Can You Sue If a Dog Bites You? If someone else’s dog bites you, you can take legal action. If a neighbor’s dog bites you without provocation, your neighbor may be responsible for resulting expenses or damages. Dealing with a vicious dog can be a frightening experience, as even a seemingly friendly dog can suddenly become aggressive.
If you have been bitten by a dog in Illinois, you may be entitled to compensation through an Illinois dog bite claim. Contact Bogdan Martinovich at (847) 996-1350 for assistance with your claim.
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Illinois Dog Bite Laws
A dog bite occurs when a canine injures someone, ranging from minor cuts to more serious wounds requiring medical attention. In Illinois, individuals injured in this manner may seek compensation by suing the animal’s owner. The amount of compensation depends on factors such as the severity of the injury and negligence.
With over 4.5 million dog bites occurring annually in the United States, each state has regulations to address such incidents. In Illinois, dog bite laws are outlined in the Illinois Animal Control Act, established in 1973 and revised, which sets forth state-level statutes and regulations.
Dog Bites and Strict Liability
In Illinois, the law applies strict liability for dog bites, holding dog owners responsible for injuries caused by their dog, regardless of the dog’s past behavior or history of aggression.
In Illinois, the law goes beyond other states with strict liability for dog bites by holding dog owners accountable for injuries caused by their dogs beyond just bites. For instance, if a dog jumps on someone and causes them to fall and break an arm, the owner could also be held responsible for these injuries.
The law states that the dog’s owner is responsible for any civil damages if their dog attacks or injures someone peacefully present in a location where they are legally allowed to be. Therefore, to seek compensation after a dog bite incident, you must demonstrate the following:
- You were attacked and injured by a dog
- You were lawfully present at the location where the attack happened
- The dog was not provoked in any manner
When Does Strict Liability Not Apply?
The owner is unlikely to be held responsible if the dog bite incident involves any of the following situations: the victim was trespassing on private property, the victim was assaulting, physically threatening, or abusing the dog or its offspring, or had done so in the past, or the dog was responding to injury or defending its owner. If the dog only attacked in response to provocation, it can be used as a defense against liability.
Statute of Limitations for Dog Bites in Illinois
The statute of limitations refers to the time limit you must file a lawsuit following an event. If this time period elapses, you forfeit the right to take legal action to pursue compensation. Illinois’s statute of limitations for filing a personal injury claim, including those arising from a dog bite, is two years.
Can You Sue if a Dog Bites You?
In Illinois, victims of dog bites may need to file a personal injury lawsuit against the dog owner to receive compensation. A personal injury attorney can help victims recover various types of compensation, including medical expenses, rehabilitation costs, mental healthcare, lost wages, and property damage.
Following a dog bite incident, the victim must submit a written notice to the local animal control agency or police department within 10 days. This notice should include the victim’s personal information, details of the attack, and other relevant facts.
After the notice is filed, the local government will investigate. If liability is established, the victim and the dog owner will begin negotiations. At this stage, it is helpful to have a lawyer who knows how to negotiate a dog bite settlement. If an agreement cannot be reached, either party can bring the case to civil court. A jury will then determine if damages are owed and the amount of compensation to be awarded.
Steps to Take if a Dog Bites You in Illinois
The immediate aftermath of a dog bite can be confusing. Keeping in mind what you should know about dog bites and the steps to take can make a big difference.
Seek Medical Attention
Taking dog bites seriously is important, even if they don’t appear severe initially. Dog bites can easily become infected, so medical treatment is crucial if the skin is broken. Medical professionals will clean the wound, prescribe antibiotics, and monitor your condition to prevent complications. Seeking medical attention is especially important for more serious injuries. It also establishes a connection between the bite, your injuries, and damages if you need to file a lawsuit.
Get the Dog Owner’s Information
You should obtain as much information about the owner as possible, including the name, phone number, and address. The owner’s homeowners’ insurance may cover your medical expenses, depending on where the dog bite occurred. However, some insurance policies do not cover bites from dangerous dog breeds. If a stray dog bites you and there is no owner present, it may be challenging to determine whose contact information is needed, making it more difficult to file a legal claim.
Report the Dog Bite
You should ensure that any dog bite is reported to the local animal control authority within 24 hours. If a physician treats a dog bite injury, he or she must file a report. Additionally, all dogs must have the appropriate vaccinations, registration tags, and collars. Dog owners will face fines for violations.
All dogs that bite someone in Illinois must undergo a 10-day quarantine for rabies observation to ensure public safety. If the dog is not deemed dangerous or violent, the owner can quarantine the dog at home. Before the dog is released, it will be evaluated and examined by a licensed veterinarian, and if necessary, it will be microchipped.
This report serves as a legal document for your case and assists future victims who may be bitten or attacked by the same dog. A proper paper trail is essential for authorities to enforce these regulations effectively.
Gather Evidence
You will need strong evidence to support your claim. Capture pictures of your bite wounds, the location of the incident, and the dog involved. Also, get the name and contact details of the dog owner and any witnesses.
If any security cameras are nearby, note their locations and request the footage promptly. This evidence can significantly bolster your case.
When you collaborate with a premises liability lawyer, he or she will gather the evidence. Your lawyer can revisit the accident scene, talk to witnesses, obtain camera footage, and take photographs. He or she will also advise you about other forms of evidence.
Keep Detailed Records
You should keep detailed records, such as medical records, bills, receipts, and expenses resulting from the bite. Additionally, you may need to maintain a personal journal that chronicles the physical and emotional impacts of the dog bite, including pain, suffering, and limitations on your daily activities. These records will provide clear documentation of your losses and help assess the appropriate compensation.
Speak to an Experienced Dog Bite Attorney
You should prioritize contacting a dog bite attorney. He or she can assist you through the legal process, safeguard your rights, and pursue fair compensation.
An attorney can examine your case, determine liability, and advise on the most effective steps. You must provide your attorney with all the incident details, any evidence available, and your medical records. While putting a number on the average settlement for dog bites is difficult, having a lawyer will maximize your compensation. You should contact an attorney as soon as possible to construct your case.
Can You Sue for Emotional Distress After a Dog Bite in Illinois?
In Illinois, if a dog has bitten you and the emotional distress is tied to a physical injury, you have the option to pursue legal action for emotional distress. You can seek compensation for emotional distress resulting from injuries, including those stemming from dog bites. Emotional distress, also known as mental anguish, can lead to symptoms such as anxiety, depression, sorrow, guilt, anger, frustration, hopelessness, helplessness, excessive worrying, chronic fatigue, social isolation, and changes in eating and sleeping patterns. These symptoms can vary from person to person and may lead to other health issues over time.
When claiming emotional distress due to a dog bite, it’s important to establish a connection between your emotional distress and the incident. You must provide evidence such as clinical diagnosis, mental health treatment records, and testimony from loved ones, doctors, and therapists. You may also link your condition to the dog bite through medical and counseling records. Contact Bogdan Martinovich if you have suffered a dog bite injury in Illinois. Achieving the best possible outcome requires an understanding of local regulations and procedures. You can obtain the highest settlement for your injury-related costs with the right support and guidance.
