What are the Steps to Settle a Dog Bite Case?

Top Illinois Dog Bite Attorneys Explain How Victims Receive Justice Through the Legal Process

Dog bites are more common than many realize, with the Centers for Disease Control and Prevention (CDC) estimating that nearly 4.5 million people are bitten by dogs annually in the United States. Of those, about 800,000 require medical attention. If you or someone you love has suffered a dog bite, you may wonder what happens during a typical case—from the moment of the incident to the final resolution. This blog walks through the steps of a dog bite case in Illinois using a fictional example to illustrate the process.

The Incident: A Dog Bite Case Example

Imagine this scenario: Sarah, a 34-year-old marketing professional, is out for a morning jog in her neighborhood. She notices a medium-sized dog running loose. Despite her efforts to avoid it, the dog suddenly lunges at her, biting her leg. A neighbor comes to her aid, calling for emergency services. Sarah is treated at the hospital for puncture wounds and requires a series of rabies vaccinations because the dog’s vaccination records are unclear. The dog belongs to Mark, a homeowner in the same neighborhood, who apologizes and admits the dog escaped through a broken fence.

Step 1: Reporting the Incident

Sarah reports the incident to  her local police and animal control. Reporting a dog bite serves multiple purposes:

1. Investigating the dog’s history: Determining if the dog has a record of prior aggression.
2. Preventing future incidents: Ensuring appropriate action is taken to address the risk posed by the dog.
3. Creating an official record: Providing evidence that supports Sarah’s claim.

Animal control interviews Sarah, Mark, and witnesses while inspecting the fence Mark identified as the issue.

Step 2: Seeking Immediate Medical Treatment

Sarah’s visit to the emergency room ensures her injuries are treated promptly, and any risk of infection or complications is minimized. Her doctors also document the extent of her injuries, including:

• Physical injuries: Puncture wounds and bruising.
• Medical procedures: Rabies vaccinations and a tetanus booster.
• Potential scarring: A likely long-term consequence of the bite.

Medical documentation is a cornerstone of a personal injury case. Without it, establishing the severity of the injuries becomes more challenging.

Step 3: Consulting an Illinois Dog Bite Attorney

Unsure about how to proceed, Sarah consults an experienced Naperville dog attack lawyer. During the free consultation, her attorney:

• Reviews Sarah’s medical records and expenses.
• Examines the animal control report.
• Advises Sarah on her legal rights under Illinois law, which imposes strict liability on dog owners for unprovoked attacks (510 ILCS 5/16).

The attorney explains that Illinois law allows Sarah to pursue compensation for:

• Medical expenses.
• Pain and suffering.
• Lost wages (if Sarah needs time off work to recover).
• Future expenses, including physical therapy and potential plastic surgery for scarring.

Step 4: Investigating the Case

Sarah’s injury attorney conducts a thorough investigation to build a strong case. This includes:

• Interviewing witnesses: Neighbors who saw the dog loose or the attack itself.
• Gathering evidence: Photos of Sarah’s injuries, the scene of the attack, and the broken fence.
• Researching the dog’s history: Identifying whether the dog has a record of prior incidents.
• Contacting the dog owner’s insurance company: Homeowners insurance often plays a pivotal role in covering damages for dog bite claims.

Step 5: Filing an Insurance Claim

Mark, the dog’s owner, notifies his homeowners insurance company about the incident. Most homeowners’ insurance policies cover dog bite liability, providing a means for settlement if the claim is successful. The insurance adjuster reviews:

• The police and animal control reports.
• Sarah’s medical records and expenses.
• Evidence provided by Sarah’s attorney.

Mark’s insurance company begins working on a defense, typically focusing on whether the bite was provoked or whether Sarah was trespassing at the time of the attack. However, because Illinois is a strict liability state, these defenses are limited if Sarah’s case meets the legal criteria.

Step 6: Negotiating a Settlement

Once liability is clear, Sarah’s attorney and the insurance company enter settlement negotiations. Sarah’s attorney demands compensation for:

• Medical bills: Including hospital visits, vaccinations, and follow-up care.
• Lost wages: Covering time Sarah missed from work while recovering.
• Pain and suffering: Accounting for the trauma of the attack and ongoing discomfort.
• Future medical needs: For treatments related to scarring or ongoing therapy.

The insurance company initially offers $25,000, but Sarah’s attorney negotiates for a higher amount, ultimately reaching a settlement of $60,000. Most dog bite cases resolve at this stage, avoiding the need for a trial.

Step 7: Preparing for Trial (If Necessary)

If negotiations fail, the case may proceed to trial. Sarah’s attorney prepares by:

• Filing a lawsuit against Mark, naming his homeowners insurance as the source of recovery.
• Gathering expert witnesses, such as doctors to testify about Sarah’s injuries and recovery.
• Deposing witnesses, including Mark, to clarify how the dog escaped and whether he took reasonable steps to prevent the attack.

At trial, Sarah’s attorney argues that:

1. Mark failed to control his dog by securing the fence.
2. Sarah was lawfully present in a public space and did not provoke the dog.
3. Sarah’s injuries and financial losses are substantial and deserve fair compensation.

Step 8: Resolution

If the case goes to trial, a judge or jury determines liability and damages. In Sarah’s case, the court finds Mark liable under Illinois’s strict liability law and awards Sarah $80,000, slightly more than the settlement offer due to the additional evidence presented at trial.

The Role of Homeowners’ Insurance in Dog Bite Cases

Homeowners insurance is often critical in dog bite cases. Policies typically cover liability for injuries caused by pets, up to a specified limit (e.g., $100,000 to $300,000). Insurance provides two essential benefits:

1. Defense for the Owner: The insurance company provides legal representation for Mark, working to mitigate his financial liability.
2. Compensation for the Victim: The policy ensures Sarah receives compensation without Mark having to pay out-of-pocket, protecting both parties.

However, some insurance policies exclude coverage for certain breeds or prior incidents. If Mark’s policy had excluded his dog, Sarah might have faced challenges recovering damages.

Why Accountability Matters in Dog Bite Cases

Dog bite laws and liability insurance exist to ensure victims like Sarah receive justice while encouraging responsible pet ownership. Mark’s failure to secure his dog led to serious physical and emotional harm, and holding him accountable serves multiple purposes:

• Fair Compensation: Covering Sarah’s medical expenses and pain.
• Public Safety: Sending a message to dog owners about the importance of restraint and supervision.
• Encouraging Responsible Ownership: Highlighting the consequences of negligence.

“Dog owners must recognize the responsibility that comes with owning a pet. Justice demands accountability when negligence leads to harm, ensuring victims are made whole and communities are safer.” – John J. Malm, top-rated Naperville dog bite attorney

How John J. Malm & Associates Can Help with Your Illinois Dog Bite Case

At John J. Malm & Associates, we understand the devastating impact dog bites can have on victims and their families. With offices in Naperville and St. Charles, our award-winning team of Illinois dog attack lawyers has recovered millions for personal injury victims across Illinois. With over 90 years of combined litigation experience, we are here to guide you through every step of your case.

Why Choose Us?

• Proven Results: Millions recovered for personal injury clients.
• Experienced Team: Deep knowledge of Illinois’s strict liability laws for dog bite cases.
• Personalized Service: One-on-one attention and tailored strategies for every client.
• No Fees Unless We Win: You don’t pay unless we recover compensation for you.

Contact us today to schedule your free consultation. Let us help you secure the justice and compensation you deserve. Your recovery starts here.