Palatine
People love their pet dogs. However, things can go wrong. Each day, a thousand Americans require emergency care for treatment for dog bite injuries. Annually, more than 12,000 citizens get hospitalized for serious injuries caused by dog attacks. In addition, dog bite-related cases also account for a major chunk of homeowner insurance liability claims.
Victims of such incidents have the right to seek compensation for their suffering. However, personal injury cases can get complex, especially if there is a dispute over provocation or the owner’s knowledge of the dog’s tendency to be aggressive. If you have been injured by a dog bite, you should seek dog bite legal assistance in Palatine as soon as possible to ensure you get justice for your suffering.
Illinois Laws for Dog Bite Cases
The state of Illinois defines a dog bite as an injury where the dog’s teeth pierced or tore through the person’s skin. The bite can result in puncture wounds, scratches, lacerations, or other types of harm to the victim. The victim can also sue the dog owner even if they are not bitten by the dog. For example, if the dog chases them causing them to fall and get injured, then that could be grounds for a claim under the legal principle of negligence or premises liability.
There are over 30 states in the US, including Illinois, that have a strict liability dog bite law for dog bite claims. According to this law, which is outlined in the Illinois Animal Control Act, the owner of the dog is liable for injuries caused by the pet, regardless of the dog’s previous behavior or the owner’s knowledge of its tendencies. Some states require that the owner have prior knowledge of the dog’s violent or aggressive tendencies.
The statute of limitation defines the maximum time you have from the date of the dog bite to initiate legal action. The statute of limitations for dog big cases in Illinois is two years from the date of the incident. You must take action within the statute of limitations, otherwise, you may lose your rights to seek compensatory damages for your losses. However, under certain conditions, the statute of limitations can be extended beyond that deadline. For example, if the victim is a minor, then the statute of limitations can be extended until two years after the minor turns 18.
Establishing Liability in Dog Bite Claims in Illinois
For you to successfully establish liability in a dog bite case in Illinois, the dog bite must be unprovoked. This means that you must not have aggravated or instigated the dog before they attacked. If the dog was provoked, the liability of the dog owner would be significantly reduced. The liability can be impacted due to unlawful presence. For example, if the dog bite incident happened when the victim was trespassing or unlawfully present at the property, then the dog owner may not be held liable for the attack.
A key component of a dog bite claim is to provide evidence that the injury was caused by the dog bite, and not a result of pre-existing condition or injury. Victims can use medical records, eyewitness testimony, and photographs of the injury to prove that the injury was indeed caused by the dog.
Steps to Take After a Dog Bite Incident
- Get medical attention to treat any injuries that you have suffered from the dog bite accident.
- Document the incident by taking photos, gathering witness information, and writing down the details.
- Preserve evidence.
- Report the incident and identify the dog and its owner.
- Contact a Palatine dog bite injury lawyer.
Common Challenges in Dog Bite Cases
Even though Illinois has a strict liability law for dog bite cases, such cases can be challenging. One of the most difficult aspects of dog bite cases is establishing liability. You must prove that you were lawfully present at the site where the dog bite incident happened. In addition, you may also have to prove a clear lack of provocation.
The opposing party could put up a strong defense if they have evidence of provocation or trespassing. You will need to rely on strong evidence to counter these defense strategies. If the attack happened in a private area, you may struggle to find surveillance footage or witness testimony to the attack. In such cases, you will have to rely on medical documentation linking the injuries directly to the dog bite. If the injuries do not clearly show that they were from dog bites, then your personal injury case could become more challenging.
Another challenge with such cases happens if you are rushed to get energy medical attention, you miss the opportunity to gather evidence at the dot bite site. Photographic evidence, if not captured immediately, may not accurately reflect the severity of the injuries or other relevant information from the incident site.
Lastly, there are legal and procedure challenges such as completing legal paperwork, initiating legal action within the statute of limitations, and adhering to other legal requirements for the case. Any errors in handling the case can jeopardize your case and reduce your likelihood of recovering full and fair compensation for your suffering. With so much potential for hurdles in a personal injury claim, it is best to seek guidance and representation from a palatine dog bite lawyer.
How Dogbitelaws.com Can Help You Overcome These Challenges
Our legal team has proven expertise in dog bite cases. Our specialization allows us to understand the intricacies of such cases, including the local and state laws that govern them. We have helped dog bite victims get justice for their suffering, and we can also help you with the same.
In our initial consultation, we will assess your case to guide you on your best legal options. One of our dog bite attorneys will also share the strengths and weaknesses of your case and share their recommendations on how to build a strong case. We believe in a collaborative approach so we can keep our clients informed about the progress of their cases. However, our attorneys will handle all the legal aspects of the case, including filing the paperwork, collecting evidence, negotiating with insurance companies, and representing you in court if necessary.
You can contact us to schedule a free consultation with our Palatine IL dog bite attorney. We encourage you to involve our dog attack lawyer Palatine early in the process so we can have the biggest positive impact on your case.
