Short answer: almost always yes. Colorado’s strict liability law is one of the strongest in the country for dog bite victims, and the majority of claims are paid by the dog owner’s homeowner’s or renter’s insurance — not out of pocket. But there are situations where the math gets complicated, and understanding both the upside and the risks before you file is important.
If you’ve been bitten by a dog, you’re probably dealing with medical bills, missed work, pain, and — if the bite was severe — the prospect of scarring, reconstructive surgery, or lasting psychological trauma. You shouldn’t have to absorb those costs because someone else failed to control their animal. Here’s how to think through whether pursuing a claim makes sense for your situation.
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Why Dog Bite Claims Are Worth Pursuing in Colorado
Colorado’s strict liability statute is on your side. Under C.R.S. § 13-21-124, a dog owner is liable for bite injuries regardless of whether the dog has ever bitten anyone before and regardless of whether the owner knew the dog was dangerous. You don’t have to prove negligence. You don’t have to prove the owner was careless. You prove three things: the dog bit you, the bite caused bodily injury, and the defendant owns the dog. That’s an exceptionally strong legal position compared to states that follow the “one bite” rule, where you’d have to prove the owner knew the dog was dangerous before the attack.
Insurance usually pays — not the dog owner personally. The vast majority of dog bite claims in Colorado are covered by the dog owner’s homeowner’s or renter’s insurance policy. The Insurance Information Institute reports that dog bite claims account for more than one-third of all homeowner’s liability payouts nationwide, with the average dog bite claim exceeding $58,000. You’re not suing your neighbor into bankruptcy — you’re making a claim against their insurance company, which is exactly what the policy exists for.
The damages add up faster than people expect. A dog bite isn’t just an ER visit and some stitches. Serious bites can require surgical repair of tendons, nerves, and muscles. Facial bites — especially in children — often need multiple rounds of reconstructive or plastic surgery over several years. Infections including MRSA and sepsis can develop even from wounds that initially seemed minor. And the psychological impact — PTSD, anxiety around animals, nightmares in children — is real, documented, and compensable under Colorado law.
You can recover both economic and noneconomic damages. Economic damages include medical bills (past and future), lost wages, plastic surgery costs, therapy, and any out-of-pocket expenses related to the injury. Noneconomic damages cover pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life. Under HB 24-1472, noneconomic damages are capped at approximately $1.5 million, but there is no cap on economic damages.
Contingency fee representation means no financial risk. Personal injury attorneys — including Jordan Law — handle dog bite cases on a contingency fee basis. You pay nothing upfront and owe no attorney fees unless you recover compensation. The attorney invests in your case at their own expense. If you don’t win, you don’t pay.
For a free legal consultation, call (303) 465-8733
When a Dog Bite Claim Might Not Be Worth Pursuing
Honesty matters here. Not every dog bite justifies the time and stress of a legal claim. Here are the situations where the math may not work:
Very minor injuries with minimal treatment. If you were nipped, the skin barely broke, you went to urgent care for a quick cleaning and a tetanus shot, and you were back to normal within a week, the potential recovery may not justify the process. A claim with $300 in medical bills and no lasting effects isn’t going to produce a meaningful settlement. That said, “minor” injuries that develop infections, require follow-up treatment, or produce scarring can quickly become significant claims — don’t dismiss your case too early.
The dog owner has no insurance. If the dog owner doesn’t have homeowner’s or renter’s insurance — and doesn’t have personal assets — collecting on a judgment becomes difficult even if you win. An attorney can help you investigate whether insurance exists before you invest time in a claim. Many people assume their neighbor doesn’t have insurance when they actually do.
You were trespassing. Colorado’s strict liability statute includes an exception for trespassers. If you were unlawfully on the dog owner’s property at the time of the bite, the strict liability statute may not apply. However, a negligence claim may still be viable depending on the circumstances — and the trespasser exception doesn’t apply to children in many situations under the attractive nuisance doctrine.
You provoked the dog. If the insurance company can prove you provoked the dog — hitting it, cornering it, taking its food — they’ll argue comparative negligence. Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111) means your recovery is reduced by your percentage of fault, and at 50% or more fault, you recover nothing. That said, “provocation” has a high legal bar. Petting a dog, walking near it, or being in its territory is not provocation.
What the Insurance Company Will Do
Even with strict liability on your side, the dog owner’s insurance company will fight your claim. Understanding their tactics helps you decide whether you need a lawyer.
They’ll dispute the severity of your injuries. The adjuster will argue your treatment was excessive, your medical bills are inflated, or your injuries aren’t as bad as you claim. They’ll request your full medical history looking for pre-existing conditions they can blame.
They’ll lowball your offer — fast. Insurance companies frequently make early settlement offers before you understand the full extent of your injuries. They know that if you accept $5,000 before you realize you need $30,000 in reconstructive surgery, they’ve saved $25,000. Once you accept, you can’t go back.
They’ll argue provocation or comparative negligence. Even in strict liability cases, the insurer will look for ways to shift fault onto you. Were you teasing the dog? Did you ignore a “Beware of Dog” sign? Were you somewhere you shouldn’t have been? These arguments are designed to reduce what they pay.
They’ll delay. Time is on the insurance company’s side. The longer they drag out your claim, the more desperate you become — especially if medical bills are piling up. Delay is a tactic, not an accident.
Why You Should Talk to a Lawyer Before Deciding
You don’t have to decide whether to sue before you talk to an attorney. A free consultation exists precisely for this purpose — to evaluate your situation, explain your options, and give you an honest assessment of whether your case is worth pursuing.
Here’s what an experienced dog bite attorney does that you can’t do on your own:
Investigate insurance coverage. The attorney can determine whether the dog owner has homeowner’s or renter’s insurance, what the policy limits are, and whether other parties (landlords, property managers) may also be liable with their own insurance coverage.
Calculate the full value of your claim. You know what your medical bills are today. An attorney works with medical experts to project what your future treatment will cost — reconstructive surgery, scar revision, psychological treatment, follow-up care. The difference between settling based on today’s bills and settling based on lifetime costs can be tens of thousands of dollars.
Handle the insurance company. Once you have an attorney, the insurer deals with your lawyer instead of with you. No more recorded statements, no more lowball offers designed to catch you off guard, no more delay tactics.
Take the case to trial if necessary. Most dog bite cases settle. But the settlement offers are directly influenced by whether the insurance company believes your attorney will actually try the case if they don’t offer fair value. At Jordan Law, our trial record — including a $131 million verdict, a $45 million settlement, and a $42 million verdict — means insurance companies take our cases seriously from the start.
The Bottom Line
If a dog bit you and you’re dealing with anything more than the most trivial scratch — if you needed medical treatment, missed work, have visible scarring, or are experiencing anxiety or fear — it’s worth at least having a conversation with an attorney. The consultation is free, there’s no obligation, and Colorado’s strict liability law gives you a strong foundation for recovery.
Don’t let the insurance company convince you your claim isn’t worth it. That’s their job — to make you go away for as little money as possible. Your job is to make an informed decision, and that starts with understanding what your case is actually worth.
Free Consultation — Call (303) 465-8733
For 20 years, Jordan Law has been helping Colorado dog bite victims across the state, including cities such as Arvada, Aurora, Boulder, Colorado Springs, Denver, Fort Collins, Grand Junction, Greenwood Village, and more.
Jordan Law Accident & Injury Lawyers 5445 DTC Parkway, Suite 1000 Greenwood Village, CO 80111