insurer’s own deadline rather than the legal deadline for your claim. You can ask for more time in writing, and the insurer may agree to extend it. The deadline you need to pay particular attention to is the statute of limitations for filing a lawsuit, which is set by your state and is separate from the insurer’s response deadline.
What to Do Before You Respond
The days between receiving a settlement offer and responding to it are worth using carefully. A few simple steps can help protect your position without committing you to accepting the offer.
- Do not accept the offer over the phone. If the insurer makes the offer over the phone, ask them to send it by email or letter so you have a clear record of the amount and terms.
- Do not sign the release. The release is the document that formally closes your claim and prevents you from seeking additional compensation later.
- Do not deposit any settlement check. Cashing a settlement check could potentially be treated as accepting the offer, even if you have not signed anything. Leave the check untouched until you are certain you want to accept the settlement.
- Keep a record of your communications. Save letters and emails, and consider following up important phone conversations with a short email summarizing what was discussed. This gives you a written record if there is a disagreement later.
What the Offer Covers, and What Is Usually Missing
A settlement offer is meant to compensate you for the full range of losses caused by the dog bite, not just the medical bills you have received so far. Before deciding whether an offer is fair, compare it against the full impact of your injury:
- Medical costs so far. This can include emergency treatment, follow-up appointments, medication, and travel expenses related to your care.
- Treatment still to come. If your doctors expect you to need future treatment, such as scar revision surgery, physical therapy, dental work, or counseling, those potential costs should also be considered.
- Lost income. This can include income you have already lost because of the injury, as well as future time you may need to take off work for treatment or recovery.
- The impact on your life. Compensation may also account for things such as scarring, lasting limitations in how you use your hand or arm, and the emotional effects that can follow a dog attack.
Things like scarring and emotional distress do not come with an exact dollar amount, but they can still have a significant impact on what your claim may be worth. This is another reason why a free case review from a dog bite attorney is strongly recommended.
Should You Settle Before Your Treatment Is Finished?
Waiting can be difficult when medical bills are already arriving. However, it is usually better to wait until you reach maximum medical improvement (MMI), is the point at which your injuries have stabilised and your doctors have a clearer idea of your long-term recovery. Until then, it can be difficult to accurately estimate the cost of future treatment, meaning an early settlement may be based on incomplete information.
You can get a better idea of where you stand by asking your doctor at your next appointment whether you have reached MMI, what additional treatment you are likely to need, and whether any scarring is expected to be permanent. A claim that takes longer is also often a sign that it is being valued properly rather than a sign that something has gone wrong.
What to Do Next
A settlement offer is the start of a conversation, not necessarily the end of your claim. You should always carefully review the offer and make sure you understand what you are agreeing to before signing anything.
If you are unsure whether the offer is fair, a free case review can give you a second opinion before you make a permanent decision. It does not mean you have to file a lawsuit. It simply gives you an opportunity to have someone who deals with these offers every day look at yours and tell whether it reasonably reflects your injuries and losses.
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.