Illinois Dog Attack Wrongful Death Lawsuit

Chicago Personal Injury Attorneys Helping Family Members Seek Justice for Fatal Dog Attacks

Although the canine population is rather small compared to other states, Illinois has the 8th highest number of dog bite insurance claims in the country. State laws allow injured victims to pursue compensation for legal damages suffered as a result of a dog attack. If the victim dies because of their injuries, surviving family members can pursue a dog attack wrongful death claim instead.

Pursuing legal action after the loss of a loved one can be extremely distressing. Many survivors cannot fathom the concept of a lawsuit amid their grief. However, our experienced attorneys understand the importance of compassion and sound legal advice during this difficult time.

Our Chicago dog bite lawyers will stand by your side to fight for justice and help secure your family’s financial future after a tragic incident.

How Can a Dog Bite Be Fatal?

Although dog bite deaths are not a common occurrence, every fatality is a tragedy that likely could have been avoided. Whether the attack occurs due to owner negligence, trespassing, or provocation, the victim could suffer fatal injuries.

Here are a few scenarios where a fatal dog attack could result in the death of the victim:

• Puncture wounds or lacerations become infected with bacteria
• An infectious disease is transferred to the victim through a dog bite
• The physical damage is so severe that the victim does not survive the attack
• The attack involves a vulnerable person, such as a child or older adult
• Severe blood loss or complications from the victim’s injuries lead to death

What Legal Options Do Families Have After Losing a Loved One to a Dog Attack?

Under the Illinois Animal Control Act (510 ILCS 5/16), dog owners have strict liability for legal damages caused by their pets. This means you do not have to prove that the at-fault party was behaving negligently at the time of the attack. All that must be proven is that the victim was attacked and did not trespass on the owner’s property or provoke the animal.

This counters the “one-bite rule” that many states have. In these municipalities, an owner may not be liable for a first offense if the dog does not have a history of aggressive behavior. In most states, including Illinois, owners are strictly liable whether it is the dog’s first attack or not. This gives victims an easier path to holding negligent owners accountable.

If the victim of the attack is killed or dies due to their injuries, their family can pursue a dog attack wrongful death lawsuit under the Illinois Wrongful Death Act (740 ILCS 180/). This type of lawsuit is for the benefit of the surviving spouse and next of kin, such as dependent children.

Depending on the circumstances, a wrongful death claim may address losses suffered by eligible surviving family members following the fatal attack.

Can Surviving Family Members Seek Compensation for Pain and Suffering?

Similar to a personal injury claim, families can seek compensation for pain and suffering. It is also possible for the plaintiffs to recover medical treatment costs and other damages, depending on the victim’s age and whether the owner knew their dog was dangerous.

Here are some other types of wrongful death compensation:

• Lost income – If the deceased individual earned an income that the family depended on, lost wages can be recovered
• Funeral expenses – Recovering compensation for funeral and burial costs is also possible
• Emotional distress – This could apply to the victim when they were injured and the family members after their loss (Post-Traumatic Stress Disorder, anxiety, depression, and suicide ideation)
• Loss of companionship – Spouses and children can receive additional compensation for the grief caused by their loved one’s loss
• Medical expenses – Depending on the circumstances, medical costs incurred between the attack and the victim’s death may also be recoverable

Are Cases Involving Dangerous Dogs and Previous Aggressive Behavior Treated Differently?

While Illinois law doesn’t view breeds, for example, pit bulls, differently, there are potential differences between a claim involving a first offense and a claim involving a dog with a history of aggression.

A dog can be deemed dangerous after an investigation by Animal Control officers following a past offense. If this dog is again responsible for serious injuries, it could constitute gross negligence or intentional misconduct.

In cases like these, a judge or jury could award additional compensation to the victims or their families, called punitive damages. This type of financial coverage is more likely if the owner showed reckless disregard or repeatedly violated lawful orders. For example, if the owner failed to restrain their dog or broke leash laws on numerous occasions, this could be defined as reckless disregard.

Evidence of prior attacks, dangerous-dog designations, Animal Control reports, leash violations, or other warnings may be important when investigating a fatal dog attack and determining potential liability.

Who Can Be Held Liable for Fatal Dog Bite Injuries?

Although the most obvious responsible party is often the owner, some cases are not as straightforward. Here are some potentially liable parties in a dog attack wrongful death case:

• Dog owner: Primarily liable under Illinois law
• Landlord or property owner: If they knew of the dog’s danger and failed to act
• Caretakers or handlers: If they had custody or control at the time of the attack
• Other potentially responsible parties: Depending on who had custody, control, or legal responsibility for the animal or property

FAQs

Book a Free Consultation

When you are dealing with the aftermath of a dog attack wrongful death, including medical bills, burial expenses, lost wages, and grief after a tragic loss, the complexities of a legal case could prevent you from pursuing justice. At our law firm, we provide a compassionate approach to the wrongful death claims process, ensuring you have the space you need to grieve while we handle the legal logistics of filing a lawsuit.

Our legal services include:

• Investigating the dog owner after a fatal dog attack
• Researching the “dangerous dog” designation
• Gathering evidence, such as witness statements or surveillance footage
• Protecting your rights under state law
• Assessing all legal damages caused by the dog attack
• Filing the wrongful death lawsuit in civil court
• Negotiating for full compensation
• Ensuring the owner is held responsible
• Obtaining medical and autopsy reports
• Investigating prior complaints, Animal Control records, and other evidence related to the dog

Our personal injury lawyers work on a contingency fee basis. This means you owe nothing unless we win. We also uphold the attorney-client relationship and will keep your information confidential.

Contact us today to schedule your free consultation with our expert personal injury attorneys.

Legally Reviewed By
Attorney Jonathan Rosenfeld

Content legally reviewed by Jonathan Rosenfeld The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC. With extensive experience representing dog bite victims across Chicago, Mr. Rosenfeld is dedicated to helping injury victims hold negligent dog owners accountable and pursue the maximum compensation available under the law. His deep legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.

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