Sadly, a Level 6 dog bite results in the death of the victim.
In this post, we cover what can happen under Arizona law in the aftermath of a Level 6 dog bite incident. Specifically, we address the following:
If a loved one has passed away due to a Level 6 dog bite, please call Stone Rose Law at (480) 631-3025 to speak with a compassionate, experienced Arizona dog bite lawyer.
The Dunbar Dog Bite Scale is a widely used method to classify the severity of a dog bite incident.
The Dunbar bite scale has six levels. The lowest level, Level 1, describes a dog’s aggressive behavior without making skin contact with its teeth. Levels 2 through 5 describe dog bite injuries as they become more serious, with Level 5 involving incidents with multiple bites, multiple attacks, or both resulting in serious injuries.
A Level 6 dog attack under the Dunbar scale is a fatal attack. In Level 6 dog bite cases, the victim’s death can occur as an immediate result of the attack, or later from injuries sustained during the attack.
When a person dies because of a dog bite attack, the surviving family members of the victim and the legal estate of the victim have rights under Arizona law to recover compensation from the owner of the dog. These rights fall under two categories:
These two causes of action are not exclusive. This is because their legal remedies are distinct:
Wrongful death claims in Arizona can be worth a considerable amount in settlement or a judgment award. Unlike most dog bite settlements, which are often valued in five-figure sums, wrongful death claims in Arizona typically result in settlements valued at $500,000 up to several million dollars.
Factors that can affect the value of a wrongful death settlement after a dog attack include:
Every wrongful death case is unique, and there is no set “average” amount. Your wrongful death claim will depend entirely on these and other factors, and may vary considerably from the average sums described above.
What you can recover in compensation after a loved one dies from a dog attack depends first of all on your relationship to the victim.
Under Arizona’s wrongful death law—Arizona Revised Statute (ARS) 12-612—the following people can file a civil lawsuit:
Like with personal injury claims, the recovery you seek in a wrongful death action based on a dog bite attack will take the form of money damages, paid from insurance coverage or from a judgement award. These damages come in two types: economic damages and non-economic damages.
Economic damages are those that compensate you for calculable kinds of harm, while non-economic damages address harms that are indirect, such as emotional distress.
The table below provides some examples of economic and non-economic damages you might be able to recover in a successful wrongful death claim:
| Economic Damages | Non-Economic Damages |
| Medical bills before death Funeral and burial costs Value of lost wages and benefits Repair or replacement for property damage or loss | Pain and suffering of the decedent Emotional distress of surviving family members Loss of household services provided by the decedent Loss of the love, affection, companionship, comfort, and guidance of the decedent Possible recovery of punitive damages |
ARS 14-3110 is the statute for survival actions.
As mentioned above, only the personal representative of the deceased person’s estate can file an Arizona survival action. This person is either named in the will or appointed by the court, and can be a family member.
In an Arizona survival action, the personal representative can seek compensation for the following:
Note that unlike in a wrongful death action, pain and suffering damages cannot be awarded in an Arizona survival action.
The personal representative first uses a survival action settlement payout or damages award to pay outstanding debts or expenses of the estate. If any funds remain, these are distributed to the beneficiaries according to the will, or according to Arizona intestacy laws if no will exists.
Arizona law allows for two kinds of dog bite claims: claims based on strict liability and claims based on the owner’s negligence.
A wrongful death or survival action is one based in negligence, so the two-year statute of limitations applies.
In a Level 6 attack, you will be concerned with fatal injuries to another person, particularly a family member, and how the death of that person affects you and your legal rights.
At Stone Rose Law, we represent family members in dog bite settlements for all dog bite scale levels and for wrongful death claims. This includes a claim you may have if you have lost a family member to a dog attack.
A wrongful death settlement can never make up for the loss of your loved one, but fair compensation can help provide your family with financial support at this difficult time.
Call Stone Rose Law at (480) 631-3025, or contact us online, so you can begin with a free consultation with an Arizona dog bite attorney.
