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How Much Can I Sue for a Dog Bite?
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Originally Posted On: https://chicagodogbitelawyer.com/sue-for-dog-bite/
According to a report compiled by the Healthcare Cost and Utilization Project (H-CUP), in 2008 about 316,200 emergency department visits involved a personal injury resulting from a dog bite, which translates into a rate of 103.9 visits per 100,000 people. In addition, the average cost of a hospital stay related to a dog bite was $18,200, which is approximately 50% higher than the average personal injury-related hospital stay.
Although insurance companies may help dog bite victims recover some of the cost of their injuries, these victims are often left to deal with the long-term financial implications of ongoing medical treatment, lost wages from time off work, and the hidden emotional pain and suffering that result from the incident.
To be fairly compensated for these additional factors, many dog bite victims choose to elicit the services of an experienced local personal injury lawyer. These legal professionals can help dog bite victims structure and present a case to their local courts in an attempt to recover compensation directly from the dog owner in the event he or she is found liable for the incident. If you find yourself asking the question, “How much can I sue for a dog bite?” read on to discover more about the litigation process of a dog bite lawsuit and how much victims may expect to recover for their damages.
Understanding Dog Bite Laws in Illinois
When it comes to personal injury claims involving dog bites, Illinois state law abides by a doctrine of liability determination commonly referred to as “strict liability.” Under these statutes, the owner of the dog is often deemed liable for all damages incurred by the bite victim, provided that the victim was peacefully conducting himself or herself in a place where they were legally allowed to be and they were not attempting to provoke or attack the dog or owner in any way.
The nature of the state’s dog bite liability laws means that pet owners are typically liable for any injuries their dog causes to another person, even if the owner took all reasonable precautions in the moments leading up to the bite. As long as the dog bite victim was not trespassing or antagonizing the dog, they are likely to be eligible to receive financial compensation for expenses and damages incurred as a result if they elect to pursue civil litigation against the dog owner.
Statute of Limitations for Dog Bite Cases in Illinois
When someone is bit by a dog that has rabies, the initial trauma of the experience combined with the need for extensive medical treatment can take priority over navigating the legal processes involved in pursuing litigation against the dog owner. Dog bite victims in Illinois should nevertheless be aware of the statute of limitations for filing a case with the state’s civil courts.
In Illinois, the dog bite statute of limitations is two years from the date of the bite or other injury. Some damages associated with dog bites may not be apparent right away. For example, scars do not develop until after the wounds heal. Unfortunately, scarring is permanent. Some people develop Keloid scars. Keloid scars are raised scars, which can be especially disfiguring. In addition, some symptoms of rabies do not typically appear until 21 to 80 days after the initial bite. As always, if you are thinking about filing a dog bite claim, seeking legal advice from an experienced local personal injury attorney is the best course of action to review how prospective plaintiffs should proceed.
Damages Available to Dog Bite Victims
After dog bite injuries, victims are likely going to want to know their options for recovering compensation for damages incurred. Personal injury courts award two different types of damages in dog bite cases — compensatory damages and punitive damages.
Compensatory damages are the kind of financial compensation that dog bite victims commonly imagine when they discuss the litigation process with their personal injury attorney. This type of court-appointed award is meant to “compensate” the dog bite victim for any expenses they have realized as a result of the dog bite. This often includes the costs of medical care, lost wages from time taken off work including potential future losses of income, “pain and suffering,” disfigurement from scars, and quality of life changes that may inhibit the individual from returning to the same level of functioning that they knew before the incident.
Punitive damages are the other common type of compensation awarded by civil personal injury courts. Punitive damages are meant to “punish” the dog owner in cases where their negligence is clearly reckless and dangerous. Punitive damages are not awarded in every personal injury case, but reserved only for those cases where gross levels of negligence are apparent.
In cases where an owner knew their dog had rabies but failed to take the proper steps to mitigate the situation, this level of negligence is likely to warrant courts to award punitive damages as well as compensatory damages. Due to the high mortality rate of rabies and the need for immediate intervention, a dog owner failing to properly handle the situation could easily be construed as grossly negligent in the eyes of a personal injury court. Similarly, if a dog owner is aware that his dog has attacked children before, it would be unconscionable to allow his dog to be around children without taking proper precautions.
Pain and Suffering in Personal Injury Cases
When determining whether or not a dog bite victim has a plausible case to present to a court in order to recover monetary compensation for damages, a major consideration is the monetary value assigned to the reparation of harm that resulted from the incident. When the dog bite victim suffers a serious injury after the accident, the cause for damages is often easier for the courts to assess.
For example, if an accident victim needs medical attention to address a broken bone or significant blood loss following the dog bite, the monetary costs are fairly straightforward and easy for the courts to review. In addition, the costs associated with taking time off work and lost wages are also fairly easy for the court system to quantify.
Physical pain and suffering include not only the pain and discomfort the plaintiff is feeling at this moment, but also the negative effects that they are likely to suffer in the future as a result of the accident and the defendant’s negligent behavior. This forecast can be harder for courts to accurately assess and presents the first example of challenges in accurately determining and awarding monetary compensation for damages.
Aside from physical pain and suffering, mental pain and suffering is also a realm in which dog bite victims can be eligible for recovering financial compensation for damages. Mental pain and suffering results from the plaintiff’s physical personal injury. Mental pain and suffering can include things such as mental anguish, emotional distress, reduced enjoyment or quality of life, fear, anxiety, anger, humiliation, and shock. In other words, any type of negative emotion that an accident victim incurs as a result of having to endure the physical trauma of an accident may be considered eligible for compensation. Many people develop PTSD (Post Traumatic Stress Disorder) after surviving a dog attack.
It can sometimes be difficult for judges to determine an accurate amount to award accident victims for pain and suffering in personal injury cases. There are no official reference points for judges to use, and often they must rely on experience, background information, and common sense to determine how much compensation to award a plaintiff for their injuries. While a judge may be able to reference medical bills and cost projections for physical injuries, mental pain and suffering is often much more difficult to accurately quantify.
Taking all of this into consideration, readers may be wondering what happens when an individual suffers only from emotional distress after an accident, without any clear indication of physical injury. Are these individuals able to be compensated for their distress in a manner similar to those who have suffered physical personal injury? This topic will be explored in the following section.
Maximizing Your Compensation
There are a number of ways that victims, working in collaboration with their dog bite attorney, can maximize the potential amount of financial compensation that can be awarded through litigation. Receiving medical attention immediately after the attack is necessary in order to obtain a comprehensive assessment of the extent of the injuries from a medical professional. In addition, obtaining the contact information from the dog owner will help expedite the communication and litigation process.
As mentioned above, the cap on punitive damages in personal injury litigation cases may be removed in the event that the dog owner was behaving in a criminally negligent or offensive manner. Working with your legal representation to assess the events leading to the dog bite will help you determine if pursuing punitive damages is possible.
Professional Legal Counsel in Chicagoland
If you or a loved one have suffered injury or disfigurement from a dog bite and need compensation for medical expenses, lost wages, etc., don’t wait to contact an experienced attorney. For years, the dog bite lawyers at the law firm of Palermo Law Group have been helping victims in Oak Brook and throughout Chicagoland as they fight for compensation following a dog attack. Contact Palermo Law Group today for a free consultation.
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