Do I Need a Dog Bite Attorney?
Dog bites can result in physical and emotional trauma, leaving victims with serious injuries, lasting scars and mounting medical bills. If you have suffered a dog bite or another animal attack in Illinois, you should know why seeking legal representation in such cases can be critically important and how an experienced attorney can help you obtain rightful compensation from the dog’s owner.
Illinois Dog Bite Laws
Illinois follows a strict liability statute for dog bites, and this statute can be found in the Illinois Animal Control Act (510 ILCS 5/16). The strict liability statute essentially holds dog owners responsible (strictly liable) for injuries caused by their dogs, irrespective of the dog’s previous behavior or the owner’s knowledge of the dog’s aggressive tendencies.
Exceptions: The strict liability statute regarding dog bite claims or animal attacks may not apply if the person bitten was trespassing, committing another criminal act, or provoking the dog. In these cases, a personal injury lawyer or law firm may not be able to recover compensation for the injured person from the pet owner or the dog owner’s homeowner’s insurance for a dog bite claim.
Why Do You Need a Dog Bite Lawyer in Illinois to Recover Compensation?
If someone’s dog bit you at a public or private property, recovering compensation through a dog bite lawsuit in Illinois can be a complex process. Engaging the services of experienced dog bite attorneys or personal injury lawyers with knowledge of local laws can make all the difference for the dog bite victim.
Burden of Proof
Proving liability in dog bite cases involves establishing that the dog owner was negligent or that the dog displayed dangerous propensities. A skilled dog bite lawyer understands the nuances of Illinois law and can gather compelling evidence, such as medical records, witness statements, and expert opinions to build a strong case and demonstrate the owner’s responsibility.
Insurance Company Tactics
Dealing with the dog owner’s insurance company, which may aim to minimize payouts, can be a formidable challenge. Insurance adjusters may use unfair tactics to dispute dog bite case liability or undervalue the claim by showing the victim is responsible for their own injuries. An experienced dog bite lawyer can explain to you the best legal options and negotiate aggressively with insurance companies on your behalf to help you secure fair compensation for your medical expenses, lost wages, and pain and suffering.
The Harsh 50% Bar Rule in Illinois
Illinois follows a modified comparative negligence rule with a 50% bar. Under this rule, dog bite victims can seek compensation as long as their degree of fault is less than 50%. However, if their contribution is found to be 50% or more, they are barred from recovering damages.
Dog owners and their legal representatives may try to show the maximum share of fault on the part of the dog bite victim to minimize or entirely escape liability after a dog attack. Skilled Belleville dog bite lawyers can counteract these attempts, and strategically present evidence and arguments to protect your right to compensation.
Types of Evidence Your Dog Bite Attorney will Collect to Prove Liability
- Medical Documents: Comprehensive records detailing the extent of the injuries sustained in the dog bite are critical. This includes initial emergency treatment, subsequent medical procedures, and any ongoing medical care required.
- Photographs and Videos: Visual evidence in the form of photographs or videos of the injuries, the scene of the incident, and the dog itself can provide compelling support for the case. Documenting the progression of injuries and the circumstances surrounding the incident is essential.
- Witness Statements: Statements from witnesses who observed the dog bite incident can provide valuable perspectives. Witness accounts can corroborate the victim’s version of events and strengthen the overall narrative.
- Pet Control Reports: Reports filed with local authorities regarding the incident, the dog’s behavior, and any prior instances of aggression or complaints (dangerous dog) can serve as official documentation supporting the case.
- Veterinary Records: The dog’s veterinary records can provide insights into its behavior, vaccination history, and any history of aggressive tendencies. This information can be crucial in establishing the owner’s knowledge of potential risks.
- Previous Incidents or Complaints: Evidence of prior personal injury claim incidents involving the same dog and pet owners or complaints made by others about the dog’s behavior can be persuasive in establishing that the owner was aware of the animal’s potential danger.
If you or someone you love has suffered dog bite injuries, Hipskind & McAninch, LLC is your dedicated legal ally. Our proven lawyers, recognized by clients with hundreds of 5-star Google reviews in personal injury cases, are ready to fight for your rights and ensure you receive the largest possible compensation from the dog owner. Call us at 618-617-6320 for a free consultation or contact us online to schedule your free consultation or free case evaluation today.
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