Chicago, IL, is one of the most dog-friendly cities in the country, with about 22 dogs for every 100 people. While this is great for owners, it can also spell serious danger for those who come into contact with aggressive dogs.
Personal injury attorneys offer help for dog bite victims in Chicago, including navigating the insurance claims process and providing trial representation if necessary. These are the most essential elements of a dog bite lawsuit that victims should understand before contacting an attorney for a free consultation.
Strict Liability: Owner Negligence Is Key
Unlike states with a one-bite rule, Illinois imposes strict liability on dog owners, and the first documented bite can result in legal consequences. Dog bite victims do not need to prove that the animal had a history of unprovoked attacks before filing a claim.
Most personal injury lawsuits put the burden of proof on the victim, who must show that they were injured and that the injuries were a direct result of the defendant’s actions. In dog bite cases, the owner must prove that the bite did not occur or that it was a provoked attack. For example, a trespasser bitten by a guard dog cannot sue, and someone who harassed or threatened the animal would likely not have grounds for a suit.
In most cases, a dog bite claim is filed with the owner’s insurance company, such as homeowners or renters insurance. If they did not have insurance, then they may be sued personally
Evidence for a Dog Bite Case
Dog bite evidence relies on a simple premise: the dog belonged to a certain person, and the victim’s injuries were the result of a dog bite. Other evidence strengthens this claim and makes it more difficult for the owner to claim provocation or trespassing.
Incident Report: Call the police after a dog bite and file an incident report. Chicago Animal Care and Control may seize the animal for testing and observation. The responding officers can provide an impartial statement regarding the animal attack which can support your claim.
Medical Records: Always go to the hospital after a dog bite to have the wound photographed, cleaned, sutured, and wrapped. You may also receive preventive antibiotics and vaccinations as needed. This establishes that your injuries resulted from the bite.
Animal Control Records: Chicago Animal Care and Control will likely take the animal back to a kennel, where it will be scanned for a microchip and examined by a veterinarian. The microchip registration can verify the owner’s identity, and the veterinarian assessment can determine whether the animal attacked due to illness or injury.
Veterinary Records: These further support the owner’s identity.
Surveillance Footage: If there were any doorbell cameras or other surveillance footage of the accident, this can prove that you were not harming the animal and were an invitee of the property.
Witness Statements: Others who witnessed the attack can provide their testimony of what occurred, and they can also dispute any claims that you were attacking the animal or trespassing.
Proof of Damages: Time off work, medical bills, hospital invoices, and receipts for out-of-pocket medical expenses can be used to prove your economic damages.
Proof of Non-Economic Damages: Personal testimony, statements from friends and family, photos of injuries, and statements from your medical team will show non-economic damages like pain and suffering.
Lawsuit Process
Most cases are settled out of court with the applicable insurance company, but sometimes a lawsuit must go to trial. This may occur if the owner didn’t have insurance or if there were multiple liable parties involved.
In this case, your attorney will file a complaint with the Circuit Court of Cook County, then begin sharing information with the other parties, a process called discovery. You will be asked to provide statements under oath that can be used to support the claim.
You and your attorney will attend hearings with the other parties, which are done to determine all the facts of the case and try to reach an equitable agreement with the other parties involved. If this does not come to agreement, then you will be asked to attend a trial, where a judge and jury will determine who is liable. If your claim is successful, then the court will award a verdict.
Whether your case settles out of court or you receive a court award, the proceeds may be subject to taxation. There are ways to avoid paying taxes on settlement proceeds, which typically depend on how the settlement is structured and how the damages are categorized.
Your attorney will work to reduce your tax liability when possible, but you should consider working with a financial advisor to ensure you file the appropriate taxes and remain in compliance with the IRS.
Dog bite lawsuits can be overwhelming, which is why a personal injury attorney is a valuable ally. These professionals protect your legal rights, guide you through claims and lawsuits, and help maximize your settlement so that you can recover in comfort.
If you want to know about When to Contact a Dog Bite Injury Lawyer then visit our Accidents Law category.
