Dog bites can cause serious physical and emotional trauma, leaving victims with hefty medical bills and lasting psychological distress. In Kentucky, dog bite victims have legal recourse to seek compensation for their injuries. If you or a loved one has been bitten by a dog, knowing how settlements work and what factors influence compensation can help you navigate the legal process effectively.

Kentucky's Strict Liability Law for Dog Bites

Kentucky follows a strict liability rule for dog bites, which means a dog owner is automatically responsible for injuries caused by their pet, regardless of whether the dog had a history of aggression. Under Kentucky Revised Statutes (KRS) 258.235, a victim does not need to prove that the owner was negligent or that the dog had previously bitten someone. This law favors dog bite victims by eliminating the need to establish fault beyond the act itself.

However, dog owners might attempt to reduce their liability by claiming comparative fault, arguing that the injured person provoked the dog or was unlawfully on the property when the bite occurred. Understanding these nuances is vital for maximizing your settlement.

Average Settlement Amounts in Kentucky Dog Bite Cases

Settlement amounts vary widely based on a few factors, including the seriousness of injuries and the circumstances surrounding the attack. Nationally, the average dog bite settlement is around $50,000, according to a 2022 report from the Insurance Information Institute (III) and State Farm Insurance. However, some cases in Kentucky settle for significantly higher amounts, particularly when injuries result in disfigurement, permanent disability, or emotional trauma.

Key Factors Influencing Settlement Values

The compensation awarded in a dog bite settlement typically depends on:

1. Severity of Injuries – A minor bite requiring minimal medical attention will result in a smaller settlement than one that requires reconstructive surgery.
2. Medical Expenses – Hospital bills, rehabilitation costs, medication, and ongoing treatments all contribute to the claim's value.
3. Lost Wages – If the injured person misses work due to injuries, compensation may include lost income.
4. Pain and Suffering – Kentucky law allows victims to seek damages for emotional distress, trauma, and diminished quality of life.
5. Permanent Scarring or Disfigurement – Cases involving facial injuries or permanent scars often result in higher settlements.
6. Circumstances of the Attack – If the owner acted recklessly, such as failing to leash a known aggressive dog, punitive damages might apply.
7. Victim's Age – Courts often award higher compensation for children due to long-term psychological effects and potential lifetime scarring.

Types of Compensation Available in Kentucky Dog Bite Claims

Dog bite settlements typically include economic and non-economic damages to cover both tangible and intangible losses.

• Economic Damages:
  • Medical expenses (emergency care, surgery, physical therapy)
  • Lost wages and reduced earning capacity
  • Future medical costs for ongoing treatment
• Non-Economic Damages:
  • Pain and suffering
  • Emotional distress (anxiety, PTSD, phobias)
  • Permanent scarring and disfigurement
  • Loss of enjoyment of life
• Punitive Damages:
  • Awarded in cases where the dog owner exhibited extreme negligence or disregard for safety, such as ignoring previous warnings about the dog's aggressive behavior.

The Role of Homeowners' Insurance in Dog Bite Claims

Most dog bite settlements in Kentucky are paid through the homeowners' insurance policy of the dog owner. According to the III, insurance companies paid over $1 billion in dog-related injury claims in 2022, with an average payout exceeding $64,000 per claim. Kentucky residents often see settlements within this range, but the total payout depends on the policy limits of the dog owner's insurance.

Some insurers exclude certain breeds from coverage, meaning that victims may need to file a personal injury lawsuit instead. If the owner lacks adequate insurance, victims may pursue compensation through other means, such as small claims court (for lower amounts) or a personal lawsuit.

Steps to Take After a Dog Bite in Kentucky

If you've been bitten by a dog, taking the right steps can strengthen your claim:

1. Seek Immediate Medical Attention – Dog bites carry a risk of infection, nerve damage, and rabies exposure. Obtain prompt medical treatment and keep all medical records.
2. Report the Bite – Notify local animal control or law enforcement. A formal report creates a record of the incident, which may be useful in legal proceedings.
3. Document the Attack – Take photos of the injuries received, the dog, and the location of the bite. Collect witness statements if possible.
4. Identify the Dog Owner – Obtain contact and insurance information from the dog's owner. If they are uncooperative, authorities may assist in locating them.
5. Consult a Personal Injury Lawyer – An experienced Kentucky dog bite attorney can help you win a fair settlement and ensure you receive full compensation for your injuries.

Statute of Limitations for Dog Bite Claims in Kentucky

Those injured have a limited window to file a claim. Under Kentucky's statute of limitations (KRS 413.140), dog bite lawsuits need to be filed within one year from the date of the injury. Failure to act within this period may result in losing your right to compensation. However, if the injured person is a minor, the clock might not start ticking until they turn 18, giving them more time to file.

Conclusion

Dog bite cases in Kentucky can lead to significant settlements, especially when injuries result in permanent damage or emotional distress. Because of the state's strict liability law, dog owners are typically held accountable, making it easier for victims to secure compensation. However, factors such as comparative fault and insurance coverage can affect the outcome of a claim.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.