Every year, more than 4.5 million people in the United States are bitten by dogs, with nearly one in five requiring medical attention. Illinois is no exception to this alarming statistic, and dog bite incidents can have lasting physical and emotional impacts. If a dog has bitten you or a loved one, you may be wondering about your legal options and whether it’s time to call a dog bite lawyer.
Illinois Dog Bite Law
Illinois has one of the most victim-friendly dog bite laws in the country. Under 510 ILCS 5/16, known as the Animal Control Act, dog owners are held strictly liable if their dog bites or injures someone, provided specific conditions are met.
- Key Provisions of the Animal Control Act
To hold a dog owner liable, a victim must prove:
- The dog caused the injury: This includes bites, attacks, or attempts to attack.
- The victim was lawfully present: They must not have been trespassing or unlawfully entering a property.
- The victim did not provoke the dog: Actions like hitting, taunting, or otherwise provoking the dog could nullify the claim.
Illinois follows a strict liability standard, meaning the dog owner can be held responsible even if the dog has no history of aggression or previous attacks. Unlike states with a “one-bite rule,” Illinois does not require victims to prove the owner knew the dog was dangerous.
This law prioritizes public safety and ensures victims can recover damages for medical bills, lost wages, and emotional trauma without legal hurdles.
Statute of Limitations for Dog Bite Lawsuits in Illinois
Illinois dog bite victims must act quickly to preserve their legal rights. The statute of limitations—the time limit for filing a lawsuit—is governed by 735 ILCS 5/13-202, which applies to personal injury claims.
- Time Limit for Filing a Claim
- Two Years: Victims generally have two years from the date of the dog bite to file a lawsuit. Missing this deadline almost always results in losing the right to seek compensation.
- For Minors: If the victim is under 18 at the time of the bite, the statute of limitations is extended. Minors have until their 20th birthday to file a claim.
- For Victims with Disabilities: If the victim is legally incapacitated, such as due to mental illness, the time limit may be extended to allow them a fair chance to file.
- Why Acting Quickly Matters
Delaying action can weaken your case. Evidence, such as photos of the injury, medical records, and witness statements, can become more challenging to obtain over time. Insurance companies may also question the severity of injuries if you wait too long to seek compensation.
- Insurance Claims vs. Lawsuits
While the statute of limitations governs lawsuits, insurance companies have their own deadlines for reporting a claim, often much shorter. To protect your case, notify the dog owner’s insurer immediately after the incident.
When to Call a Dog Bite Lawyer?
- You Suffered Significant Injuries
If a dog bite leads to serious injuries, such as deep lacerations, nerve damage, or infections, you’ll likely face extensive medical bills. A lawyer can help you seek compensation for immediate expenses and ongoing treatment, such as physical therapy or reconstructive surgery.
- The Dog Owner Denies Responsibility
It’s not uncommon for dog owners to claim their pet was provoked or dispute the attack’s circumstances. An experienced lawyer can gather evidence, interview witnesses, and build a strong case to counter these defenses.
- Insurance Companies Offer a Low Settlement
Insurance adjusters are skilled at minimizing payouts. They may offer a settlement that doesn’t fully cover your medical bills, lost wages, or pain and suffering. A dog bite lawyer can negotiate and ensure you receive fair compensation.
- The Dog Has a History of Aggression
If the dog involved has attacked others in the past, the case may involve additional legal complexities. A lawyer can investigate the dog’s history and argue for increased damages based on the owner’s negligence in failing to prevent the attack.
- You’re Unsure of Your Legal Options
Even if the case seems straightforward, consulting a lawyer can clarify your rights and provide peace of mind. Many personal injury attorneys offer free consultations, so there’s no risk in seeking advice.
Injured by a Dog Bite? Call Pacin Levine Today for Trusted Legal Support!
Dog bite incidents can leave victims with more than just physical scars—they can lead to emotional trauma, financial strain, and ongoing pain. At Pacin Levine, P.A., we understand your challenges and are here to help.
Our attorneys are experienced in Illinois dog bite cases and are dedicated to providing compassionate, personalized legal support. Whether you’re dealing with medical bills, uncooperative insurance companies, or disputes over fault, we’re here to fight for your rights.
Don’t wait—time is critical in dog bite cases. Call us today at 1-800-24-7-CRASH (2727) for a free consultation. Let us help you pursue the justice and compensation you deserve so you can focus on healing and moving forward.
