Dog bite cases look simple on the surface. A dog attacked you, you got hurt, the owner should pay. But after close to 30 years of handling these cases in Chicago, I can tell you there are layers to dog bite claims that most victims never see coming — and those layers can mean the difference between a lowball settlement and full compensation for what you've been through.
The first thing most dog bite victims don't realize is how aggressively homeowner's insurance companies fight these claims. You'd think it would be straightforward — the dog bit you, the policy covers it, write the check. But insurance companies treat dog bite claims like any other claim: something to minimize. They'll argue you provoked the dog. They'll question the severity of your injuries. They'll send you to their own doctor who'll say your scars aren't that bad. They'll try to settle quickly before you understand the full extent of your damages — especially before you've consulted with a plastic surgeon about scar revision.
That last point is critical, and I want to spend some time on it. Scarring from dog bites is one of the most undervalued damages in personal injury law, and it's one of the areas where having an experienced lawyer makes the biggest difference. A dog bite to the face, arm, or leg can leave permanent scars that affect your appearance and your self-confidence for the rest of your life. The insurance company will look at the scar six months after the attack and say "it's healing nicely, it's barely noticeable." But you're the one who has to look at it in the mirror every morning. You're the one who wears long sleeves in the summer to hide it. You're the one whose child is afraid to show their face at school because of the marks.
In Illinois, disfigurement is a separate category of damages, and it can be worth significant money. We document scarring meticulously — professional photographs at multiple stages of healing, measurements, medical records from plastic surgery consultations, and sometimes testimony from a psychologist about the emotional impact of the disfigurement. This documentation is what turns a $30,000 offer into a $100,000 settlement.
The second thing most victims don't realize is that the emotional trauma from a dog attack is compensable and can be worth as much as the physical injuries. I've represented clients who developed genuine PTSD after a dog attack — nightmares, hypervigilance around dogs, panic attacks when they hear barking, inability to walk in their own neighborhood without fear. Children are especially vulnerable to lasting psychological damage. If you or your child is experiencing emotional symptoms after a dog attack, get treatment from a therapist or psychologist and make sure it's documented. Those therapy records become evidence in your case.
The third thing victims miss is that there may be more than one party responsible. The obvious defendant is the dog owner, but what about the landlord? In Illinois, if a landlord knew a tenant had a dangerous dog and did nothing — didn't enforce a no-pets clause, didn't require the tenant to restrain the animal, didn't evict the tenant after prior complaints — the landlord can be held liable. What about a dog walker or pet sitter who lost control of the animal? What about a property owner who held an event and failed to require dogs to be leashed? Every additional responsible party is a potential additional source of insurance coverage.
If you've been bitten by a dog in Chicago, don't settle for what the insurance company offers without talking to a lawyer who knows the full value of these cases. Call us at 312-500-4500. The consultation is free, and we'll make sure nothing gets overlooked.
With so many dog bites occurring each year in the United States, one has to wonder why. There are a number of reasons dogs attack people. Typically, it’s a reaction to stressful or threatening situations.
Reaching out to pet a dog may not seem threatening to you. But if the dog is anxious or ill, it can unexpectedly lash out in defense. Dogs also commonly bite during play, but may not realize how painful the bite is for the recipient.
This can catch people off-guard, especially with larger dogs that don’t know their own bite strength.
First off, there is a lot to discuss regarding the potential harm caused by a dog bite. Obviously, a larger dog causes more harm. It doesn’t take a lawyer to understand that an angry dachshund will not hurt you as much as a vicious Rottweiler.
However, even in the case of large dogs, people often do not understand the potential harm that could result from a dog bite. On the other hand, lawyers in Chicago know that dog bites are extremely serious. For people of all ages, being attacked by a dog can cause serious trauma. A lifelong fear of dogs is not an uncommon result of an attack. In the case of a more serious and unexpected attack, deeper trauma can occur.
In some cases, a person can even fear leaving the house as the result of an attack. There are also physical risks. Along with the dozens of deaths that result from dog attacks every year, a person attacked by a dog can experience lifelong scarring and disability.
This is particularly true if a person is attacked by a dog like a pitbull, which can bite with over 230 pounds of pressure. This pressure can easily break the limbs of an attack victim. If you want to win your dog bite case, understand how serious the injuries can be, and get medical help.
There are ways to minimize risk. While you cannot help the way others raise their dogs, there are actions you can take to keep yourself safe.
This is the first and most effective piece of advice. If you see a dog, especially a large one, do not approach it to pet it. Unless you are expressly invited to by the dog’s owner, you have no idea how a dog will react.
Respect a dog’s right to personal space and do not get into an unnecessary altercation.
If a dog approaches you, it is important to ignore your instinct and try not to run. If you run away from a dog, you will find that dog becoming more aggressive. That's what any good dog bite lawyer will say.
This is because dogs initially evolved as a hunter and have a strong prey drive instinct for those who decide to get into a chase. Instead of running from an angry dog, stay perfectly still and lay down in a fetal position.
Communicating submission to a dog is one of the best ways to stop an attack.
When lawyers in Chicago see clients attacked by a dog they did not approach, the cause is often eye contact. Making eye contact with a dog can seem harmless to somebody who does not know much about these animals.
But if you are an expert on dogs, you will recognize that many dogs see this as a challenge. Avoid making eye contact with dogs, particularly dogs that are walking off-leash.
Finally, if you have been bitten by a dog, there are ways to minimize the harm. One of the most effective is resisting the temptation to pull the clenched limb away from the animal.
When you pull your hand away, the dog will see this as an invitation to partake in a tug-of-war with the clenched individual. This will end poorly for you. This makes it absolutely essential that dog bite victims resist the temptation to pull away from a dog.
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If you have been bitten by a dog, the first response is probably to remove yourself (or the dog) from the situation. Even if the dog didn’t mean to bite aggressively, the ensuing commotion may cause the dog to panic further. This can result in greater injury.
After that, there are a few steps to take to clean the dog bite to prevent infection.
1. Apply pressure to the wound to stop the bleeding. If possible, find a clean cloth or towel to prevent contamination.
2. Go to the nearest kitchen or bathroom to clean the bite with soap and water.
3. If the wound is very large or deep, head to a local clinic or doctor’s office, as you may need stitches or other assistance.
3. Apply a clean bandage and a disinfecting ointment to the wound each day.
4. Over the next few days, continue to change the bandages and check for any redness, swelling, or discharge that could indicate infection.
If you notice any of these symptoms, go to your doctor for antibiotics and treatment.
Before you hire lawyers in Chicago for your dog bite, you should know about the laws around dog bites in the state. This can help you make sure that you have legal options for your situation.
The first thing to know is the statute of limitations. In the state of Illinois, there is a two-year statute for dog bites. If you were bitten over two years ago, lawyers in Chicago will probably be unable to help you.
Another thing to consider is whether you provoked the dog. If you provoked a dog to attack you, you do not have the right to legal recourse within the state of Illinois. This is an important consideration when weighing your legal options in the case of an attack. You are well on your way to win your dog bite case.
Finally, you need to consider where you were. If you were bitten by a dog while trespassing, you obviously do not have the right to pursue legal action. Knowsing the ins and outs of these cases will help you know how to win your dog bite case.
In trying to determine your right to damages from an attack by a dog, there are provisions in the Illinois Animal Control Act to keep in mind.
The Illinois Animal Control Act (510 ILCS 5/) states: “If a dog or animal attacks, attempts to attack any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dogs or other animals is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”
The Illinois Animal Control Act permits a person to recover money if they have been bitten by a dog. Under the law, you can recover damages from the dog’s owner under the following circumstances:
If you can prove these four things, you are entitled to recover from the dog’s owner for medical bills, future medical care, pain and suffering, lost wages and disfigurement suffered in the attack.
Further, even if this is the first time a dog has attacked or bitten anyone, you might still collect from the owner’s insurance company. Most homeowner policies cover this type of incident under general liability policies.
However, in order to collect, you need Chicago personal injury lawyers to represent you as insurance companies often try to place the blame for the attack on the victim.
As Chicago personal injury lawyers, the Law Office of Scott D. DeSalvo LLC has spent years helping victims of dog bites collect the damages they deserve. If you’ve suffered a severe dog bite, we urge you to contact us to arrange your free consultation.
If you’ve already been bitten and the injury was severe enough to require medical attention, or if there have been any complications afterward, it’s best to follow up with a dog bite attorney. There can be a number of costly complications following a dog attack.
In addition to obvious medical bills from stitches, antibiotics and follow-up care, you may also need mental health care. Traumatic events such as dog attacks can leave lasting effects. You may even develop PTSD or other issues that can negatively impact your daily life.
Avoiding dogs altogether might seem like a solution, but it’s very difficult to predict when someone will be walking their dog on the sidewalk alongside you. To cope with this, you may need emotional support and therapy for years to return to a state of normalcy.
If this is the case, it makes sense to hire a dog bite attorney who can review the case and work to get monetary coverage and reimbursement for these related costs. If you’ve been bitten by a dog, here are some ways that lawyers in Chicago can help.
An experienced dog bite attorney can listen to the facts and determine liability. In addition, even if you think it’s clear who owes you reimbursement, it can be difficult to collect outside of the legal system. But a good, expereicne dog bite lawyer can help you win your dog bite case by collecting the info necessary so that we can put the puzzle tgether for the Judge and Jury.
Having an attorney will help recoup your funds and make sure you receive the resources necessary to heal while no stone remains unturned to win your dog bite case.
Even after you’ve made the decision to hire a professional, there are still a few considerations to keep in mind. Not every lawyer will be willing to take on every case. Many law firms have specializations or focus areas.
The lawyer who helped close your real estate transaction may not have the experience or desire to work on a personal injury case. The personal injury lawyer who represented you after a car accident may not work with animal attack victims.
It’s important to look for a dog bite attorney who has specifically helped clients in similar situations in the past. Feel free to ask about previous cases they’ve worked on and settlements they’ve received on behalf of other dog bite victims.
Each case is different, but it’s good to know that you’re working with someone who knows local laws regarding animal attacks and has had success representing clients in the past.
Under the Illinois Animal Control Act, you need to prove four things: the defendant owned or kept the dog, the dog attacked or injured you, you were not provoking the dog, and you were in a place you had a right to be. That's it — Illinois is a strict liability state, meaning you don't need to show the owner knew the dog was dangerous or was negligent. If those four elements are met, the owner is liable. This makes Illinois one of the strongest states for dog bite victims.
The two main defenses are provocation and trespass. Provocation means you did something to cause the dog to bite — teasing, hitting, or startling the dog. What counts as provocation is fact-specific and courts interpret it narrowly. Children especially are given significant leeway. Trespass means you were somewhere you had no right to be. If you were on a public sidewalk, a neighbor's yard with permission, or any place you were lawfully present, the trespass defense fails. I address both defenses head-on with the specific facts of your case.
Significantly. Scarring — particularly facial scarring — is one of the highest-value elements of a dog bite case. Illinois allows recovery for disfigurement as a component of non-economic damages. Photographs of the injury progression, plastic surgery records, and expert testimony about permanent scarring can dramatically increase the value of a claim. Children's dog bite cases with facial scarring are among the highest-value personal injury cases because of the lifelong impact of disfigurement.
Usually yes — most homeowners and renters insurance policies cover dog bite liability. The coverage typically applies to bites occurring on the owner's property and sometimes off the property as well, depending on the policy. The insurance company defends the owner and pays any judgment or settlement up to the policy limits. I identify the applicable insurance from the start and deal directly with the insurer. Call 312-500-4500 for a free evaluation of your dog bite claim.
Would you like to know more about how to win your dog bite case?
If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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