Who Pays for My Injuries if a Dog Attacked Me?
Dog bites can result in serious injuries and substantial losses. For this reason, Illinois has clear laws that protect dog attack victims. However, what you can recover — and how you recover it — depends on the details of your case. At Kanoski Bresney, we can help you understand your legal rights. The first step is to speak with an experienced Champaign, IL dog bite lawyer who can guide you through each stage of your claim.
What Does Illinois Law Say About Liability for Dog Bites?
According to Section 16 of the Illinois Animal Control Act, a dog owner is legally responsible for injuries caused by their dog if the victim was lawfully in a place they had a right to be and did not provoke the animal. This is a "strict liability" standard, meaning the owner can be held responsible even if the dog never attacked anyone before or the owner did not act negligently.
This law applies to more than just a dog’s legal owner. Someone who keeps, harbors, or has control over the dog could also be held liable. If you were walking on a sidewalk, visiting a friend, or delivering mail when the attack happened, you are likely covered under this statute.
When Is the Dog Owner Not Liable for a Dog Bite?
There are exceptions within the strict liability statute. A dog owner might not be held responsible if the dog was provoked or the person was trespassing at the time of the attack. Provocation can include teasing, hitting, or startling the dog, even unintentionally.
In some cases, shared fault may be considered under 735 ILCS 5/2-1116, Illinois’ comparative fault statute. If you are found partly responsible, your compensation could be reduced based on your percentage of fault.
What if the Owner of a Dog Who Attacked You Does Not Have Insurance?
Many dog bite claims are paid through the dog owner’s homeowners or renters insurance. However, not every owner carries insurance, and some policies exclude certain breeds or repeated incidents.
If the owner is uninsured, you still have options. You can file a personal injury lawsuit directly against the dog owner to recover compensation. Sometimes, your own health insurance may cover immediate medical treatment, and your lawyer can seek reimbursement through a legal claim later. If the dog was a stray or the owner cannot be located, local animal control authorities may help investigate ownership or assist with identifying other potential sources of recovery.
What Damages Can I Recover If a Dog Bites Me in Illinois?
The compensation you can recover depends on how the attack affected your health, work, and emotional well-being. You may be entitled to:
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Medical expenses for emergency treatment, surgery, and follow-up care
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Lost wages or reduced ability to work
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Pain, emotional distress, and trauma from the attack
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Permanent scarring, disability, or disfigurement
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Future medical needs, such as scar revision or therapy
Every case has some unique circumstances. An attorney will calculate the full value of your losses to make sure you do not settle for less than you deserve.
Schedule a Free Consultation With a Peoria, IL Dog Bite Attorney Today
Illinois laws are designed to hold negligent owners accountable, but these cases require careful investigation and strong evidence. The legal team at Kanoski Bresney brings over 100 years of combined experience to every case. Attorney Todd Bresney, who previously worked at the Federal Trade Commission and the Cook County State’s Attorney’s Office, is dedicated to protecting victims’ rights and helping clients recover the compensation they deserve.
To learn more about your legal options, call 888-826-8682 to speak with our Champaign, IL dog bite lawyers. We offer free consultations and are available 24/7.