Except for the rules applicable to small claims courts, the filing rules and the laws of civil procedure are complicated and too difficult for a non-attorney to apply. Cases that cannot be handled in the small claims court should be done by a lawyer who is experienced in litigation matters. It is virtually impossible for a lay person to know all of the legal principles and court rules required to prosecute a lawsuit. Therefore, you are absolutely advised to retain an attorney to bring a case or defend against a case. If a dog bite does not draw blood, small claims court might be appropriate.
Most jurisdictions have small claims procedures that make filing relatively easy.
However, choosing small claims court means limiting the amount of damages that can be recovered. Any dog attack that draws blood should be referred to an experienced attorney because there is a possibility of scars, and therefore a possibility that the legal damages might exceed what a small claims court is authorized to handle. Go back to the Dog Bite Law Home Page and click on The Adviser for more information about small claims courts. There is a tricky set of rules that covers claims against the government and its employees. In California, it has to be made within 6 months.