Your child's deadline pauses, but yours may not
In many states, your child's time to file pauses until age 18. California does not count the years before a child turns 18. In Texas, the clock does not run while a child is younger than 18.
So in California or Texas, your child's clock starts at 18, not on the day of the bite. Your own claim for the medical bills is different. It may run on the adult deadline.
Waiting for that 18th birthday is rarely wise. Witnesses move, and the dog may be gone. Check the dog bite statute of limitations for your state.
Scars and future surgery
Children face more than three times the chance of a bite to the head or face. That is why scars on a child's face often count for more in a claim.
A plastic surgeon may wait to revise a scar while the face is still growing. The claim includes that future surgery. This is one reason children's claims are not settled in the first weeks.
See what a dog bite face settlement can include, or try the dog bite settlement calculator.
Can the insurer blame your child?
Some insurers claim a child teased the dog. Massachusetts presumes a child under seven was not teasing or abusing the dog.
Under Massachusetts chapter 140, section 155, the insurer cannot easily blame a young child. Other states have different rules, so the law in your state matters. Compare dog bite laws by state.
Who files for your child
A parent or guardian files the claim for the child. In many states, a judge must approve a settlement for a minor.
The money is then held until your child is an adult. Your attorney handles that court step for you.
