What Medical Expenses Can Be Compensated in a Dog Bite Claim?
Key Points:
- A dog bite victim can recover the full cost of any needed medical treatment, including emergency room visits, surgeries, physical therapy, and rabies vaccines.
- If the owner knew the dog was aggressive or carelessly managed the dog in violation of a local ordinance, they may be held financially responsible for medical bills.
- Many medical treatment costs are recoverable, but plastic surgery, mental health counseling, and treatment for unrelated conditions that worsened after the attack may require additional evidence or expert testimony.
- Depending on the context and evidence in your case, you can expect anywhere from a few thousand dollars for your medical bills to much more in total damages.
Experiencing a dog bite or attack can lead to significant medical and legal challenges, impacting various aspects of your life. You might lose work due to pain or deal with the negative impact on mental health. And on top of that, you have to pay for it all!
Or do you? Georgia law provides dog bite victims with options to recover medical expenses. This guide outlines which expenses are reimbursable and how to hold responsible parties accountable.
Understanding Legal Responsibilities for Dog Bite Injuries in Georgia
Anyone in Georgia can be held liable for injuries caused by their dangerous or vicious animal (O.C.G.A. § 51-2-7). Dog owners can be forced to pay for injuries if three conditions are met:
- The dog was vicious or dangerous, with a history of biting or attacking someone before.
- The owner knew their dog was dangerous based on past experiences.
- The owner managed their dog carelessly, such as not using a leash or letting them roam.
Dogs aren’t presumed vicious or dangerous in Georgia law; owners are held liable for not properly managing their pet.
You may wonder why this matters. If you can prove the owner is at fault, they are liable for paying for all reasonable and necessary medical expenses that resulted from the bite.
What Types of Medical Expenses Come with a Dog Bite?
Dog bites aren’t as simple as they seem. From emergency room visits to physical therapy, a single bite can cause countless medical visits and expenses.
Emergency Room and Hospital Bills
Going to an emergency room for severe dog bites is common:
- Transport to hospital from emergency services,
- Emergency room evaluation,
- Wound cleaning and stitches or staples,
- X-rays or diagnostic imaging, and
- Overnight hospital stays for severe injuries.
Rabies Shots and Infection Prevention
If the dog that bit wasn’t up-to-date on vaccinations, you’ll likely need a series of rabies shots. These shots are not cheap, and Georgia courts routinely include them as compensable medical expenses. In one case, the court noted the victim received a rabies shot and stitches at the hospital because the dog didn’t have a current rabies tag (Praylo v. Deloach).
Surgery and Hospitalization
Severe dog bites often require surgery, sometimes spanning multiple procedures. One dog bite victim “spent ten days in the hospital immediately following the attack and three months in a wheelchair, and had to undergo numerous surgeries and procedures, including debridement, skin grafts, and the partial removal of her Achilles tendon.” The jury awarded them over $5.6 million in total damages (Steusloff v. Finelli).
In another case, the plaintiff required emergency surgery on his arm and incurred $51,000 in medical expenses (S&S Towing & Recovery, Ltd. v. Charnota).
Physical Therapy and Rehabilitation
Many dog bite victims need physical therapy to regain strength or mobility after their injuries heal, as long as they are connected to the bite injuries. In Jones v. Bebee, the victim “required physical therapy due to difficulties that she experienced with moving her arm and leg even after swelling subsided.”
Scar Reduction and Plastic Surgery
Dog bites frequently leave visible, expensive scars, especially on the face, arms, and legs. Reconstructive procedures can cost thousands of dollars but are recoverable when tied to the bite. Consider these examples:
One victim “underwent a procedure to reduce the visibility of scarring to her body; but the pain from the procedure was so great that she could not continue the treatment” (Jones v. Bebee).
In Scenna v. Astra Plastic Surgery LLC, a dog bite victim required a paramedian forehead flap nasal reconstruction after being bitten on the nose.
Mental Health Counseling and Therapy
A dog attack can be traumatic, with emotional scars lasting as long as physical ones. Georgia courts recognize mental health counseling as a legitimate medical expense that can be recovered in a dog bite claim, such as in Jones v. Bebee where the victim “underwent counseling for quite some time due to nightmares after the attack and a fear of dogs.”
Follow-Up Doctor Visits and Specialist Care
Dog bite injuries often require ongoing medical attention. You might see specialists like neurologists, pain management doctors, or infectious disease specialists. One plaintiff “received stitches” in the ER and “subsequently underwent treatment with a neurologist and pain specialists” as a result of her dog bite injuries (Steagald v. Eason).
Navigating the Recovery of Medical Expenses: Understanding the Challenges and Opportunities
Not every medical bill is treated equally in a dog bite claim. Here’s a realistic breakdown:
Typically Easy to Recover
- Emergency room bills, ambulance charges, and initial hospital treatment (wound care and antibiotics) are almost always awarded when liability is proven.
- Rabies shots and other vaccinations are often considered necessary expenses, especially when the dog’s vaccination status is unknown.
- Diagnostic imaging (X-rays and CT scans) is straightforward to claim if ordered by your physician.
Recoverable But May Require More Evidence
- Surgery and extended hospitalization are usually easy to prove, but expert testimony may be needed to prove the exact procedures were necessary.
- Physical therapy expenses are recoverable, but your doctor might need to testify that it was related to your bite injuries.
- Mental health counseling is increasingly recoverable in Georgia, but requires documentation of an official diagnosis, treatment records, and evidence connecting emotional distress to the attack.
More Difficult, But Still Possible
- Future medical expenses like ongoing therapy may necessitate expert testimony from a doctor.
- Treatment for conditions that worsened after the bite will be closely examined by the courts to determine whether the treatment is connected to the bite.
- Scar revision and cosmetic procedures are recoverable when medically necessary, but proving necessity can be challenging.
Exploring a Hypothetical Scenario: Medical Expense Claims in the Atlanta Metro Area
Maria, a 34-year-old mother from East Point, Georgia, and her eight-year-old son having a cookout in their back yard. Unfortunately, a neighbor a few doors down allowed his large dog Bruno, to roam free in violation of the local leash law.
While Maria and her son were in the backyard Bruno charged into the yard, lunged at Maria, and bit her forearm and hand.
Maria was rushed to the emergency room for stitches, a tetanus shot, and a rabies vaccination series because, although Animal Control located the dog owner, the owner could not verify Bruno’s vaccination records. Over the next several months, Maria underwent physical therapy for stiffness and reduced grip strength in her hand, and her doctor recommended scar-revision surgery. She also developed anxiety about being around dogs and began seeing a therapist.
Sadly, Maria’s medical bill was far too much for her to handle:
- Ambulance transport: $1,800
- Emergency room visit and treatment: $4,200
- Rabies vaccination series: $3,500
- Follow-up doctor visits: $600
- Physical therapy (12 sessions): $2,400
- Mental health counseling (10 sessions): $1,500
- Potential scar-revision surgery: $5,000+
Total estimated medical expenses: $19,000 or more
And that is just the medical bills. Maria could also seek compensation for pain and suffering, lost wages from missing work, and punitive damages if the dog had bitten before or if the owner’s behavior was especially careless.
Depending on the circumstances, different persons can be responsible for your medical bills after a dog bite.
Who Can Be Held Liable for Your Dog Bite Medical Expenses?
- The dog’s owner is liable if they knew the dog was dangerous or carelessly managed it (O.C.G.A. § 51-2-7).
- The dog’s keeper can be held liable if they were caring for the dog at the time of the attack.
- A property owner or landlord may be liable if they had “superior knowledge” of the dog’s dangerous nature (O.C.G.A. § 51-3-1).
- Someone who promised to secure the dog can be held liable under the voluntary undertaking doctrine, even if the dog had no known history of biting.
Three Georgia Dog Bite Cases Where Victims Won Compensation for Their Medical Expenses
1. McCreary v. Andrews (Fulton County, 2021)
Christopher McCreary was bitten by a dog that had jumped a fence and attacked him. The court awarded him $1,740.63 in past medical bills because the owner was previously cited for the dog’s behavior. McCreary was awarded a total of $263,179.88.
2. Praylo v. Deloach (Chatham County, 2019)
Sherlisa Praylo was bitten without provocation by a dog that had attacked at least two other people before. The court awarded her $3,438.61 in medical expenses, but her total judgment was $35,990.44 due to other records she submitted of lost work.
3. Givan v. Bass (2022)
Givan suffered a broken hand, wrist, femur, and hip when charged by a dog. The court awarded $242,821.72 in medical bills and $2,000,000.00 in compensatory damages for ongoing pain, disabilities, and impairment.
Is “Pain and Suffering” Separate from Medical Expenses?
Medical expenses and pain and suffering fall into two categories: special damages and general damages.
- Special damages include things you can put a dollar amount on: medical bills, lost wages, prescription costs, and physical therapy bills. You can prove these with receipts, invoices, and billing records.
- General damages cover physical pain, emotional distress, anxiety, loss of enjoyment of life, and permanent scarring or disfigurement.
Georgia courts interpret the law to cover both special and general damages in personal injury cases (O.C.G.A. § 51-12-2).
Can You Get Punitive Damages on Top of Your Medical Expenses?
In some cases, punitive damages are awarded to punish the dog owner for reckless or indifferent behavior. Punitive damages in dog bite cases can go to a jury if you can demonstrate that:
- The dog owner knew of the risk the dog presented, and
- Despite that knowledge, the owner recklessly allowed the dog do the act that caused the injury.
Myths and Facts About Dog Bite Medical Expenses in Georgia
Myth #1: “The owner doesn’t have to pay for my medical bills if their dog hasn’t been violent before.”
Fact: In reality, a dog’s prior “bite” history is irrelevant in Georgia. Liability is determined by whether the dog owner knew that the dog had previously been aggressive, regardless of actually biting another person (Raith v. Blanchard). Additionally, if a dog was running loose in violation of a local leash ordinance, the owner can be liable even with no prior bite history.
Myth #2: “My medical expenses will only be covered if the dog actually bites me.”
Fact: Medical expenses are covered when a dog bites you, but you can also recover expenses for other types of dog attacks, such as injures sustained when a dog knocks a person down or when injured trying to get away from an attacking dog.
Myth #3: “Insurance companies will pay my medical bills once I file a claim.”
Fact: Insurance companies will likely challenge your medical expense claim, so ensure you have clear medical documentation connecting each expense to the bite injury.
Myth #4: “I can only recover medical bills I’ve already paid.”
Fact: You can recover expected medical bills with proper evidence explaining why you need future treatments for your injuries. Often, this comes in the form of a doctor testifying in court on your behalf.
Myth #5: “I can’t recover expenses for my therapy.”
Fact: You can receive compensation for mental health counseling if a dog attack caused you emotional distress necessitating medical treatment.
Yes, unless the homeowner’s policy contains an exclusion for dog bites, Georgia law holds the dog owner liable for your medical expenses (O.C.G.A. § 51-2-7), which is an expense normally paid for by the dog owner’s insurance.
Yes, Georgia courts have consistently included rabies vaccination costs as compensable medical expenses, especially when the dog’s vaccination status is unknown.
You’re entitled to recover all medical expenses deemed “reasonable and necessary” for treating your injuries. If the insurance company disputes a bill, the court will evaluate the evidence.
It depends. A property owner has a duty to keep their premises safe for invited guests (O.C.G.A. § 51-3-1),however, the dog owner’s responsibility may be determined by whether the dog owner knew that the dog was aggressive or if the owner failed to properly manage the dog.
Possibly, but this can be difficult. If it can be proven that a landlord previously knew of the dog’s dangerous tendencies, the victim may be able pursue premises liability claims against them.
Yes. A defendant is still liable to you for damages even if you have health insurance. In fact, in most cases your health insurance will cover your initial medical care as to which your health insurer may have a right to be reimbursed.
Yes, lost wages are a separate category of “special damages.” Keep records like W-2s, pay stubs, or employer documentation to support your claim.
Yes. Georgia law allows you to claim future medical expenses, but you’ll typically need a doctor to testify about what treatment you’ll need, what it will cost, and how it’s related to the initial attack.
