My dog was attacked by a large dog and needed medical care. How long do I have to demand reimbursement and/or file a case?

Asked about 1 year ago - Delray Beach, FL

My dog was attacked by a large dog and needed emergency surgery and is still needing ongoing wound care. How long do I have to demand reimbursement from the owner of the attacking dog? How long can I give them to reimburse? I want to be reasonable, but I don't want to provide too long a period of and miss an opportunity to file in small claims court if he never pays. What is the statute of limitations to file in small claims court from the date of the incident? Is there a requirement to demand payment within a certain amount of days? I am holding off because my dog's wound is still needing care so the costs are not final yet.

Attorney answers (5)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Do so asap. See if they have a homeowner's insurance policy that will cover it.

  2. Irwin Ast

    Contributor Level 8

    2

    Lawyers agree

    Answered . If the person did not have homeowners insurance sometimes people have what is called umbrella insurance which might cover this claim. Also if this happened in some kind of private apartment complex you may be able to hold the apartment complex liable if there is a policy on the maximum size dog allowed to reside at the property. Most homeowners policies do exclude the acts of dogs, even refering to the dog by name within the policy.

    The response herein is not legal advice and does not create an attorney/client relationship. The response is in... more
  3. Timothy George Kerrigan

    Contributor Level 15

    3

    Lawyers agree

    Answered . You do not state when the attack happened so I would support Attorney Lassen's answer and suggest you do so asap so as to ensure that you are within the statute of limitations.

    No information provided in response to these questions can be relied upon in any way without further personally... more
  4. Todd Marc Liebesfeld

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Realistically, your options are most likely dictated by the homeowner's insurance policy of the dog owner. In that regard, more often than not, HO policies do not cover the actions of dogs, though some policies do. The only way to know would be to get a copy of the owner's policy. In most instances, an attorney will not pursue this type of case unless the attorney believes there is an insurance policy he can collect from. This does not mean that you need for there to be insurance coverage for,the matter at hand to file suit or recover money but that it is generally impractical to do so because it is generally harder to collect on a matter without insurance coverage. Different legal actions have different statutes of limitations. Because of the same, you always want to pursue legal recourse sooner rather than later; that way you do not miss your legal opportunity. I hope this helps.

  5. Christopher Michael Davis

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . You may be able to pursue a claim through the dog owner's home owner's/renter insurance policy. Contact an animal rights attorney in your area to go over your legal options.

    Any accident and legal information provided by Davis Law Group to non-clients is for general information purposes... more

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