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How to Measure the Emotional Distress Caused by a Dog Bite

Rosenfeld Injury Lawyers LLC Team

The Invisible Wounds of a Dog Attack

Not all injuries caused by a dog bite are visible. In fact, the incident’s longest-lasting impact may be on the victim’s emotional health. When you get viciously attacked by a dog, no matter how severe the physical injuries are, you could live with the psychological trauma for a long time.

Pursuing compensation for both physical and emotional pain and suffering can lead to a larger settlement for the dog bite victim.

Fortunately, Illinois law recognizes the impact that emotional distress can have on a person’s life after a significant injury. Our dog bite injury attorneys can help you maximize compensation for various economic and non-economic damages after a dog bite attack, including emotional distress.

Dog attack emotional distress claim

What Is Legally Considered “Emotional Distress”?

Emotional distress can cover a wide range of emotional and mental health challenges after a traumatic event. Here are some of the most common examples of this non-economic loss:

  • Post-Traumatic Stress Disorder (PTSD)
  • Anxiety
  • Depression
  • Sleep disturbances
  • Withdrawal from social activities
  • Unexplained fatigue
  • Suicidal thoughts
  • Unusual anger or irritability
  • Intense fear of dogs

How Do We Prove Emotional Damages in Court?

Proving emotional trauma requires specialized evidence. While it is easy to demonstrate medical expenses and lost wages as losses in a legal claim, the effect of psychological injuries is harder to prove.

Strong documentation is required to prove that you are suffering emotionally as a dog bite victim. In most cases, this will require expert testimony from psychologists, therapists, or other emotional health professionals. Our attorneys know how to prove this type of damage in your personal injury lawsuit.

Types of evidence that could support your emotional distress claim include:

  • Journal entries
  • Mental health professional diagnoses
  • Treatment plans
  • Medical bills
  • Manifestation of physical symptoms
  • Correspondence that demonstrates your emotional damages

Calculating Compensation for Emotional Distress and Its Impact on Daily Life

Attaching a monetary value to emotional damages can be confusing, especially for first-time plaintiffs. How do you determine a number to demand for a settlement when the suffering is intangible?

Various methods are used to calculate the value of non-economic damages, including:

  • Multiplier method – The amount of economic damages will be multiplied by a factor based on the impact on your daily life
  • Per diem method – A daily value is determined for the harm you have suffered, which is then multiplied by the number of days you have suffered

Your Right to Full Compensation Under Illinois Law

According to the Animal Control Act (510 ILCS 5/), dog owners in Illinois are strictly liable for legal damages caused by their pets. This means that unless you provoked the dog or were trespassing at the time of the incident, the owner must cover your losses resulting from the injuries.

In some states, the “one-bite rule” protects owners from liability for a first offense if their dog has not displayed aggressive behavior in the past. In Illinois, the owner is liable for all unprovoked attacks regardless of the animal’s history.

Therefore, you can recover a settlement for Post-Traumatic Stress Disorder, medical bills, physical scars, pain and suffering, and other losses if you did not provoke the attack.

How Our Firm Fights for the Compensation You Deserve

When you seek compensation for lost wages, medical expenses, and emotional trauma after a dog attack, you need an experienced law firm on your side. Our Chicago dog bite injury team has recovered multiple settlements for many victims of dog attacks, including:

  • $885,000 – Teenager Derek was bitten and pushed into a bonfire by a dog at a cookout, causing burns and scars.
  • $375,000 – Three-year-old Sophia needed facial surgery and was left with permanent scars after a pit bull attack.
  • $177,555 – Delivery driver Marcus sustained nerve damage to his dominant hand after being attacked by a Giant Schnauzer.

We understand the profound impact a dog attack can have on a victim’s emotional health. While the physical pain may heal, the emotional distress caused by the dog bite could last a lifetime. Our team has experience calculating the impact of this loss on your life to ensure you receive maximum compensation.

Our legal services include:

  • Investigating the animal attack
  • Gathering valuable evidence, such as witness statements, medical records, and documentation of PTSD symptoms
  • Assessing all legal damages
  • Remaining within the two-year statute of limitations in Illinois (735 ILCS 5/13-202)
  • Negotiating with insurance companies for full compensation
  • Litigating in civil court if necessary

Our personal injury attorneys work on a contingency fee basis, meaning you owe nothing for our legal help unless we secure a favorable outcome. Contact us today to schedule a free consultation about how your emotional injuries may affect your ability to recover compensation.

Client Reviews

All I can say is that I wish I would have contacted these attorneys earlier. After getting low-balled by an insurance company they were able to secure a settlement shortly after I hired them. They were knowledgeable about the law and took the time to understand my situation. I can’t say how pleased...

Sheila C.

I had a work-related dog attack that caused me to fall down a flight of stairs while making a delivery. A friend suggested I talk with these attorneys to help with the workers’ compensation and claim against the homeowner. They took care of both cases for me and handled all of the paperwork to make...

Mike W.

If you are looking for a top dog bite lawyer, call Mr. Rosenfeld and his associates. They are very pleasant to work with and promptly return calls and text messages. I and certain that they can get your case promptly resolved for the fair value.

Jamie S.

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