Do Dog Bite Cases go to Court in Illinois?

Most Illinois Dog Bite Cases Settle Out of Court

Dog bites can cause serious injuries to Illinois victims. In most cases, the owner’s negligence places them at fault for your injuries, although there are some exceptions. This begs the question, “Do dog bite cases go to court?” If you attempt to file a lawsuit against the owner to seek compensation for legal damages, chances are you will settle before going to court.

The vast majority of personal injury claims, including those that involve dog bite injuries, settle before a civil court is necessary. Some sources claim that 95% of these claims are resolved outside of the courtroom.

A dog bite injury lawyer from our firm can help you navigate the complex claims process to prove liability and obtain a fair settlement.

Why Illinois Law Encourages Settlements for Your Dog Bite Claim

The primary law governing dog bite injury cases is the Illinois Animal Control Act (510 ILCS 5/16). Put simply, this law allows bite victims to file civil claims against dog owners who are responsible for their pets injuring others.

The concept of strict liability applies to this dog bite law. Even if the animal has shown no signs of aggression in the past, the owner is still liable for the victim’s damages. Some states have a one-bite rule, under which the owner is not held responsible for a first offense if the dog has no history of aggression; however, this is not the case in Illinois.

Who Actually Pays for Dog Bite Injuries in an Illinois Settlement?

In most dog bite cases, the legal damages of the victim are covered by some type of insurance policy rather than a payment directly from the owner.

The majority of dog bite attacks occur on private property, in which case a homeowner’s insurance policy or renter’s insurance policy would likely cover the damages. This means the legal process will involve dealing with an insurance company, which can increase the necessity for experienced legal representation.

What Compensation Can You Recover in a Dog Attack Settlement?

The purpose of personal injury cases is to fight for fair compensation for the injured victims. Since your suffering is the result of a negligent dog owner, you have the right to recover a settlement to address your legal damages.

Here are some of the most common legal damages you could include in a settlement outside of civil court:

Economic Damages

• Lost income – If the injuries force you to miss work, you can make up for lost wages with a claim.
• Medical expenses – The settlement can cover medical expenses after a dog attack, including surgery, emergency care, pain management, rehabilitation, and therapy.
• Future medical bills – If you will require future medical treatment to address the effects of the bite, the estimated costs can be covered by the settlement
• Lost earning capacity – Severe injuries may affect your ability to work in the future, so you can recover compensation for future income losses

Non-Economic Damages

• Emotional trauma – Psychological damage may affect you for many years, such as anxiety, depression, or Post-Traumatic Stress Disorder
• Pain and suffering – Many dog bite claims include compensation for physical pain suffered by the plaintiffs
• Loss of normal life – A serious dog attack could diminish your ability to lead a normal life and enjoy everyday activities attack

Punitive Damages

The judge arbitrating your case could award additional compensation due to gross negligence or intentional misconduct by the dog owner.

When Might Dog Bite Cases Go to Court in Illinois?

Several factors may result in your claim progressing to civil court:

• The insurance company disputes the severity of your injuries, claiming you are exaggerating their impact
• The insurance company makes an unreasonably low settlement offer that doesn’t come close to addressing your total losses
• The dog owner claims that you provoked the attack with erratic behavior toward the animal

Common Defenses That Can Complicate a Dog Bite Case

A dog bite injury lawyer can play an important role in overcoming common defenses in dog attack claims. Some of the most common defenses under the Illinois Animal Control Act include:

• Provocation – The victim was teasing, tormenting, or abusing the dog, which incited the animal to attack
• Trespassing – The victim was unlawfully on the property when the attack occurred, making the plaintiff liable for the damages they suffered

The key to overcoming these claims is by gathering additional evidence from the accident scene, such as witness statements, photos, surveillance footage, or expert testimony.

How an Illinois Dog Bite Attorney Helps You Settle Your Claim

Our attorneys will be essential for establishing liability. We know what it takes to win dog bite lawsuits in a strict liability state like Illinois.

Our legal services include:

• Investigating the attack and researching the dog’s history of aggression
• Assessing all legal damages related to lost wages and ongoing treatment
• Gathering evidence of your injuries, such as medical records and photos
• Negotiating with the insurer for maximum compensation
• Protecting your rights under state and federal laws
• Holding the dog owner accountable for failing to secure their animal
• Litigating in civil court if a settlement cannot be reached

Discuss Your Case With an Experienced Illinois Dog Bite Lawyer

When a dog owner claims provocation or trespassing, injured victims may not know where to turn to obtain the compensation they deserve. With an experienced Chicago dog bite attorney on your side, you can recover a settlement to help with extensive medical care costs and non-economic damages.

Our law firm works on a contingency fee basis, meaning there are no legal fees unless we secure a favorable outcome. We also offer a free consultation, allowing you to ask questions about your legal options before committing to a claim.

Contact us today to schedule your free, no-obligation consultation with a professional attorney.