Chicago Dog Bite Lawyer

Each year, many people are bitten by domestic dogs in the United States. While many of these bites are superficial, some bites cause substantial injuries to both adults and children. A portion of these people will require reconstructive surgery as a result of the bite. 

Although it might be easy to brush off the fact that someone’s pet bit you, you shouldn’t be left with all of the bills associated with being bitten by a dog.

You have the right to seek compensation for your injuries after you have been hurt by someone else’s dog.  Hiring an experienced attorney from Rosenfeld Injury Lawyers can help you seek compensation through a personal injury case. 

Chicago, Illinois Dog Bite Statistics

Injuries caused by dogs represent a major problem in the greater Chicago area. Some important statistics worth knowing are:

• Chicago Animal Care & Control receives 35,000+ calls a year related to animal control issues [1].
• Chicago ranks 10th out of all cities in the United States for the number of postal workers bitten by dogs each year [2].
• Most dog bites occur on hot, smoggy, or sunny days [3].
• In accordance with state recommendations, domestic dogs that bite humans should be captured, confined, and monitored by a professional for 10 days after the dog attack to see if it has rabies [4].
• The last rabid dog found in Cook County was found before 1964 [5].
• Under Illinois Law, counties in Illinois are responsible for controlling dangerous dogs and centralizing information related to dog bites.
• According to the Illinois Animal Control Act, dog owners and keepers must take reasonable measures to protect the public from vicious dogs, including confining dogs behind 6-foot fences that they cannot escape from. 
• The state of Illinois has the most expensive dog claim awards after the state of California, with State Farm paying more than $14 million for dog bite incidents in 2016 [6].
• Homeowners insurance policies pay an average of $37,000 per dog bite [7].
• Hundreds of thousands of dog bites each year receive medical attention [8].

How Most Dog Attacks Happen

There are many reasons why a dog attack may happen. In most cases, dog bites happen when dogs react to something [9]. This can happen when dogs are stressed, defending their territory, scared, startled, or not feeling well. In some cases, a dog owner has allowed the dog to nip during playtime and the dog may not realize they shouldn’t play that way. 

Dog owners have a responsibility to ensure their dogs do not cause serious injuries to a human or other animal. 

A dog’s owner must restrain them properly using a leash or crate, use appropriate locking fences on their property, post warnings to the public when their dog has a history of being aggressive, and ensure they have taken steps to reduce the risk of having an aggressive animal, such as enrolling dogs in training programs. 

Why Dog Bite Victims Need a Lawyer

When you have been attacked by a dog, you are entitled to seek compensation through a personal injury lawsuit. However, it’s important to hire an experienced attorney to help represent you through your case. 

Dog bites make for complex legal cases, so having someone who is knowledgeable about the relevant laws, precedents, and statute of limitations can make a big difference in your claim. 

Your Chicago dog bite lawyer can negotiate with insurance companies for higher settlements. Some insurance companies may even offer you more compensation in the initial offer if they know you have hired an attorney to represent you, as they know the attorney will reject an unfair offer.

It is also worth noting your lawyer can work on your case while you focus on recovering from your injuries. Some dog bites require extensive medical treatment and surgery. You don’t want to have to try to balance focusing on your recovery with preparing and filing a legal case. Your attorney can handle that for you.

Your Legal Options Following a Dog Attack

After suffering a dog bite injury in Chicago, you have a few different options available to you. Some dog bite victims choose to do nothing and pay for their own medical bills and other expenses using their own medical insurance policies. 

However, there is no reason for you to pay for these expenses on your own. You can file a dog bite claim against the dog owner’s homeowners insurance company. You can also file a lawsuit in civil court to recover compensation for your injuries following an established legal process for claims. 

Can I Sue the Owner of a Dog That Bit Me?

Illinois is a strict liability state. This means that under Illinois Law, a dog owner can be held liable for the full amount of a victim’s injuries in the event their dog attacks, tries to attack, or injures anyone who is peacefully conducting themselves and who is lawfully on the property [10]. 

If you are trespassing or committing another crime when a dog or other animal bites you, you may not be able to file a civil lawsuit for your injuries. 

Does Dog Breed Matter for My Case?

Some dog breeds are known for being particularly aggressive or dangerous, such as pit bulls, rottweilers, Dobermans, and German Shepherds. However, dog bite victims are able to file dog bite claims no matter the breed of the dog or the extent of the physical damage caused by the animal attack. 

Who Is Liable for Damages if a Stray Dog Bites a Person?

In terms of strict liability under Illinois law, a dog owner is liable when their dog attacks a person. However, stray dogs do not necessarily have owners. 

The first step your dog bite attorneys will take in a dog bite case involving a stray dog is to locate the dog’s owner. Dog owners cannot simply release their dogs and relieve themselves of their pet ownership duties by abandoning their dogs. 

In cases where no dog owner can be found, it might still be possible to pursue a legal claim under negligence. For example, if a dog attacked you on private property and the property owner knew there was a violent dog living there, you could take action against the property owner. 

Damages Our Chicago Dog Bite Attorneys Can Help You Recover

There are many types of applicable damages your Chicago dog bite lawyers can fight for related to your dog bite injury. Which types of damages are available to you will depend on the circumstances of what happened, if there is an insurance company involved, and who is filing the claim.

Economic Damages

Economic damages relate to tangible losses, such as medical expenses. An injured person could file a personal injury lawsuit to hold the dog’s owner accountable for: 

• Medical expenses
• Reconstructive surgery 
• Lost wages 

Non-Economic Damages

Many dog bite victims are able to recover compensation for various types of non-economic damages. These are not related to specific monetary losses and are based on court calculations. Common non-economic damages awarded after a Chicago dog attack include:

• Pain and suffering
• Emotional distress
• Disfigurement

Punitive Damages

Occasionally, judges may award punitive damages as a way to punish the defendant for particularly egregious behavior. The purpose of this is to dissuade the defendant and others from putting other people in danger. 

Within the scope of an animal attack, a judge may award punitive damages in cases where the owner was very negligent. Perhaps they broke the law and allowed their dangerous dog to roam free without a proper fence or leash. In other cases, punitive damages could be awarded if a dog owner intentionally tried to teach their dog to be aggressive, such as for dog fights.

Wrongful Death

Unfortunately, a dog attack victim may die as a result of their serious injuries. A family member can file a lawsuit on their behalf. With the help of our Chicago wrongful death attorneys, families can often recover compensation for the medical bills of the deceased, funeral expenses, loss of society, emotional trauma, and other forms of compensation. 

There Is a Limited Time to File a Dog Bite Injury Claim

Under current law, dog bite cases in Chicago are subject to the statute of limitations for personal injury cases. You have two years from the date of injury under this law. This is the amount of time you have to file a civil claim for your dog bite injuries. 

If the victim is a child at the time of the injury, there are generally two options available. The parents or legal guardians can file a claim on behalf of the victim to cover their child’s medical bills and other expenses more urgently with the help of our Chicago child injury lawyers.

Otherwise, the statute of limitations could be tolled or paused until the child turns 18 years old. If your case involves a minor, it’s critical to discuss how the statute of limitations will impact your specific case. 

Common Types of Dog Bite Injuries

A dog bite injury can range from fairly mild cuts to life-altering injuries such as disfigurement. Common types of injuries a dog bite victim may suffer include:

• Puncture wounds 
• Post-traumatic stress disorder 
• Infection
• Eye injuries
• Scarring
• MRSA
• Broken bones
• Disfigurement
• Soft tissue injuries
• Head trauma
• Lacerations
• Nerve damage
• Head trauma
• Rabies
• Tetanus
• Death

Severity of Dog Bite Injuries

Dog bite injury claims are rated using the Dunbar Bite Scale, which classifies the severe injuries sustained during a dog bite incident into six different classes [10]. Class 1 is the least serious dog bite, and class 6 is the most serious.

What Should I Do After Getting Bitten by a Dog?

After you or a family member has been bitten by a dog, you must first make sure you move to safety. This can mean going inside a nearby building away from the aggressive dog. You don’t want to remain in danger from an additional attack. Once you’re in a safer spot, following these steps can strengthen your case if you decide to file a dog bite lawsuit:

• Call animal control or law enforcement – If a dangerous dog has hurt you or continues to pose risks to the community, it is a good idea to call the police or animal control to come to the scene. Their investigation can help to bolster your dog bite case.
• Seek immediate medical attention – Even if you feel like your injuries are minor, it is imperative you seek medical attention immediately. Bacteria in dog saliva can increase your risk of infection and dog teeth can do a lot of damage to your skin. By seeking medical attention, you can also use your medical records as evidence in a potential dog bite lawsuit.
• Document the dog bite – Successful dog bite cases are built on strong evidence. Take photos with your smartphone to document the healing process. If it’s possible that the animal attack was documented by video surveillance cameras, your dog bite attorney will try to obtain a copy of the footage. 
• Get the contact information of the owner – Since you can’t file civil litigation against the dog who bit you, you have to find out who the dog owner is. If the owner was present at the time of the attack, then be sure to get their contact information right away. Otherwise, you will need to figure out who the dog belongs to. If you call animal control, they can check if the dog is microchipped to identify the animal owners.
• Gather insurance information –  A dog bite victim can often file a claim against the dog owner’s homeowners insurance policy. In many dog bite cases, it is the insurance company that pays dog bite claims. 
• Schedule a free consultation with a dog bite injury lawyer – The next step is to schedule a free consultation with a Chicago dog bite lawyer who is knowledgeable about dog bite law and who can help you evaluate your case and provide you with information about your legal rights to fair compensation. 

Proving Dog Bite Injury Claims

Your experienced dog bite lawyer will help you obtain the proof you need for your dog bite case. This often includes gathering medical records, witness testimony, and other forms of evidence to show the judge or jury how your injuries were caused by the dog. 

The sooner you are able to schedule a case review with a dog bite attorney, the better chance they will have to gather the evidence they need. 

Some forms of evidence, such as business surveillance footage or home security camera videos, could be impossible to obtain the more time that passes. Even if you aren’t sure of what your next steps are legally, discussing your potential case with an experienced attorney can help you to preserve your options.

Contact Our Chicago Dog Bite Lawyers Today!

As a Chicago law firm, Rosenfeld Injury Lawyers are knowledgeable about how the Illinois dog bite laws apply to cases in Cook County and beyond. We have helped clients recover damages to cover medical bills, pain and suffering, and other losses. We work on a contingency fee basis, so you do not need to pay anything upfront for our services. 

Contact a dog bite injury lawyer at Rosenfeld Injury Lawyers for a free consultation with our law firm by filling out our contact form or calling toll-free at (888) 424-5757. A member of our team is available 24 hours a day to accept calls.

We also serve clients from Buffalo Grove, Elgin, Schaumburg, Rockford  and throughout Illinois.

Resources: [1] Chicago Field Services, [2] USPS, [3] Scientific Reports, [4] Illinois Department of Public Health, [5] Illinois Department of Public Health, [6]  Illinois State Bar Association, [7] III, [8] American Veterinary Medical Association, [9] American Veterinary Medical Association, [10] The Association of Professional Dog Trainers