Are you harmed or bitten by another person’s dog? On the basis of how the incident has occurred, for any resulting damages, the person can be held liable. For claiming condensation for the injury you got, you can actually file a dog bite lawsuit against the owner.
In the United States of America, around 4.5 million dog bite cases take place every year. And every one-fifth of those dog bites turn out to be infected. This information has been given by the Center for Disease Control and Prevention.
Who Is Liable For A Dog Bite Injury?
On the basis of the state where you reside, liability for damages or injuries in a dog bite differs. As per Illinois law, under intentional tort, doctrines of negligence, scienter, and negligence per se, a dog bite victim will be eligible for compensation.
Regarding dog bites, there is a special Illinois state statute, which is the “Animal Control Act.” As per this statute, the owner of the dog is liable for any kind of injuries to others, without any type of negligence on the part of the defender.
According to this statute, these owners are defined as:
“Any person with the right of property over an animal, or who harbors or keeps an animal, or who acts as its custodian, or has it in his or her care, or who permits a dog to remain on any premises that is occupied by him or her with all their senses.”
Further, the statute also explains the context of the situation, where a dog owner may be held liable, stating:
“In case a dog, or any other animal attacks, or attempt to attack, or injures without any provocation, any person is peacefully conducting herself or himself in a place where she or she can be lawfully, the owner of the specific dog or any other animal can be held liable in the damages to the injured person for the total amount of the injury that is caused.”
How To File A Dog Lawsuit
Compared to any other personal injury lawsuits, dog bite cases are relatively straightforward. In order to get a better understanding, it will be best if you consult with a San Diego personal injury attorney.
For filing a case against the dog owner, it is important to establish that the owner is liable for the specific accident. The injuries that you are enduring have to be the direct result of the dog bite.
Once you are done with establishing a liable party, it is time to make a list of all the present and future costs that are the result of the injury. All these costs can include the following things.
- Medical Bills.
- Lost wages.
- Expected Future Medical Costs.
- Permanent Scarring.
- Permanent Disability.
A dog bite is indeed a traumatic event, and often it also causes psychological scarring. In addition to your physical injury or damages, you can be entitled to compensation and that too in the form of punitive damages for any kind of emotional damages which you bore.
There are also many dog bite lawsuits, which the victim selects to file both for the punitive damages and the compensatory damages.
During the claim process, you might need to deal with an insurance provider at some point. It is really vital to compile tangible evidence in order to prove that the bite actually did occur. In case you fail to prove it, the insurance provider might refuse to cover you.
Examples of tangible evidence involve the following.
- Incident reports.
- Medical Bills.
- Witness Reports.
- Photographs of the injuries and the scene.
Once you gather all the evidence along with establishing your damages, you need to hire a personal injury lawyer for filing a dog bite lawsuit claim.
From the above discussion, it is now clear when and how you can file a dog bite personal injury lawsuit. A personal injury lawyer will be able to offer you more detailed guidance with all the mandatory information.