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Wrongful Death Dog Bite Attack

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

 

If you or a loved one is bitten or otherwise harmed by a dog, the owner of that dog may be liable for your injuries and damages, including wrongful death, provided that the attack meets the parameters of the Illinois Dog Bite Statute.

Law 510 ILCS 5/16 states:

If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.

This means that to prove that the owner of a dog, or other animals, that has bitten is liable for the bite, the injured party must prove three things:

  • The dog or other animal attempted to attack, attacked, or injured the victim.
  • The victim had the legal right to be in the place where the attack occurred.
  • The dog or other animal was not in any way provoked into attacking.

Dog bites are devastating. When a dog bite results in a death, it is catastrophic.

If you or a loved one has been injured in a dog bite attack, we at 844 See Mike are here for you every step of the way to ensure that your rights are protected and you are fully compensated for your injuries and losses, and this includes working on your behalf to ensure a favorable settlement.

What is Wrongful Death?

Wrongful death is death caused by the negligence of another person in which the surviving spouse or next of kin may pursue a civil case against the at-fault party for both economic and non-economic damages.

Most wrongful death cases do not proceed to a courtroom trial, instead, negotiations between both parties usually result in a mutually beneficial settlement. If a dog bite attack case does proceed to court, the plaintiff must meet the burden of proof with a preponderance of the evidence on three key elements, which include:

  • Duty of care – The plaintiff must prove that the dog owner owed the deceased a “duty of care” to prevent the dog bite injury.

  • Breach of duty of care – The plaintiff must show that the dog owner breached their duty to keep others safe by not providing such things as proper restraint, muzzling, or they failed to control their dog.

  • Causation of death – The plaintiff must show that the breach of duty of care was what caused the wrongful death.

In Illinois, wrongful death awards are paid for the exclusive benefit of the surviving spouse and/or next of kin of the deceased party. The surviving family member(s) may seek economic damages such as loss of earning capacity, loss of financial support, and other tangible benefits that could have been provided by the deceased. The family is also able to receive compensation for non-economic damages such as loss of consortium, loss of guidance and support, loss of love and affection, as well as compensation for their grief and mental distress.

Determining the exact amount that the next of kin may be awarded for wrongful death is difficult, as each dog bite attack case is unique. Only an experienced personal injury lawyer can review your claim and make a fair determination as to what you may be entitled to.

We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, including when you or a loved one has been injured in a dog bite attack, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, such as medical expenses, lost wages, and pain and suffering, and you won’t owe us a dime for our services.

We see you as a person, not just a client – and that makes us better at what we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com or schedule a meeting with us here. We’re here 24/7. 

 

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