How to File A Dog Bite Lawsuit in Illinois | Step-By-Step

If you’ve been bitten by a dog in Illinois, there are some steps that you need to take right away, not only for your health and well-being but also to ensure any potential injury claim starts out on the right track. Dog bite injury cases are fairly challenging, so we suggest reaching out to a skilled personal injury lawyer who has experience handling these specific types of cases to help you secure compensation.

Step 1: Seek Immediate Medical Attention

Your health is the priority after a dog bite. Even if the injury appears minor, you should see a doctor to treat any potential infections or complications. In Illinois, seeking medical care promptly is essential for both your health and your lawsuit, as medical records documenting your injuries will be crucial evidence in the case.

Step 2: Identify the Dog Owner and Location

Illinois law requires that you identify the dog and its owner in order to file an injury claim. If possible, gather the dog owner’s contact information, as well as details about the dog, such as its breed and vaccination history. This information will be critical in establishing liability and determining whether the dog has a history of aggressive behavior.

Step 3: Report the Dog Bite

After seeking medical attention, it is important to report the incident to local authorities. In Illinois, you should contact animal control or local law enforcement to document the incident. This official report will serve as evidence in your lawsuit and help determine whether the dog has previously attacked others.

Step 4: Gather Evidence

Evidence is key to proving liability in a dog bite case. Collect as much evidence as you can from the scene of the attack, including:

• Photographs of your injuries and the area where it happened (if possible).
• Contact information from any witnesses who saw the attack.
• Medical records detailing your treatment and injuries.
• A copy of the official report filed with animal control or the police.

The more evidence you collect, the stronger your case will be when you file your claim.

Step 5: Understand Illinois Dog Bite Laws

Illinois follows a strict liability rule when it comes to dog bites, meaning the owner is typically held liable for any injuries caused by their dog, even if the pet has never bitten a person before or shown aggression. Under the Illinois Animal Control Act, the victim doesn’t have to prove that the dog owner was negligent—only that they were lawfully on the property and did not provoke the dog. Understanding this law is crucial when filing your lawsuit.

Step 6: Calculate Your Damages

Before filing a lawsuit, you will need to calculate the full extent of your damages. This can include both economic damages, such as medical losses, lost current and future wages, and property damage, and non-economic damages, like pain and suffering or emotional distress.

Step 7: File Your Lawsuit Within the Statute of Limitations

In Illinois, you must file a dog bite lawsuit within two years from the date of the injury. If you fail to file within this statute of limitations, you will lose your right to recover compensation. It is critical to act quickly and consult with an attorney early in the process to ensure that all legal deadlines are met.

Step 8: Consult with a Dog Bite Attorney

Dog bite cases can be legally complex, especially if the owner disputes liability or if you face significant medical bills. An experienced Chicago dog bite attorney can help guide you through the legal process, gather evidence, and negotiate with the insurance company on your behalf. A skilled lawyer will fight to ensure that you receive the compensation you deserve for your injuries.