In most Illinois dog bite cases the settlement is paid by the dog owner’s homeowner’s or renter’s insurance company, not out of the owner’s own pocket. If the injuries are worth more than those policy limits, the owner can be pursued personally for the difference. Because an insurer is almost always on the other side, how the claim is valued and what you can prove decide what the case is actually worth.
Who pays the settlement in a dog bite case?
When a dog’s owner is legally responsible for his or her dog attacking another person or animal, the owner’s insurance company will typically pay the compensation. If the dog’s owner has a homeowner’s insurance policy, that policy generally covers medical bills and other damages, provided the incident falls under the parameters of the Illinois Dog Bite Statute.
Many insurance policies only cover damages to a certain extent, which means the dog’s owner may also be pursued for the remaining compensation. With the help of an experienced personal injury attorney, you can successfully pursue all involved parties for compensation, regardless of the owner’s insurance policies, and recover for damages such as medical expenses, lost wages, and pain and suffering.
Illinois dog bite law and who counts as the “owner”
Illinois’s Animal Control Act does not require proof that the owner knew the dog was dangerous, which makes these claims easier to bring than in one-bite states. Liability is not automatic, though. An injured person still has to establish each element of the claim, and defenses such as provocation or unlawful presence on the property can defeat it. Under the Illinois Animal Control Act, 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.”
And under 510 ILCS 5/2-16, the owner of a dog is defined as: “‘Owner’ means any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her.”
How do I win a dog bite lawsuit?
There are two approaches to dog bite laws that vary by state: negligence and strict liability. In general negligence cases, a jury may ultimately decide whether a defendant was negligent regardless of whether certain elements were proven. Because dog bite cases in Illinois follow a “strict liability” theory, however, the injured party must prove three things:
- The dog or other animal attacked, attempted to attack, 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.
Strict liability dog bite cases are easier to prove, easier to win, and defendants are more likely to settle early in the case. Not only breeds like pit bulls and Rottweilers cause these attacks; dogs of all breeds that are abused, mistreated, or even trained to fight are at high risk of attacking another person, and owners of those dogs should be legally responsible for the damages.
What is the average settlement for a dog bite case?
Every dog bite case is unique, which means every settlement will be unique as well. Generally speaking, a dog bite settlement depends on two things:
- The estimate of what a jury could award the plaintiff should the case go to trial.
- Whether the dog owner or defendant feels they will be found liable for the dog bite.
The defendant feels they could lose the case
For a defendant to settle a dog bite case, they must feel they would lose the case if it went to trial. Because Illinois applies strict liability, a defendant will be found liable if it can be proven that the plaintiff was legally allowed to be where the bite occurred and that the plaintiff did not provoke the dog.
The plaintiff must have damages
The amount of a settlement depends on the damages suffered. It is easier to determine a settlement amount for concrete, documentable damages such as current and future medical bills and lost wages. For subjective damages such as emotional distress and pain and suffering, determining the value gets trickier. If a dog bite case involves serious injuries, the potential for large jury awards is high, which often pushes a defendant to settle, sometimes for more than they otherwise would.
Illinois is one of the states with the highest awards for dog bite injuries, typically averaging $30,000–$40,000. As each case is different, however, so will be the settlement issued.
Dog bite valuation: Illinois and Cook County statistics
While every case is different and each requires a thorough evaluation by an experienced personal injury attorney, here are some statistics for dog bite cases in Illinois and Cook County:
- The average settlement for a dog bite case in Illinois is about $100,000.
- Median returns for dog bite cases in Illinois are between $25,000 and $35,000.
- In Illinois, about 80% of all plaintiffs receive less than $100,000 and about 4% receive $1 million or more.
- In Cook County, about 68% of all plaintiffs receive less than $100,000 and about 11% of plaintiffs receive $1 million or more.
Medical bills after a dog bite attack
Medical bills can pile up quickly following a dog bite attack. If a dog’s owner has homeowner’s insurance, they most likely have “med pay” coverage as well. This coverage kicks in whether or not the insurance company initially accepts liability for the dog bite; however, the policy limits are often low, frequently under $5,000.
If there is no med pay coverage, or your medical bills exceed the amount covered by the homeowner’s policy, you will often have to fall back on your health insurance for treatment. Your health insurer will have the right to be reimbursed from any settlement you receive from the dog’s owner or their homeowner’s insurance.
If you do not have medical insurance or there are medical bills left unpaid, the insurance company for the dog’s owner can be found liable for those bills, but they are not required to pay any bills until the end of the claim or settlement. This not only places undue stress on you with unpaid bills, but it can also make doctors reluctant to treat you for fear of non-payment or without a prepayment of cash. If you have medical bills from a dog bite, it is important to contact a personal injury lawyer to ensure you receive the full compensation you’re entitled to.
How are scarring injuries from dog bites evaluated?
A dog attack does not necessarily include a bite and can still result in serious injuries. One form of injury is scarring, which can cause long-term or even permanent complications and significantly impact a person’s quality of life, especially when the scarring is on the face or another visible area.
Regardless of whether the dog attack included a bite, you may be eligible for compensation for a wide range of injuries such as scarring, bruising, and broken bones, as well as pain and suffering. Provided that you have an experienced personal injury attorney on your side and the requirements of the Illinois Animal Control Act are met – such as that you did not provoke the dog and were not trespassing when the attack occurred – you may sue the dog’s owner and build a case to establish that he or she is legally responsible for your injuries and losses.
Why choose 844-SEE-MIKE
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 dog’s owner 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 attack, 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. We listen, we learn your story, and as we help you get the money you deserve, we take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and we monitor your treatment so you can focus on healing. We will handle your case quickly, advise you every step of the way, and will not hesitate to go to trial for you. And 844-SEE-MIKE is not paid attorneys’ fees unless we win your case – our no-fee promise is that simple.
Contact 844-SEE-MIKE for a free consultation
If you or a loved one has been injured in a dog bite attack, contact 844-SEE-MIKE for a free consultation. You have nothing to risk when you hire us – only the opportunity to seek justice. We’re here for you 24/7.
