This is the next post in my series on the handling of dog bite cases in Peoria and other Illinois areas. My last article discussed the fact that Illinois applies strict liability after a dog bite. This means that the owner of the animal will generally be considered liable as long as a) the victim had the legal right to be at the place where the injury occurred and b) the victim did not provoke the animal. Liability is still sometimes disputed, however, and it is important that you retain an experienced attorney to assist you. In this article I will discuss how insurance coverage applies in such situations. If you or a family member are in need of assistance then contact my office today to speak with a personal injury lawyer.
Many dog bite cases will be covered by the defendant’s homeowner’s policy or renter’s insurance policy. This can also be true even if the bite did not occur at the residence of the owner (an example being an animal attack which occurs at a dog park). It should be understood that such policy limits are often quite low (meaning the insurance company will not pay out a large amount). In situations which involve serious injuries, it may be necessary for a victim to sue the owner directly after the insurance policy has already paid out its limits. Also, it will be necessary to check the policy for any exclusions which may preclude coverage. Experienced counsel will be able to assist you with navigating insurance coverage in such cases.
Once you retain an attorney then your representative will immediately contact the homeowner and immediately request all information related to the insurer. Counsel will contact the insurer and inform them of the representation. They will deal with your attorney directly while you focus on treating your injuries. Once your long-term prognosis is reasonably known then a settlement demand will be sent to the carrier. This demand will include a breakdown of how much you are requesting and the basis for that calculation. Your attorney will then engage in back and forth negotiation and, if a settlement cannot be reached, then a lawsuit will be filed on your behalf.
Navigating insurance issues can quickly become complicated in a dog bite case. If, for example, the injury occurs in the common areas of a condominium complex or apartment dwelling, then the policy of the homeowner’s association or landlord may also be implicated. It is important that you retain counsel who is experienced in this area of law as having a judgment, which cannot be collected on, provides little benefit to a victim. Having counsel who can deal with the maze of insurance can be vital.
If you or a family member have been injured then contact my office today to speak with a Peoria dog bite lawyer. I understand the serious injuries which can stem from such an incident and my office will give your case the attention it deserves. We believe in standing up for the rights of people over those of insurance companies and we look forward to being of assistance. Contact us online or by telephone to schedule an initial consultation. My office also serves the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
