Medical Expenses in Dog Bite Cases

Medical Costs of a Dog Bite Injury

Every year, dog bites lead to significant medical costs in Illinois for injured victims. In many cases, these medical expenses in dog bite cases are paid out of homeowner’s insurance policies from the at-fault parties.

According to the Insurance Information Institute, dog bite claims totaled $47.5 million in the state in 2021. The average cost of a claim was over $52,000.

If you are the victim of a dog bite in Illinois, shouldering these medical bills after a traumatic attack can feel overwhelming. Fortunately, state laws provide you with several avenues for handling this financial burden and holding the negligent dog owner accountable for your suffering.

Use Your Own Health Insurance for Immediate Bills

Since Illinois is a strict liability state, ultimate responsibility for your legal damages will fall on the dog owner’s insurance company. However, the initial medical costs you face cannot be covered by the defendant until a claim is resolved. Therefore, you must submit your initial medical bills to your own insurance carrier.

This ensures that the doctors and medical entities receive payments on time and the bills do not proceed to collections.

The Dog Owner’s Legal Responsibility for All Medical Treatment

The reason Illinois has strict liability laws is due to the Animal Control Act (510 ILCS 5/). Under this statute, the dog owner is legally responsible for the full cost of all reasonable and necessary medical care that results from the dog bite injuries.

Rather than having to prove that the dog owner is negligent, this is automatically assumed to be the case. However, you must prove that you did not provoke the dog, nor did you trespass on the dog owner’s property at the time of the incident. If you can confirm this, medical bills after a dog bite will be the owner’s responsibility.

Proving that you are innocent of provocation and that you suffered legal damages from the dog bite can be a complex process. Our law firm has years of experience holding dog owners accountable and assessing the full damages of dog bite plaintiffs.

Where Does the Final Payment Come From?

At the end of a dog bite lawsuit, the settlement is typically paid by the dog owner’s homeowner’s insurance policy. In some cases, the payout may also come from their personal assets. A large portion of your settlement will likely go to your insurance carrier for the costs they incurred for your initial medical expenses.

The Dog Owner’s Insurance Policy

In most cases, payment for medical bills after a dog bite will be covered by a homeowner’s insurance policy. This type of claim falls under the liability portion of most policies. It could also come from a renter’s insurance policy for the same reason.

It is important to note that some insurance policies do not cover injuries caused by certain breeds. Breeds that are more likely to cause dog bite injuries, such as pit bulls or German Shepherds, may be excluded from the liability portion of the dog owner’s insurance coverage. In this case, the medical bills after a dog attack may be covered by the owner’s assets.

What If the Owner is Uninsured?

If the dog owner is uninsured, it does not necessarily mean you cannot seek compensation for medical expenses. Instead, you may have to file a personal injury lawsuit. This legal action will allow you to recover a settlement from the dog owner’s personal assets rather than from an insurance company.

Suppose assets are required to pay off a dog bite settlement, either due to the dog owner being uninsured or not having enough coverage for the total value. In that case, the following items may be used to finalize the payout:

• Real estate properties
• Bank accounts
• Investments (stocks and bonds)
• Wages (called wage garnishment)
• Valuable possessions (boats, cars, and other property)

How Your Health Insurance Is Reimbursed

In personal injury claims, there is a legal concept called a medical lien. A medical lien is typically used to reimburse a provider or insurance company out of a personal injury settlement.

For a dog bite incident, let’s look at an example of how this process would work. First, you would seek treatment for the injuries suffered from the dog attack. The provider would then bill your insurance carrier for services rendered once you file an insurance claim. You would be responsible for covering any deductibles and copays.

However, the insurance company would then place a medical lien on your potential settlement. If your claim is successful against the dog owner, then the insurance company or healthcare provider would receive the amount owed before the rest of the settlement goes to you.

This is why documenting your dog bite injuries, treatment, and rehabilitation costs is crucial. You need an accurate record of these medical expenses to estimate how much will be taken out of your settlement for the medical lien.

What Medical Costs Are Covered in Dog Bite Claims?

Dog bite victims can recover compensation for all medical costs that are reasonably associated with their injuries. Medical records, test results, and doctor testimony will play a crucial role in proving these damages to secure a favorable settlement from the dog owner.

Here are some common medical treatment costs that may be included in your claim:

• Emergency room care
• Reconstructive surgery
• Physical therapy
• Medication for pain management
• Rehabilitation
• Medical devices
• Psychological trauma treatment
• Diagnostic imaging
• Vaccinations
• Hospital stays
• Insurance coverage copays and deductibles

If a dog bite occurs, it is important to consider taking legal action against the dog owner swiftly. In Illinois, the statute of limitations for personal injury claims gives dog bite victims two years from the date of the incident or the date of discovery of their injuries to pursue compensation (735 ILCS 5/13-202).

Some exceptions may extend that deadline, such as a minor victim of a dog bite or a defendant who leaves the state.

Contact Our Illinois Dog Bite Lawyers for a Free Consultation

The right dog bite attorney can make all the difference in recovering compensation for your medical expenses. Our team can provide the following legal services to increase your chances of securing your financial future:

• Investigating the dog’s past behavior for negotiation leverage
• Gathering evidence from witnesses, nearby surveillance cameras, and medical professionals
• Establishing negligence for the dog owner
• Guiding you through leash laws and strict liability
• Assessing all legal damages caused by the dog bite attack, including reconstructive surgery costs and future rehabilitation bills
• Negotiating with insurers for the maximum settlement
• Litigating in civil court if necessary

Our firm works on a contingency fee basis with all our clients. This means there are no upfront costs for our services, and we only get paid if we win.

Contact the best Chicago dog bite lawyers today to schedule a free consultation with our expert attorneys if you want to learn more about holding negligent dog owners accountable for your medical expenses.