How to File an Insurance Claim for a Dog Bite

Navigating the Claims Process After an Illinois Dog Bite

Handling insurance claims after a dog bite incident can be traumatic and intimidating, especially while focusing on healing. Read on to find out how to file an insurance claim for a dog bite while also protecting your legal rights.

Contact the best Chicago dog bite attorneys for a free consultation about taking legal action after a dog bite, as well as how to secure financial compensation that will cover your needs.

The First 24 Hours: Protecting Your Health and Your Claim

Seek immediate medical attention after a dog bite. Not only does this ensure that you do not have serious injuries, but it also produces medical records that will validate your injury.

While some dog bites do not require professional medical treatment, you should always watch closely for any signs of infection. If the owner cannot produce vaccination records, you may also require rabies and tetanus shots.

Ensure that you request copies of your records, including any future treatments that the doctor recommends, like physical therapy or reconstructive surgery.

You should also contact your local Animal Control office to report the bite, which creates a legal document that the dog owner’s insurance company will need to verify your claim.

Understanding the Insurance That Will Cover Your Dog Bite

The insurance claim process begins by submitting a claim to the correct insurance company. Several types of insurance coverage may apply to your case, making it crucial that you gather insurance details from the owner after the bite.

The Dog Owner’s Homeowner’s or Renter’s Insurance

The first option for a dog bite insurance claim is typically homeowners’ insurance or renters’ insurance policies. This insurance should cover medical payments coverage and lost income, even if the incident happened away from the covered property.

Additionally, case law, such as Scifo v. Haeger, notes that the property owner does not have to be present at the scene of the attack to be liable.

Umbrella and Animal Liability Insurance Policies

An umbrella policy provides additional coverage if the homeowners’ or renters’ insurance policy is not enough to pay for medical expenses and other needs. Dog owners can also purchase dog bite liability policies that will pay out if their personal liability limits are too low for the victim’s medical treatment and other needs.

Will the Dog Owner’s Insurance Policy Always Pay?

Unfortunately, whether the insurance company pays out depends on applicable laws. Some states permit insurers to exclude specific breeds, such as pit bulls, from coverage.

Illinois prohibits insurance companies from refusing to cover specific breeds (Public Act 103-0011). However, it allows a dog owner’s insurance company to revoke coverage or raise premiums if the dog has been classified as a dangerous animal under the Illinois Animal Control Act (510 ILCS 5/).

The Step-by-Step Guide to Filing Your Dog Bite Insurance Claim

After a dog bite incident, your first step is to seek medical attention, particularly if the bite broke the skin or resulted in a broken bone. Next, report the bite to your local Animal Control office or police department. This creates a legal record that you will need to file your claim. Once this is complete, you can start the insurance claim.

Step 1: Notifying the Insurance Company

To start your dog bite insurance claim, you will need to report the incident to the insurer as soon as possible. Avoid giving a detailed or recorded statement without first speaking to an attorney, as insurance adjusters will use anything you say as proof that you were negligent.

Step 2: Providing a Formal Written Claim

The insurance company should send you a claim document that you can use to submit your supporting documentation. Evidence that will be asked to provide can include:

• Medical records
• Medical bills
• Evidence of lost income, such as time off work or pay stubs
• Photos of your injuries
• Animal Control records
• Police records, if applicable

Our team will help you in preparing the evidence and ensure that your claim is filed within the insurance company’s specific timelines.

Step 3: Cooperating with the Adjuster’s Investigation

The adjuster will begin gathering evidence about the attack, such as witness statements, any proof of prior aggressive behavior, and the victim’s actions before and after the bite.

It is important to note that the adjuster’s goal is not to create a factual narrative of events, but to diminish your insurance claim by attempting to prove that you were somehow responsible for what happened. Anything that you provide to them will be used as proof that you were negligent or provoked the animal.

Dog Bite Injury Lawyer will handle all communications with the adjuster on your behalf, ensuring that you are not unfairly blamed for the dog attack. We will also conduct our own investigation, uncovering evidence that the attack was unprovoked and that the owner failed to protect the public.

Step 4: Sending a Demand Letter and Negotiating a Settlement

Once your medical care is complete, our team will craft a demand letter that includes both economic and non-economic damages. This ensures that you receive fair financial compensation for both your hard losses and the emotional toll that a dog bite has taken on your life.

Economic damages can include:

• Medical bills, including reconstructive surgery
• Out-of-pocket medical expenses, like mobility aids
• Lost income
• Therapy
• Property damage

Non-economic damages include:

• Physical pain and suffering
• Emotional distress
• Loss of normal life
• Disfigurement

Non-economic damages, such as pain and suffering, can be challenging to calculate independently. An experienced dog bite lawyer from our firm can use calculators like injury multipliers to determine a fair sum, which will be incorporated into our demand letter.

The demand letter will provide evidence of how the incident happened, what damages you suffered, and what we believe a fair sum would be. This begins the settlement negotiation process. The insurance company will return with a counteroffer, which is always lower than our initial demand.

If you accept this, the settlement process will end, and you will sign an agreement promising not to request further compensation. However, if we believe this isn’t enough, we’ll submit another demand that is somewhere between the original request and the counteroffer. This process continues until you are satisfied with the offered sum or when we decide to file a lawsuit instead.

The Advantage for Illinois Victims: Proving Dog Bite Liability

According to the Insurance Information Institute, there are three types of liability that the law may impose on dog owners.

Dog Bite Statute: This imposes strict liability on dog owners for any bite, as long as it was unprovoked, which means that owners are held liable for dog bites even if the animal has never shown aggression.

One Bite Rule: In this case, victims can only sue if the owner knew or should have known that the dog was likely to cause an injury. In other words, the dog bite can only be covered if the animal showed prior aggressive behavior, so the first bite is “free,” and the owner is liable for future incidents.

Negligence Laws: The owner will be liable if negligence contributed to the dog attack. For example, if a dog owner lets their animal roam without a leash and it causes a serious bite, then the owner is liable.

The Illinois Animal Control Act imposes strict liability on owners (510 ILCS 5/). This simplifies the claims process, as the victim does not need to prove that the owner was aware that their animal was dangerous or demonstrate the dog owner’s negligence in any way.

Rather, it is the owner’s responsibility to demonstrate if the victim provoked the animal, such as teasing it or threatening one of its family members.

What Makes Us The Best Lawyers for Illinois Dog Bite Claims?

Having an experienced dog bite lawyer by your side can make all the difference in whether you secure fair compensation. As Super Lawyers-rated attorneys, we are highly familiar with all aspects of dog bite insurance claims, as well as Illinois’s unique dog bite laws.

We will handle all communications on your behalf, allowing you to focus on recovery and increasing your chances of a high settlement. Through our thorough investigations, we can counter the insurance adjuster’s claims that you were liable for the attack. For example, we can secure surveillance footage or eyewitness statements demonstrating that the attack was unprovoked.

Having litigated hundreds of cases like yours, we are well-versed in all the factors that influence a fair settlement and will strive for the highest possible compensation. We’ll use case precedent, expert opinions, and strong evidence to hold dog owners and their insurance companies accountable for your injuries.

While many cases settle out of court, it’s sometimes necessary to file a lawsuit and represent you in front of the court, such as the Cook County District Court. We are proud members of America’s Top 100 High Stakes Litigators, renowned for our ability to craft a convincing yet factual narrative that will demonstrate why you deserve the maximum verdict.

Our Settlements for Dog Bite Insurance Claims in Illinois

Dog Bite Injury Lawyer is a proud member of the Million Dollar Advocates Forum, renowned for securing settlements that are well above the state average for these claims. Through our aggressive negotiation, we ensure complete financial recovery for our clients while holding dog owners accountable.

These are just a few of the many cases we have successfully negotiated for our clients.

• $700,000: Allan, a college student, was training for an upcoming marathon by running through a Rosemont neighborhood. An English Shepherd broke out of its fenced yard, chased him, and bit him on his exposed leg. This resulted in nerve damage and scarring that kept him from participating in the marathon. Though the owner attempted to deny his liability by saying that Allan provoked the animal, we proved otherwise and forced him to pay for the damages.
• $375,000: Three-year-old Marsha was attacked by a pit-mix dog near her Lawndale apartment complex. Tragically, she suffered severe facial injuries that required extensive plastic surgery. While the owner insisted that the dog had never shown any signs of violence, we determined that the animal had previously bitten another neighbor of a similar age, but the incident had not been reported to the authorities.
• $177,555: Terry, an Amazon delivery worker, was dropping off a package in the quiet Humboldt Park neighborhood of Chicago. As he exited his truck with a package in hand, a Giant Schnauzer ran up to him and attempted to wrestle the box away from him. The attack resulted in severe damage to his dominant hand, which forced him to take several months off work. We showed that Terry had not provoked the dog and was simply performing his duties.

Illinois Dog Bite Insurance Claim FAQs

How Much Does Insurance Pay for a Dog Bite?

According to VerdictSearch, the average settlement for a dog bite is $243,857. However, your specific dog bite claim may differ depending on factors like medical expenses, liability coverage, available evidence, and time off work.

What Proof Do You Need for a Dog Bite?

To prove your dog bite claim, gather the following evidence:

• Dog owner’s contact information
• Medical records
• Proof of medical expenses
• Records of all medical appointments and care plans
• Animal Control report or police report
• Proof of time off work and lost wages
• Witness statements

How Long Do I Have to File a Dog Bite Claim in Illinois?

In Illinois, personal injury claims have a statute of limitations of two years (735 ILCS 5/13-202). After a bite, seek immediate medical attention, then contact us so we can begin investigating your dog bite claim.

What if the Dog Owner Doesn’t Have Insurance?

If the owner does not have insurance, then our attorneys will sue them for full damages. These cases are often more challenging, as the owner may not have the financial means to cover the expenses. We can place liens on their personal property that cover your needs.

Should I Accept the First Settlement Offer From the Insurance Company?

No, you should never accept the first offer from the insurance company. The first offer is typically lower than what you deserve and may not cover elements like emotional trauma or future medical care. Additionally, attempting to negotiate without legal representation may lead to a significantly lower settlement.

Do not speak to the insurance company before you have received proper medical care and consulted with an attorney. We will handle all negotiations on your behalf and can also negotiate with your own health insurance company to reduce your medical bills.

What Happens if the Bite Occurred at a Friend or Relative’s House?

The dog owner’s relationship to you does not affect the insurance claim. You can file a claim regardless of whether the owner is a friend or a relative.

Book a Free Consultation and File a Claim with Experienced Attorneys

A dog bite insurance claim can be extremely stressful for victims, especially as they attempt to heal from the physical and emotional distress resulting from an attack. We will guide you through every aspect of a dog bite claim, including handling all communication with the insurance company so that you can focus on recovery.

Our law firm works on a contingency fee basis: no fees unless we win. Contact us today to schedule your free consultation with an experienced dog bite attorney.

Content reviewed by Chicago dog bite lawyer Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC, who hold dog owners accountable to secure compensation for injured victims and their families, and is a trial lawyer recognized by Super Lawyers, the American Association of Justice, and Million Dollar Advocates for serious crash cases across Illinois.