How to File a Lawsuit for a Dog Bite Injury in Texas

How to File a Lawsuit for a Dog Bite Injury in Texas

Dog bites are often sudden and traumatic, leaving victims not only with physical injuries but also deep emotional scars. Afterward, medical bills pile up, work is missed, and the fear of encountering another dangerous dog can linger for months or even years. If you or a loved one has been bitten by a dog in Texas, you may be wondering what steps to take next.
A skilled dog bite lawyer can fight to hold the owner accountable and help you recover the full compensation you deserve. Filing a lawsuit might not be your first thought, but it can be a crucial path to recovering the compensation you need to heal and move forward.

Steps to Take in a Texas Dog Bite Lawsuit

Whether the bite occurred in Austin, Waco, Killeen, Temple, or another Texas community, these actions will help you take control of your situation while strengthening your case.

Step 1: Seek Immediate Medical Attention

The first and most important step after a dog bite is getting medical care. Even if the bite doesn’t look serious, prompt treatment is critical. Dog mouths can harbor harmful bacteria that lead to infections such as tetanus, sepsis, or rabies. Medical professionals will clean the wound, assess its severity, and determine if follow-up care, such as stitches or a rabies vaccine, is necessary.

In addition to protecting your health, seeking medical attention also creates an official record of your injuries. These records will serve as key evidence in any future legal claim.

Step 2: Identify the Dog and Its Owner

Once you are safe and stabilized, try to gather information about the dog and its owner. This might include:

• The dog owner’s name and contact information
• The dog’s vaccination history (especially rabies)
• The dog’s breed and any observable behavior at the time of the incident
• Where the attack occurred (private property, public sidewalk, park, etc.)

If you are unable to collect this information yourself, ask a friend, family member, or witness for help. Taking photos of the dog, the location, and your injuries can also be extremely helpful.

If the owner is not cooperative or cannot be identified, report the incident to your local animal control agency. They may be able to locate the owner and determine whether the dog has a history of aggressive behavior.

Step 3: Report the Incident

Texas law does not require dog bites to be reported in all cases, but filing a report with your local animal control or police department is smart. An official report creates another layer of documentation and could reveal whether the dog has a known history of aggression, a crucial factor under Texas’s “one bite rule.”

In most cities, including Austin and Waco, animal control will conduct an investigation, quarantine the dog if needed, and determine whether any local ordinances were violated. This investigation may become vital in proving liability later in your case.

Step 4: Understand Texas Dog Bite Laws

Texas follows what’s commonly known as the “one bite rule.” Under this rule, a dog owner may not be held strictly liable the first time their dog bites someone, unless they already knew the dog had dangerous or aggressive tendencies. Once that first incident occurs, however, the dog’s history is “on record,” and any future attacks could leave the owner fully responsible for resulting injuries.

To successfully file a dog bite lawsuit in Texas, you generally must prove either:

A) Negligence:

The dog owner acted carelessly or failed to take reasonable steps to prevent the attack. Examples include:

• Letting the dog roam without a leash
• Failing to secure the dog in a fenced yard
• Ignoring leash laws or warning signs

You must show that the owner’s failure to act responsibly caused your injuries.

B) Strict Liability:

The owner knew (or should have known) the dog was dangerous and didn’t take appropriate steps to prevent the bite. This is often used if the dog has a history of biting or aggressive behavior, and the owner failed to warn others or control the animal.

Depending on the facts of your case, your attorney may pursue one or both legal theories.

Step 5: Preserve Evidence

After the shock of a dog bite injury, you may not be thinking like a detective, but gathering and preserving evidence is essential. Start collecting the following:

• Photographs of your injuries, torn clothing, and the location of the attack
• Medical records and bills
• Witness contact information
• Veterinary records or animal control reports for the dog
• Proof of lost wages, if you’ve had to miss work
• Journal entries describing your pain, emotional distress, and daily limitations during recovery

This information will support your claim and help quantify your losses. The more documentation you have, the stronger your case will be.

Step 6: Speak with a Personal Injury Attorney

Dog bite cases in Texas can be legally complex. Proving that an owner was negligent or that they knew of the dog’s dangerous propensities requires a thorough understanding of Texas tort law, local ordinances, and court precedent. That’s why speaking with an experienced personal injury attorney is one of the smartest moves you can make.

Your attorney will:

• Investigate the dog’s history
• Identify the liable parties (owners, landlords, etc.)
• Determine whether negligence or strict liability applies
• Estimate the full value of your damages
• Communicate with insurance companies on your behalf
• File and litigate your lawsuit, if needed

Most dog bite lawyers in Texas offer free consultations and work on a contingency fee basis, meaning you don’t pay any attorney’s fees unless they recover money for you. You have nothing to lose by seeking legal advice and potentially a lot to gain.

Step 7: Know the Statute of Limitations

Texas has a two-year statute of limitations for filing personal injury lawsuits, including those involving dog bites. This means you have exactly two years from the date of the attack to file your claim in court.

Waiting too long to act could permanently bar you from recovering compensation. There are some limited exceptions to this rule, such as when the injured person is a minor, but it’s always best to act quickly. Evidence fades, memories blur, and the sooner you begin your case, the stronger it will be.

Step 8: File an Insurance Claim (Optional Step Before Filing a Lawsuit)

In many dog bite cases, compensation can be obtained without going to court. Dog owners are often covered under:

• Homeowners’ insurance
• Renters’ insurance
• Landlord insurance (in some cases)

Your attorney can file a claim directly with the insurer and negotiate for a fair settlement. If the insurance company offers a reasonable payout, your case may be resolved without a lawsuit. However, if the insurer denies the claim or lowballs your damages, filing a formal lawsuit may be the best option.

Negotiating with insurance adjusters can be tricky. They are trained to minimize payouts and may try to shift blame to you or argue that your injuries aren’t as severe as you claim. Having legal representation levels the playing field and makes it far more likely you’ll receive fair compensation.

Step 9: Filing the Lawsuit

If a settlement can’t be reached through an insurance claim, your attorney will formally initiate the lawsuit process by filing a complaint in civil court. This document outlines:

• The nature of the dog bite incident
• Your injuries and financial losses
• The legal basis for holding the dog owner accountable (negligence or strict liability)
• The damages you’re seeking

The complaint is filed with the appropriate court and served on the defendant, the person (or persons) being sued. They will then have a set period to respond, typically 20 to 30 days in Texas.

This filing marks the beginning of the litigation phase. While the case is now in court, it doesn’t necessarily mean it will go to trial. Many cases are still resolved through negotiation, often with more urgency now that formal legal action has begun.

Step 10: Discovery and Investigation

After the lawsuit is filed, both sides enter a process called discovery. This is when your attorney and the defendant’s attorney exchange evidence and gather additional information through:

• Interrogatories (written questions that must be answered under oath)
• Depositions (recorded, sworn interviews of involved parties and witnesses)
• Requests for documents, such as medical records, veterinary records, and insurance policies

This phase can take several months, depending on the complexity of the case and the number of people involved. The goal is to clarify the facts, narrow the legal issues, and determine whether a trial is necessary or if a settlement can be reached based on the evidence uncovered.

During this time, your attorney may also hire experts to support your claim, such as a medical expert to explain the severity of your injuries or a behavioral expert to assess the dog’s history.

Step 11: Settlement Negotiations

Even after a lawsuit is filed, both parties can and often do continue negotiating toward a settlement. In fact, the vast majority of dog bite injury cases in Texas are resolved before ever going to trial.

Negotiations may be informal or facilitated through mediation, where a neutral third party helps both sides reach a mutually agreeable resolution. Settling outside of court is often faster, less expensive, and less emotionally draining than going to trial.

However, your attorney’s goal will always be to obtain the maximum compensation available. If the defense refuses to offer a fair settlement, your legal team will be ready to take the case to trial.

Step 12: Going to Trial

If settlement efforts are unsuccessful, the case proceeds to trial. This typically involves:

• Jury selection
• Opening statements
• Presentation of evidence and witness testimony
• Cross-examination
• Closing arguments
• Jury deliberation and verdict

A trial allows you to present your story in full. Your attorney will aim to prove that the defendant was legally responsible for your injuries and that you deserve full compensation.

While trials can be intimidating, having a knowledgeable and compassionate legal team by your side makes a world of difference. They will handle every detail and be your strongest advocate throughout the process.

What If the Dog Owner Blames You?

In some cases, the dog’s owner or their insurer may try to shift the blame to you. They might argue that:

• You provoked the dog
• You were trespassing at the time of the bite
• You knew the dog was dangerous and chose to interact with it anyway

These types of arguments are part of what’s known as comparative negligence. Texas follows a modified comparative fault rule, which means:

• If you are less than 51% at fault, you can still recover damages, but your award will be reduced by your percentage of fault.
• If you are 51% or more at fault, you are barred from recovering any compensation.

For example, if a jury awards you $100,000 but finds you 20% responsible, you’ll receive $80,000. An experienced attorney will work hard to minimize any blame assigned to you and highlight the owner’s duty to control their dog.

Special Considerations for Child Victims

Children are particularly vulnerable to dog bites, and sadly, they make up a large share of the victims in Texas each year. Children may not understand how to safely interact with animals and often suffer more serious injuries due to their smaller size.

Texas courts generally offer additional legal protections for minors. For example:

• The statute of limitations may be extended until the child turns 18.
• Courts are less likely to find a child responsible for provoking a dog.
• Juries may award higher damages due to the long-term emotional and physical impact of the attack.

Parents or guardians can file a claim on behalf of their injured child, seeking compensation for medical care, pain and suffering, and any future treatment the child may need.

Call Lorenz & Lorenz, PLLC for Help After a Dog Bite in Texas

At Lorenz & Lorenz, PLLC, we understand how terrifying a dog attack can be. Since 2001, our firm has stood beside injury victims across Texas, fighting fiercely to hold negligent dog owners accountable. With more than $500 million recovered for our clients, we’ve earned a reputation for aggressive advocacy and compassionate support.

We’re available 24/7, offer free consultations, and don’t charge a fee unless we win your case. If you can’t come to us, we’ll come to you. Let us help you get the compensation you need and deserve.

Contact us today at (512) 477-7333 or through our online form to discuss your case with our Texas dog bite lawyer during a free case consultation. 

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