If your child has been bitten by a dog in Illinois, you may be entitled to compensation for medical expenses, emotional trauma, and more. While many cases are resolved through insurance claims or settlements, some situations require filing a lawsuit — especially when the dog owner or their insurance company denies responsibility.
When Does a Lawsuit Become Necessary?
The lawsuit process typically begins when:
- The dog owner denies liability.
- Insurance claims are denied or the offered settlement is unfair.
- There is a dispute over the facts of the incident (like provocation or trespassing).
If you’ve exhausted other avenues without a fair resolution, it’s time to consider legal action. Consulting an experienced attorney as soon as possible will help you understand your rights and determine the strength of your case.
1. Seek Medical Attention and Consult a Lawyer Immediately
Before diving into the legal process, prioritize your child’s health. Even if the bite appears minor, prompt medical care is essential to prevent infection and document the injury.
Once your child’s immediate needs are addressed, consult a personal injury lawyer who specializes in dog bite cases. Your lawyer will:
- Evaluate your case to determine if a lawsuit is necessary.
- Investigate the incident, gather evidence, and document damages.
- Handle communication with insurance companies to pursue compensation.
- Prepare to file a lawsuit if negotiations fail.
2. Filing the Lawsuit
If insurance negotiations do not result in a fair settlement, your lawyer will formally file a personal injury lawsuit against the dog owner. This step includes:
- Drafting and submitting a complaint: The document outlining the incident, the injuries sustained, and the compensation being sought.
- Serving the defendant: Officially notifying the dog owner that they are being sued.
- Waiting for a response: The dog owner or their insurance will file an answer, either admitting or denying the allegations.
3. Discovery Phase
Both sides gather and exchange information to build their cases. This can include:
- Depositions: Sworn statements from witnesses, the dog owner, and even your child if appropriate.
- Document collection: Medical records, evidence of injuries, insurance correspondence, and photographs.
- Expert testimony: Medical experts, animal behaviorists, or other specialists may be involved to establish the severity of injuries or the dog’s behavior.
4. Pre-Trial Negotiations and Mediation
In many cases, both parties may attempt to reach a settlement before going to trial. Your lawyer will:
- Negotiate with the defense: To try to reach a fair compensation agreement.
- Participate in mediation: A neutral mediator helps both sides find a resolution.
- Prepare for trial: If mediation fails, your lawyer will gather final evidence and craft a trial strategy.
5. Going to Trial
If the case proceeds to court, here’s what to expect:
- Opening statements: Both sides present an overview of their arguments.
- Presentation of evidence: Your lawyer will present medical records, eyewitness accounts, expert testimony, and any other supporting documents.
- Cross-examination: The defense may question your evidence or witnesses.
- Closing arguments: Both parties summarize their cases.
- Verdict: The judge or jury will decide whether the dog owner is liable and determine the compensation amount.
6. Post-Trial Outcomes
If you win, the court will order the responsible party to pay damages, which may include:
- Medical expenses: Current and future treatment.
- Pain and suffering: Physical and emotional distress.
- Loss of normal life: If the injury impacts your child’s daily activities.
- Loss of income for parents: If time off work was necessary for medical care.
If the verdict is unfavorable, your attorney can discuss the possibility of filing an appeal.
Reach Out to Our Lawyers
At our law firm, we are dedicated to fighting for your child’s rights and securing the compensation they deserve after a traumatic dog bite incident.
If your insurance claim has been denied or the dog owner refuses to take responsibility, contact us today for a consultation. We’ll help you navigate the legal process with care and expertise.
