How long after a dog bite can you sue? In Illinois, the time frame to file a lawsuit for a dog bite injury is limited. Generally, you have two years from the date of the dog bite to submit a complaint to an Illinois state court. If you do not file your dog bite case within this period, you will forfeit your right to pursue a dog bite lawsuit and will not be able to seek compensation.
After a dog bite, you can claim compensation for your injuries. For help with your claim, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Time Limits for Dog Bite Lawsuits
The statute of limitations tells you how long you can sue after a dog bite injury. If this period expires, you lose your right to pursue legal action for compensation.
In Illinois, individuals who have been bitten by dogs need to act swiftly. The dog bite statute of limitations aligns with that of personal injury claims.
Two Years
Typically, victims have a two-year window from the date of the dog bite to file a lawsuit. Failing to meet this deadline results in forfeiting the right to seek compensation.
For Minors
If the victim was under 18 at the time of the incident, the statute of limitations is extended. Minors have two years from their 18th birthday, so they can file a claim until their 20th birthday.
For Victims With Disabilities
If a victim is legally incapacitated, such as due to mental health issues, the time limit may be extended to ensure they have a fair opportunity to file a claim.
Why Acting Quickly Matters
Postponing action can undermine your case. Collecting evidence like injury photos, medical records, and witness statements can become increasingly difficult as time passes. Additionally, insurance companies may doubt the seriousness of your injuries if you delay in pursuing compensation.
Insurance Claims vs. Lawsuits
Although the statute of limitations sets the time frame for filing lawsuits, insurance companies typically impose their own, often shorter, deadlines for reporting claims. The statute of limitations applies to lawsuits. Therefore, even if you have filed an insurance claim, you may lose the right to compensation without filing a lawsuit by the two-year deadline. To safeguard your case, it’s essential to inform the dog owner’s insurer as soon as the incident occurs.
Illinois Dog Bite Laws
A dog bite happens when a dog injures a person, ranging from minor cuts to serious wounds needing medical care. In Illinois, victims can sue the dog’s owner for compensation, which varies based on the severity of injuries. With over 4.5 million dog bites happening yearly in the U.S., each state has laws regulating these incidents. In Illinois, they are detailed in the Illinois Animal Control Act established in 1973.
Dog Bites and Strict Liability
In Illinois, dog owners are strictly liable for injuries caused by their dogs, meaning they can be held responsible without proof of negligence. This includes injuries from bites, and in Illinois, includes incidents where a dog causes harm in other ways, such as jumping on someone.
To seek compensation for a dog-related injury, you must show that:
- A dog attacked and hurt you
- You were permitted to be at the location of the attack
- The dog was not provoked
When Does Strict Liability Not Apply
The owner may not be held responsible for a dog bite if the victim was trespassing, assaulting or threatening the dog, had a history of such behavior, or if the dog was defending itself or its owner. Provocation can serve as a defense against liability.
How to Start Your Dog Bite Claim Before the Statute of Limitations Expires
The period right after a dog bite can be overwhelming. Understanding the essential information about dog bites and the appropriate actions to take can be crucial. It’s important to start addressing the situation as soon as possible, as these steps can require time. You don’t want to risk letting the statute of limitations run out and jeopardize your opportunity for compensation.
Seek Medical Attention
It’s essential to take dog bites seriously, even if they seem minor. If the skin is broken, seek medical treatment promptly to prevent infection. Medical professionals will clean the wound, prescribe antibiotics, and monitor for complications. This is especially critical for more severe injuries, as it documents and creates a connection between the bite and your injuries for legal claims.
Get the Dog Owner’s Information
Gather as much information about the dog owner as possible, including their name, phone number, and address. The owner’s insurance may cover your medical expenses for a dog bite, but some policies exclude certain breeds. If a stray dog bites you and there’s no owner around, it can complicate filing a legal claim.
Report the Dog Bite
Report any dog bite to local animal control within 24 hours. If you are treated by a physician, a report is required. Dogs must have proper vaccinations, registration tags, and collars, or owners will face fines.
In Illinois, dogs that bite must undergo a 10-day rabies quarantine. If deemed non-dangerous, they can quarantine at home but must be evaluated by a veterinarian before release, and may be microchipped.
This report is a legal document for your case, and helps protect future victims and supports enforcement of regulations.
Gather Evidence
The success of your claim depends on your evidence. Gather evidence to support your claim by capturing photos of your bite wounds, the location of the incident, and the dog involved. Get the dog owner’s name and contact info, as well as details from witnesses. If there are security cameras nearby, note their locations and request the footage quickly, as it can strengthen your case. A lawyer can help gather evidence, revisit the scene, talk to witnesses, and advise on additional evidence needed.
Keep Detailed Records
Be sure to maintain thorough documentation, including medical records, bills, receipts, expenses related to the dog bite, and documentation relating to missed work. This will help value your claim and justify the amount of compensation that you are seeking.
Speak to an Experienced Dog Bite Attorney
A personal injury lawyer can help you understand the dog bite case timeline, can guide you through the legal system, identify who is responsible, and help you pursue compensation for your losses. They can also assist you in dealing with insurance companies that might attempt to downplay or reject your claim, and represent you in court if a settlement isn’t reached.
Why You Need a Dog Bite Lawyer to Handle Your Case
Experiencing a dog bite can be overwhelming, making it tough to focus on recovery. Choosing the best dog bite lawyer is crucial if you plan to file a claim. An experienced attorney can guide you through the legal process and ensure your rights are protected.
Here’s how dog bite attorneys in Illinois can assist you:
- Act as your representative in communications with insurance companies
- Gather statements from witnesses
- Organize the collection of relevant evidence
- Investigate the dog’s history
- Compile information and evidence with assistance from specialists
- Ensure that you settle or file a lawsuit before the statute of limitations runs out
Assessing Damages
A person injured by a dog attack in Illinois can seek both economic and non-economic damages with the help of a lawyer. Economic damages include medical bills and lost wages, while non-economic damages cover emotional distress, PTSD, fear of dogs, loss of enjoyment of life, physical pain, and loss of consortium. It is difficult to calculate these damages. An attorney can help accurately evaluate the damages to ensure that you do not settle for an amount lower than your case is worth.
Dealing With Insurance Companies
Dealing with insurers can be challenging for dog bite victims, as they often use tactics to minimize payouts. However, dog bite lawyers are skilled at handling these cases and protecting your rights. They know how to negotiate effectively, so if a dog owner or their insurer offers a low settlement, you’re not obligated to accept it. Having a lawyer signals to the insurance companies that you are serious about pursuing a fair settlement, which may result in a better offer sooner.
Taking the Case to Court
A dog bite lawyer can leverage connections with witnesses and medical professionals to gather valuable resources for your case. Their team will conduct research to assess the validity of your claim and build a strong argument.
If the insurance company does not provide a fair settlement, your attorneys may decide to take your case to court, where they can present compelling evidence to support your entitlement to compensation. Often, the prospect of a lawsuit is enough to encourage insurance companies to settle.
Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC if you have experienced a dog bite injury in Illinois. With the right assistance and guidance, you can maximize your compensation.
