Have you or a family member been injured by a dog bite or other animal – either by being bitten by a dog or by being otherwise attacked or knocked down? Are you seeking to pursue compensation for your medical bills, pain or suffering, lost wages and other costs? If so, the Chicago dog bite attorneys at Briskman Briskman & Greenberg are ready to fight for your rights. From years of experience, we understand the challenges and costs of personal injury cases from dog bites and other animal-related injuries. We are prepared to get you the compensation that you deserve.
In 2018, the state of Illinois ranked fourth in dog bite incidents, with 882 claims and $29.2 million paid by insurers that year.
In quite a few states across the United States, there exists a “one bite” rule where the dog owner or guardian is, to a degree, exempt from legal responsibility the first time their dog causes injury as long as they did not have a reason to believe their dog to be dangerous.
However, in Chicago and throughout the state of Illinois, the owner is completely liable for any time their dog causes injury. This means that despite the dog’s previous behavior, the owner is liable for their dog in any case of personal injury as long as the victim is “peaceably conducting himself or herself in any place where he or she may lawfully be” according to Illinois’s statute.
There is no damage cap for personal injury in the state of Illinois. It also does not matter whether or not the dog bite comes from a dangerous breed, such as a pit bull or Rottweiler.
In Chicago, Illinois, the owner is considered to be anyone with the right of property to the dog; this includes someone who is keeping the dog, has the dog under their care or allows the dog to be on their personal premise.
Owner Negligence
If the plaintiff is bringing a case forward of owner negligence, they must give plausible facts that demonstrate the owner’s breached responsibility. The owner may be classified as negligent from being unreasonable or failing to act, such as providing warning.
Emotional Suffering
Physical injury is not the only way to receive fair compensation for damages and loss from a dog bite. According to federal law, emotional pain, as long as it is in tandem with the physical injury, is considered justifiable suffering. Mental suffering alone is not cause for damage recovery across the United States. Nonetheless, when the victim under emotional distress resulting from close proximity to the incident, or a “zone of physical danger,” experiences fear of personal safety and suffers physical injury as a result, they can then recover damages.
However, in Illinois courts specifically, it has been determined that damages can be given to the victim for mental distress even if it does not directly relate to physical injury.
In the United States in 2018
Dogs let you know in their own ways when they are stressed. Some signs include:
One of the most dangerous aspects of a dog bite is the high risk of infection of the wounds. According to the Centers for Disease Control and Prevention (CDC), as many as 18 percent of dog bites become infected.
Dogs carry bacteria in their mouths. When they bite, it can be pushed deep into the body, making it difficult to clean. Common infections include rabies, tetanus, staph, MRSA, Pasteurella and others. Signs of infection include redness, pain, swelling, fever and warm skin.
Many dog bite victims develop long-term or even permanent damage after an attack. Your livelihood, relationships and health can suffer greatly as a result.
Dog bites can cause long-term pain, nerve damage and mobility issues. Permanent scarring and disfigurement are frequent outcomes of many bites. In addition, emotional distress is common and potentially just as troublesome as the physical effects. Anxiety and fear around dogs and even post-traumatic stress disorder develop after being attacked and endure long after. This is especially true when children are attacked.
Learn more about dog bites with our custom dog bite infographic.
Any dog bite victim, other than a minor or someone who is under a legal disability, of a dog-related injury has two years from the date of the attack to file a claim.
If it has been over two years, the lawsuit cannot be pursued. If the victim intentionally or accidentally provokes the dog, such as kicking the dog or stepping on its tail, the claim may be defensible under Illinois law. Another way for a claim to be barred is if the victim is not lawfully on the owner’s property. If the victim is invited onto the owner’s property as a guest, then it is considered lawfully being on the property. If the victim is trespassing or committing another crime, then it is likely that the damages of a dog-related injury will not be recoverable.
In Illinois courts specifically, it has been determined that damages can be given to the victim for mental distress even if it does not directly relate to physical injury.
The attorneys at Briskman Briskman & Greenberg understand that it may be difficult to understand specific state laws surrounding dog-related personal injury. We urge you to reach out to us with any queries or personal concerns.
All dog-related personal injury cases are taken on a contingency basis. This means we only require payment if we succeed in getting your damages recovered.
All calls are answered 24/7. Se habla español.
If you were injured or lost a loved one because of the carelessness of another, you may be able to receive compensation through a personal injury lawsuit.
When you call Briskman Briskman & Greenberg for a free consultation, you will speak directly to an experienced attorney in Chicago, usually one of the firm’s principals, who will assess the facts of your situation and advise you of your rights. Don’t delay getting your free legal consultation: if you fail to pursue your claim in a timely fashion, you could forever lose your rights.