If you were bitten by a dog, you may find yourself wondering, “Can you sue for a dog bite?” You can sue for a dog bite in Illinois. There are strict laws that apply to these cases. However, you must prove that you did nothing to provoke the dog and were lawfully on the area or property where the bite happened. You must also prove that the dog caused the injury. You can do this by producing relevant medical documentation, police/incident reports, surveillance footage of the bite incident, and pictures of your injury. With the right legal support, you can get adequate compensation for lost wages, medical bills, and pain and suffering.
Call Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 for guidance on pursuing the highest possible compensation after suffering a dog bite injury in Naperville, Illinois.
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Statistics on Dog Bites in Illinois
Dog bites affect more than 1.5% of the U.S. population yearly. Illinois, for example, is among the top five states that report high dog bite incidents. According to the American Veterinary Medical Association, most dog bites happen to children between 5 and 9 years old.
The risks associated with dog bites increase in households that keep dogs as pets. Reports show that over 75% of these dog bites happen to family members and friends of the dog owner.
Postal workers are also prone to dog bite attacks as their scope of work requires them to visit different homes, and some have untrained dogs. Statistics indicate that dogs mostly attack the face, and some of these injuries require the victim to undergo reconstructive surgery.
Illinois Animal Control Act
Illinois has implemented an animal control act that provides regulations and guidelines to prevent the spread of rabies and control the animal population. These important provisions promote the humane treatment of animals while ensuring public safety. Clauses that can prove helpful when pursing compensation after a dog bite include:
Definition, Roles, and Rabies Control Act
This clause defines what a pet is and who can handle it if it is deemed dangerous or stray. The Act also establishes the responsibilities and roles of the local government and animal control officers and administrators.
This Act requires all cats and dogs to be vaccinated against rabies. The vaccines must be administered by a licensed veterinarian. It further explains the importance of quarantining and reporting animals showing signs of rabies. It also outlines the guidelines for handling and observing animals suspected of rabies.
Animal Registration and Tagging Clause
The animal registration and tagging clause explains the importance of registering and tagging a dog. Dog owners must produce certified rabies vaccination certificates when registering their dogs.
After paying the license fee, dog owners can fill out the registration form at the local county office, by mail, or online. Some Illinois municipalities may require a microchip on the dog for easier identification. Failure to fulfill these requirements can attract high fines and penalties.
Animal Control Clause
The Animal Control Act provides a clause that grants the local authority the power to impound and seize dangerous, stray, and vicious animals. This clause explains what constitutes a vicious or dangerous animal and the procedures for controlling such an animal.
The local authority has the right to enforce mandatory registration, confinement, or, in some cases, euthanasia. Some counties in Illinois may require animal owners to purchase liability insurance.
Animal Bite and Attack Clause
This clause outlines the procedures you should follow after an animal bite. After getting bitten by a dog, you must seek medical attention, and the healthcare provider will treat you depending on the nature of the bite.
Animal Owner Responsibilities and Liabilities Clause
The owner responsibilities and dog bite liability clause guide dog owners on how to be responsible for their animals. Failure to control the animal can make the dog owner liable for injuries or damages caused by it. The owner might also attract fines if they fail to comply with control regulations like the vaccine requirement and the leash laws.
Steps to Take After a Dog Bite
A dog can bite anyone, so it’s essential to know the steps you should take in case this happens. The appropriate steps to take after a dog bite injury include:
Move to a Safe Place
After getting bitten by a dog, moving to a safe place is advisable to prevent further bites. If possible, you can identify the dog or its owner, as this will be helpful when filing a dog bite lawsuit. Don’t forget to note the dog’s behavior, appearance, and whether it has an identification tag.
Disinfect the Wound
Use the first aid basics before seeking medical attention. Gently clean the bitten area with water and soap to remove bacteria. If you’re bleeding heavily, elevate the wound and then use a sterile gauze or a clean cloth to stop the bleeding.
Gather Important Information
Start by obtaining the dog owner’s contact information and verify the dog’s rabies vaccination status. Notify the nearest animal control agency if the owner doesn’t know the dog’s vaccination status. The agency will help you investigate and check the dog to see if it has rabies signs.
Also, document the incident by taking pictures of the wound and the dog itself. Seasoned dog bite attorneys can help you collect additional evidence and claim damages from the liable dog owner.
Visit a Hospital
After conducting first aid, you should seek medical attention as the wound can be prone to infection. Here, you will get a tetanus shot if you have not had a tetanus shot in the last five years. The healthcare provider will also give you the proper treatment depending on the nature of the bite.
Some dog bites tend to cause puncture wounds, lacerations, and soft tissue injuries, which can be painful and challenging to treat. Some of these injuries may leave you with hyperpigmented or raised scars that are permanent, and you might need scar revision surgery.
It’s important to consult a dermatologist after treatment. This professional will advise if you will need to undergo scar revision surgery in the future. This information will be helpful when determining the damages to seek from the dog owner.
Keep track of all bills and receipts for medical treatment received. Also, document how the dog bite incident and resulting injuries have impacted your life. You can, for instance, note in your diary the pain and symptoms you experience daily, the number of days you have missed work, and the emotional trauma you endure daily.
Pursue Compensation From the Dog Owner
Do your due diligence when choosing the best dog bite lawyer. Your ideal lawyer should understand Illinois dog bite laws and regulations. This knowledge will increase your odds of receiving fair compensation.
Give your lawyer all the assembled evidence, including the medical records and police reports. Your lawyer will draft a comprehensive demand letter and send it to the dog owner’s insurance company, as most dog owners have policies that cover animal bites.
On the demand letter, the lawyer will describe the bite incident, injuries suffered, and the compensation you seek, including lost wages, medical expenses, and pain and suffering. If the insurance company tries to contact you, don’t give it any information without consulting your lawyer first, as the information you provide can hurt your case.
If the insurance company fails to provide compensation, you should file a lawsuit against the dog owner. You can file a lawsuit under the strict liability or the negligence clause. Under the strict premises liability law, the dog owner is held accountable if the dog attacks or bites someone inside or outside the dog owner’s premises. In these instances, dog bite attorneys go for premises liability settlements.
You can also utilize the negligence clause if the dog bite occurred because of the owner’s negligence. You must prove that the defendant harbored the dog that bit you and that the dog was not provoked. You must also prove that you were lawfully on the area or property where the bite happened.
Your lawyer will file a legal complaint outlining the case and serve it to the dog owner. The dog owner will get time to respond to the complaint. The case will then enter the discovery phase where both parties are given room to gather and exchange evidence, such as witness statements, medical records, and other relevant documents. The judge will render a verdict after the involved parties present all the evidence and arguments. The judge will then determine the amount of compensation if the judge rules in your favor.
At Chute, O’Malley, Knobloch, and Turcy, LLC, our dog bite lawyers will fight for your best interests and help you receive maximum compensation in your dog bite lawsuit. Contact us today for more information and a case review.