Is Filing a Dog Bite Lawsuit Worth It?

In Illinois, dog bites can have serious consequences for the victims. As one of the leading states for dog bite insurance claims, it is always a possibility that a loose or unleashed dog could attack you and cause severe injuries. In the aftermath of an attack, the thought of filing a lawsuit against the owner may seem overwhelming, especially if you are facing a complicated recovery process.

Sadly, a personal injury claim may be the only way to recoup some of the financial losses suffered because of the dog attack. When you are facing expensive medical bills, emotional trauma, and lost income, a successful claim can result in fair compensation for these losses.

When filing a dog bite claim against the owner, experienced attorneys can make all the difference in your fight for maximum compensation. Our personal injury law firm will help you assess your damages, overcome insurance company tactics, and leverage Illinois laws to your benefit.

Key Factors to Consider When Making Your Decision

Pursuing legal options after canine-related injuries can feel daunting. However, it may be the only solution to secure your financial future.

Here are some common reasons why injured victims seek significant financial compensation after being attacked by dogs:

• They are forced to miss work for a substantial amount of time, resulting in lost wages
• They are struggling with the psychological scars left by the attack
• They cannot afford all the medical bills associated with their medical care
• They are concerned about the costs of ongoing rehabilitation
• They have children or spouses who are financially dependent on their ability to work

The Illinois Advantage: No “One Bite Rule” for Dog Bite Claims

Many states have a “one-bite rule” when it comes to dog bite lawsuits. Under this statute, the owner of a dog who attacks someone may be exempt from liability if the animal has never bitten someone or acted aggressively in the past. This can make it difficult for victims to seek compensation for their significant injuries.

The Illinois Animal Control Act (510 ILCS 5/) makes it far more realistic for the victim of a dog bite to earn substantial compensation. This law establishes strict liability for dog owners whose pets injure other people in unprovoked attacks.

Even if the dog has no history of aggressive behavior or past bites, the owner remains responsible for any resulting legal damages. It doesn’t matter whether the owner knew of the dog’s potential to bite someone.

What Financial Compensation Can Be Recovered?

A dog bite injury can have physical, emotional, and financial consequences. The value of your case will depend on the legal damages you suffered as a direct result of the attack.

Here are the primary categories of legal damages in aggressive dog bite lawsuits:

Economic Damages

• Lost wages
• Medical expenses (surgery, medication, emergency care, rehabilitation, physical therapy)
• Future medical costs
• Lost earning capacity
• Property damage

Non-Economic Damages

• Emotional distress (Post-Traumatic Stress Disorder, anxiety, depression, fear of dogs, self-harm)
• Pain and suffering from the physical injuries caused by the dog
• Loss of enjoyment of life
• Scarring and disfigurement

Punitive Damages

When defendants behave with gross negligence or intentional misconduct, a judge or jury may award additional compensation to the plaintiff to further punish the at-fault party.

The Importance of Gathering Evidence for Your Case

Dog bite cases depend on strong documentation from the plaintiffs. Although the owner assumes liability if you did not provoke the attack or trespass on their property, you will still need evidence of your legal damages. You may also need to prove that you did not provoke the dog if the owner uses this defense.

Knowledgeable attorneys from our law firm can help you gather the following types of evidence to support your claim:

• Photos of your injuries
• Photos of the dog
• Animal Control accident reports
• Medical records of your diagnosis and treatment
• Receipts from medical expenses
• Lost income documentation
• Witness statements
• Expert testimony
• Owner contact information
• Reports of past aggression from the dog in question
• Surveillance footage of the accident

What If the Dog Owner Is a Friend or Neighbor?

Most dog bite claims are resolved through the owner’s renter’s or homeowner’s insurance policy. Dog attacks often fall under the liability portion of their coverage. In some cases, specific dog breeds may be excluded from this type of coverage; in such instances, the owner’s personal assets will be used to cover fair compensation.

In either case, filing a lawsuit against a friend or neighbor can be challenging. This is why insurance policies are the primary tool for covering payouts. It ensures your neighbor or friend does not have to use personal assets to pay for your legal damages.

How a Lawyer Can Help Your Dog Bite Claim

Pursuing a claim for a dog bite injury is a difficult process. You need to deal with the insurance adjuster, calculate the full value of the claim, and fight for a higher settlement amount. All these steps can overwhelm a victim who is also trying to heal from the attack.

Our law offices can handle the legal heavy lifting for you. Our legal services include:

• Providing expert legal counsel regarding state laws
• Protecting your legal rights
• Investigating the attack
• Gathering evidence from various sources
• Assessing all legal damages
• Negotiating with insurance coverage entities
• Litigating in civil court if necessary
• Adhering to the two-year statute of limitations in Illinois(735 ILCS 5/13-202)

Our expert attorneys know what it takes to win these types of claims for dog bite victims. Here are some past settlements our clients have won due to compassionate legal representation:

• $1,200,000 – Olivia, a toddler, was playing in her relatives’ living room when their Doberman lunged and bit her face. She underwent multiple surgeries and was left with permanent scars that will affect her for life. The seriousness of her injuries and her young age significantly increased the settlement value.
• $700,000 – While visiting a friend’s home, Angela was bitten on the arm by their dog, causing nerve damage and scarring. The injuries limited her ability to perform tasks at work and left lasting cosmetic effects. Both functional and emotional impacts contributed to increasing the case value.
• $177,555 – Delivery worker Mark was carrying packages when a Giant Schnauzer rushed out and mauled his dominant hand. He developed nerve damage, forcing him to miss months of work and undergo therapy. The long-term impact on his livelihood was heavily weighed in the settlement.

The Severity of the Injury and Permanent Scarring Is Often the Deciding Factor

Although even minor injuries can affect your emotional health, not all injuries are worth pursuing a lawsuit for. The time spent pursuing the claim may not be worth the trouble, especially if you incurred few legal damages as a result of the dog bite.

However, if your injuries require professional medical attention, cause permanent scarring, or force you to miss a lot of work, a lawsuit may be essential to cover all the costs of your suffering.

What If I Was Blamed for the Dog Attack?

The only defenses a dog owner can use in Illinois after a dog attack are that you were either trespassing on their property or provoking their dog. Although modified comparative negligence means that personal injury victims in Illinois can share fault, the strict liability statute prevents this in dog bite scenarios.

If you are being blamed for the attack, our dedicated attorneys will help you fight back against false claims of provocation or trespassing. Our goal is to ensure the owner is held responsible for your physical suffering and emotional trauma.

Schedule a Free Consultation to Learn if a Lawsuit is Right for You

Our experienced Chicago dog attack attorneys offer a compassionate approach to the claims process. As you seek compensation for your losses, whether minor injuries or debilitating conditions cause them, our team will fight for every dollar you deserve from the insurance company.

At our law offices, we work on a contingency fee basis. This means you pay nothing unless we are successful in recovering compensation on your behalf. If you have questions about taking legal action, we offer free consultations.

If you or a loved one has been devastated by a dog bite, contact our law offices today to schedule your free consultation.