Short Answer

In North Carolina, you can seek non-economic damages for pain and suffering after a dog bite if you prove the owner or keeper is legally responsible and the bite caused your injuries. Pain and suffering includes physical pain, mental distress, scarring, disfigurement, and loss of enjoyment of life. There is generally no cap on these damages in ordinary injury cases, and you typically have three years to file a lawsuit.

Understanding the Problem

You want to know if, after a North Carolina dog bite, you can recover money for pain and suffering—beyond medical bills—when a neighbor’s dog caused a deep wound. This is a personal injury damages question: can an injured person recover non-economic damages based on how the bite affected their body and daily life, and what rules govern that recovery?

Apply the Law

Under North Carolina law, a dog owner or keeper can be liable for injuries caused by a dog through negligence or, in some cases, under the state’s “dangerous dog” statutes. If liability is established, you may recover compensatory damages, which include non-economic damages for pain and suffering (physical pain, emotional distress, scarring, disfigurement, inconvenience, and loss of enjoyment of life). Punitive damages may be available for willful or wanton conduct, subject to statutory limits. Most personal injury claims must be filed within three years.

Key Requirements

• Liability: Show the owner or keeper is legally responsible (negligence or dangerous dog liability).
• Causation: Link the bite to your injuries and symptoms.
• Damages: Document pain, mental distress, scarring/disfigurement, and how life changed.
• No complete defense: Your own negligence (like provoking the dog) can bar recovery in North Carolina.
• Timing: File suit within the applicable statute of limitations, generally three years from the incident.

What the Statutes Say

• North Carolina Gen. Stat. § 67-4.1 (Dangerous dogs – definitions) - Defines when a dog is considered “dangerous,” including certain unprovoked severe injuries.
• North Carolina Gen. Stat. § 67-4.4 (Liability for dangerous dogs) - Imposes owner liability for damages caused by a dangerous dog, with limited exceptions.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations period) - Sets the typical three-year deadline for personal injury lawsuits.
• North Carolina Gen. Stat. § 1D-25 (Punitive damages cap) - Limits punitive damages to the greater of three times compensatory damages or $250,000.

Analysis

Apply the Rule to the Facts: A deep wound from a neighbor’s dog, documented by urgent care, supports the causation and damages elements. If the owner was negligent or the dog is deemed “dangerous,” you can pursue non-economic damages for pain, scarring, and emotional distress. The lack of ambulance transport does not prevent recovery; what matters is timely medical documentation and credible symptom evidence. Watch for defenses like provocation or trespass that could defeat a claim.

Process & Timing

1. Who files: The injured person. Where: Start with a claim to the dog owner’s liability insurer; if unresolved, file a civil Complaint with the Clerk of Superior Court in the county where the incident occurred or the owner resides. What: Civil Summons (AOC-CV-100) and a Complaint; serve the defendant under Rule 4. When: File within three years of the bite.
2. Insurer investigates and negotiates. If a settlement does not resolve pain-and-suffering damages, the case proceeds in District Court (claims up to $25,000) or Superior Court (over $25,000). Timelines vary by county and court calendars.
3. Litigation phases include discovery, possible mediation, and trial. Resolution results in a judgment or settlement release defining your compensatory damages, including pain and suffering if proven.

Exceptions & Pitfalls

• Contributory negligence: Provoking, teasing, or unlawfully entering property can bar recovery entirely.
• Statutory defenses: Dangerous-dog liability has exceptions (e.g., victim provocation or criminal activity).
• Proof gaps: Weak documentation of pain, mental distress, or scarring reduces non-economic damages; use medical notes, photos, and a symptom journal.
• Wrong party: Identify both owner and any keeper or person in control of the dog at the time.
• Rushing a release: Settling before scarring stabilizes can undervalue pain and disfigurement claims.
• Deadline miss: Late filing after the three-year period can end the claim.

Talk to a Personal Injury Attorney

If you're dealing with pain, scarring, or anxiety after a dog bite, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.