Can Columbus Dog Bite Victims Recover the Cost of Future Scar Revision Surgery?
By John K. Rinehardt, Board Certified Civil Trial Attorney (NBTA)
10-05-26
Scars Can Change Your Life Long After a Dog Bite Heals
Key Takeaways: In many cases, Columbus dog bite victims can recover the cost of future scar revision surgery if medical evidence shows the procedure is reasonably certain to be needed. Under Ohio’s strict liability statute, Ohio Rev. Code § 955.28(B), the dog’s owner, keeper, or harborer is generally responsible, but victims still have to prove what caused their injuries and how much their damages are worth. Strong proof includes a plastic surgeon’s written recommendation, detailed cost estimates, dated photographs, and full treatment records. Ohio’s cap on noneconomic damages does not apply to economic damages such as surgery costs, and permanent and substantial physical deformity may fall outside the cap entirely. Settling before a scar matures can leave you unable to recover later surgery costs, so timing matters. Most claims should be filed within two years of the injury, although different rules may apply to minors and government-owned dogs.
In many cases, yes: Columbus dog bite victims may recover the cost of future scar revision surgery as part of their damages. Ohio law generally allows injured people to seek compensation for future medical care that is reasonably certain to be needed, not only bills already paid. Scar revision often happens months or years after the bite, once the wound has matured. Recovering that cost generally depends on strong medical documentation, a clear link between the bite and the scar, and careful timing of any settlement.
If a dog bite left you or your child with scarring, you should not have to guess what your claim is worth. Rinehardt Injury Attorneys helps Ohio families pursue the full value of dog bite injuries, including future treatment. Call 419-529-2020 or contact us now to talk about your situation.
How Ohio’s Dog Bite Statute Supports Your Claim
Ohio Rev. Code § 955.28(B) generally makes the owner, keeper, or harborer of a dog liable for injury, death, or loss the dog causes. This is a strict liability statute, so you generally do not have to prove the owner knew the dog was dangerous or acted carelessly. The statute does not apply if the injured person was trespassing, was committing or attempting to commit a criminal offense (other than a minor misdemeanor) on that property, or was teasing, tormenting, or abusing the dog there.
Ohio victims may also bring a common law negligence claim in some situations, particularly when the person responsible is not the owner, keeper, or harborer. Dog bite liability laws vary by state, so information about other states may not apply here. Ohio law, not general national guidance, controls.
What Strict Liability Does and Does Not Do
Strict liability addresses who is responsible, not how much you recover. You still must prove the bite happened, that it caused your injuries, and the value of your damages. Future surgery is a damages question, so the evidence behind it matters as much as the liability rules.
Can Dog Bite Scar Revision Surgery Be Included in Your Damages?
Future medical costs are generally recoverable in Ohio if you can show with reasonable certainty that they will be incurred. Courts generally do not award money for speculative treatment. A doctor’s opinion that you "might" want surgery someday is usually not enough. Expert testimony that scar revision is reasonably certain to be needed, with an estimated cost, carries far more weight.
Courts have addressed the scope of compensatory damages in animal attack cases for years. The American Bar Association’s review of recent animal tort developments surveys cases involving landlord liability for dog bites, the scope of state dog bite statutes, emotional distress claims, veterinary cost damages, animal ownership disputes, equine activity liability, and insurance coverage questions such as animal exclusion clauses and the duty to defend. The practical point remains consistent: future medical costs such as dog bite scar revision surgery can be recovered as economic damages when proper medical testimony supports them.
Evidence That Supports Future Surgery Costs
Building a claim for future scar revision surgery usually requires several types of proof:
- A plastic surgeon’s written opinion recommending revision and explaining why
- A cost estimate covering surgeon, anesthesia, facility, and follow-up care
- Dated photographs showing the scar’s progression over time
- Records of emergency care, stitches, antibiotics, and wound treatment
- Testimony about how the scar affects daily life, work, or confidence
Children often present unique questions because scars change as they grow. A surgeon may recommend waiting until a child stops growing before revision. In those cases, the medical opinion should address timing and whether more than one procedure may be needed.
💡 Pro Tip: Ask your treating doctor to note in your chart whether future revision is anticipated. A contemporaneous note often carries more credibility than an opinion written only for litigation.
Future Medical Damages Ohio Courts May Consider
Scar revision is only one piece of the compensation picture. Future medical damages Ohio claimants may pursue can sit alongside other economic and noneconomic losses, summarized below.
| Damage Category | Examples | Typical Proof |
|---|---|---|
| Past medical costs | ER visit, stitches, rabies shots | Bills and records |
| Future medical costs | Scar revision, laser treatment, counseling | Physician opinion and estimates |
| Lost income | Missed work, reduced earning ability | Pay records, employer statements |
| Noneconomic damages | Pain, disfigurement, emotional distress | Testimony, photos, medical notes |
Ohio’s Damage Caps and the Disfigurement Exception
Ohio Rev. Code § 2315.18 generally limits noneconomic damages in tort actions. The cap does not apply to injuries involving permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical functional injury preventing self-care. Whether a scar meets that threshold depends on the facts; severe facial scarring may qualify, while smaller scars may not. The cap applies only to noneconomic damages, so economic damages such as surgery costs are not limited by it.
How Insurance Companies Handle Scar Revision Claims
Most dog bite claims are paid through homeowners or renters insurance. According to the Insurance Information Institute, these policies typically cover dog bite liability as part of standard liability protection, although some exclude certain breeds or dogs with a bite history. Insurers also consider injury severity when deciding how much to pay, and a documented plan for future surgery helps show that severity.
Insurers may push back on future surgery costs, arguing that revision is cosmetic, that the scar may fade, or that the estimate is too high. Policy limits and exclusions can also affect available coverage. The ABA review notes that coverage disputes and insurer defenses appear frequently in animal attack claims. You can also learn more about who pays dog bite medical bills and how coverage typically works in Ohio.
Why Settling Too Early Can Be Costly
A settlement generally ends your right to seek more money later. If you settle before your scar matures, you may not know whether revision will be needed, and once you sign a release, you usually cannot reopen the claim if surgery costs more than expected. Waiting for a clear medical picture, while still meeting legal deadlines, often protects your recovery.
💡 Pro Tip: Keep a simple journal of how the scar feels and looks each month, including itching, tightness, or pain. These details can support both medical recommendations and noneconomic damages.
Deadlines for Filing a Columbus Dog Bite Claim
Ohio Rev. Code § 2305.10 generally gives injured people two years from the date of injury to file a personal injury lawsuit. Some Ohio courts have applied the six-year period in Ohio Rev. Code § 2305.07 to statutory claims under § 955.28, but courts have not applied that approach uniformly, and it does not extend common law negligence claims. Relying on a longer period is risky, so the two-year deadline is the safer planning point.
Exceptions may apply in limited circumstances. Under Ohio Rev. Code § 2305.16, the limitations period for a minor’s own claim generally does not begin to run until the child turns 18. A parent’s own claim for the child’s medical expenses may follow a different, shorter timeline. If a government entity owns the dog, such as a police K-9, immunity rules and a two-year limitations period under Ohio Rev. Code Chapter 2744 may affect the claim. These issues depend heavily on the facts.
Practical Steps to Protect Your Right to Future Surgery Costs
Taking the right steps early can make future damages easier to prove. Report the bite to Columbus Public Health or your local health department, which handles animal bite reports and quarantine. That report is separate from any civil claim, but it creates a useful record. Seek medical care promptly and go to every appointment.
Consider speaking with a dog bite scar revision surgery lawyer before giving a recorded statement to an insurer. Adjusters may ask questions designed to minimize the injury. An attorney can help gather surgical opinions, calculate future costs, and time negotiations around your medical recovery.
Frequently Asked Questions
1. Is scar revision considered cosmetic and therefore not recoverable?
Not necessarily. If a physician recommends revision to treat a scar caused by the bite, it may be recoverable as a medical expense. Insurers may still dispute it, so medical documentation is important.
2. Do I need to have the surgery before I settle?
No. You may recover the anticipated cost of future scar revision surgery if it is reasonably certain and supported by medical evidence. Timing depends on your medical situation and filing deadlines.
3. What if my child’s scar needs surgery years from now?
A surgeon can estimate future procedures and timing. Settlements of a minor’s claim in Ohio generally require probate court approval, which adds a layer of protection.
4. Can I recover for the scar itself, apart from surgery?
Yes, in many cases. Disfigurement and emotional distress are noneconomic damages. Scarring that amounts to permanent and substantial physical deformity may fall outside Ohio’s cap under Ohio Rev. Code § 2315.18.
5. What if the dog owner has no insurance?
Recovery may still be possible from the owner’s personal assets, from a keeper or harborer such as a landlord in limited situations, or from another liable party. Options depend on the specific facts.
Planning for the Scar You Will Live With
Future scar revision surgery can be part of a Columbus dog bite claim when the evidence supports it. Ohio’s strict liability statute can help establish responsibility, but you still need to prove the scar, its cause, and the reasonable cost of treating it. Medical opinions, careful documentation, and attention to the two-year deadline often make the difference. Every case depends on its own facts, and no outcome is guaranteed.
Your recovery should account for the care you will need tomorrow, not only the bills you have today. Rinehardt Injury Attorneys is ready to review your dog bite injury and discuss your options. Call 419-529-2020 or schedule your consultation today.
Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.
