What Damages Are Recoverable in Dog Bite Cases?

Seeking Full Financial Recovery After a Dog Attack

A dog bite can have a very serious impact on the victim’s life. Not only might you face painful physical injuries, but the emotional and financial implications of the dog bite can last a lifetime. In Illinois, you have the right to seek full compensation from the dog’s owner or caretaker if you can prove that the attack was unprovoked.

Winning a dog bite claim is a challenging legal process. Our personal injury law firm can guide you through the claims process and increase your chances of earning fair compensation for the full range of your losses. We have helped numerous victims hold the liable dog owners accountable for their negligence.

In this guide, we will examine the various legal damages you could earn with the help of experienced dog bite attorneys in Chicago.

Understanding Compensatory Damages in Dog Bite Injury Cases

If you want to pursue a claim related to the dog owner’s negligence, you rarely have to prove liability in Illinois. However, you will need to establish the fact that you suffered legal damages as a result of the dog attack. A successful lawsuit will help you recover damages with money from the defendant’s personal assets and their insurance company.

The two primary categories of compensatory damages are economic and non-economic. Let’s take a closer look at both to understand how they affect your dog bite settlement negotiations.

Economic Damages: Your Calculable Financial Losses

Economic damages are simpler to calculate, as they include all the out-of-pocket costs and financial losses caused by the dog bite. Here are the most common economic damages in personal injury cases:

• Lost wages – If the dog bite forces you to miss work for a time, you can recover lost income in the settlement
• Medical expenses – You can recover medical expenses associated with your treatment, including reconstructive surgery, emergency care, medication, rehabilitation, and physical therapy
• Future medical costs – Medical professionals can help establish the future medical expenses you may face due to ongoing care
• Property damage – Though this may be rare in dog bite incidents, damage to your personal possessions can be included in the settlement
• Diminished earning capacity – If the injuries or psychological impact are significant enough, you may struggle to find and keep gainful employment in the future

Non-Economic Damages: The Human Cost of a Dog Bite

Non-economic damages are used to cover the intangible losses and emotional injuries of the victim. The most common non-economic damages in personal injury claims include:

• Emotional distress – A dog bite injury can cause immense emotional trauma, such as anxiety, depression, Post-Traumatic Stress Disorder, and even the fear of dogs
• Pain and suffering – Pain and suffering damages may be assessed if the dog bite injury caused ongoing pain, either from the wound itself or the medical treatment plan
• Permanent scarring and disfigurement – Dog bite injuries can leave the victim with permanent alterations to their physical appearance, reducing their quality of life
• Loss of normal life – A traumatic event can cause the victim to struggle to enjoy normal aspects of life, which can result in a higher settlement

How Illinois Law Differs from the “One Bite Rule”

Many states operate with a “one-bite rule,” which means that a dog owner may be exempt from liability if their dog has not displayed aggressive behavior in the past and this is the first offense.

Illinois is a strict liability state regarding dog bites. Under state law 510 ILCS 5/16, the owner can be held liable for their dog attacking, attempting to attack, or causing injury to a person who is peaceably conducting themselves without trespassing.

Due to this legal distinction, all a dog bite victim has to prove is that they did not provoke the attack or trespass on the owner’s property at the time the incident occurred. Unlike other personal injury cases, the victim does not have to prove that the owner was behaving negligently, as liability is automatically assigned.

As a result, dog bite victims have an easier time obtaining compensation for medical bills, emotional distress, pain and suffering, and lost wages.

Are Punitive Damages Possible in a Dog Bite Claim?

Punitive damages are an additional form of compensation intended to deter the defendant and others from future violations. Punitive damages can increase the value of your settlement, but they are only awarded in cases involving gross negligence or intentional misconduct.

For example, a dog owner may have a fence around their property and an aggressive dog. If the fence falls into disrepair and it is obvious that the dog can escape, the owner may be guilty of gross negligence if the animal gets out and bites someone walking by.

A dog bite lawyer could argue that the owner displayed gross negligence in not repairing the fence, given that they had already been aware of the pet’s aggression.

How an Experienced Dog Bite Lawyer Helps Secure Fair Compensation

Suing after a dog bite injury can be a complex process. Even though Illinois is a strict liability state, the defendant may claim that you were provoking the dog or trespassing when the attack occurred. In either case, experienced legal representation could be the difference between having your claim dismissed and securing the maximum settlement.

Our dog bite injury law firm has decades of experience supporting victims of dog attacks in the state of Illinois. Our attorneys understand your legal rights and will provide a compassionate approach to the claims process, ensuring you can focus on your recovery while we handle the legal details.

Our legal services include:

• Investigating the dog bite case to prove your innocence
• Gathering compelling evidence from the scene, such as witness statements, police reports, photos of the animal, or surveillance footage of the dog bite
• Assessing all compensatory damages to help you secure maximum compensation for your losses
• Obtaining detailed records of your medical treatment and long-term consequences
• Researching the dog’s past behavior and animal control records to establish a pattern for payout negotiations
• Negotiating with the insurance companies for maximum compensation
• Litigating in civil court if a settlement cannot be reached
• Helping you recover punitive damages if the owner was malicious or grossly negligent
• Ensuring you are within the statute of limitations for personal injuries (within two years of the incident under state law 735 ILCS 5/13-202)

Get a Free Consultation to Discuss Your Financial Recovery

The right dog bite lawyer can make a significant difference in your civil claim. Whether you have suffered from psychological trauma, a permanent disability, ongoing physical discomfort, or excessive medical bills, our law firm is committed to helping you fight for justice.

Our attorneys will ensure you understand the full value of your dog bite claim. We also know what tactics the insurance company may use to undermine your case and make lowball offers.

We work on a contingency basis, so you pay nothing unless we win the claim. Additionally, you can ask questions about dog bite wounds and factors that affect the settlement during a free initial consultation.

Contact us today to schedule your free initial consultation with a professional dog bite lawyer.