This is the next post in my series on the culpability of property owners in a dog bite case. My last article discussed when Peoria, Illinois landlords may be liable for a dog bite. It is important to understand that, while canine owners are held to a standard of strict liability, property owners are typically held to a more lenient negligence standard. Whether a landlord will actually bear liability will depend on the specifics of the case and it is suggested that you retain an attorney to analyze your situation. In this article I will be discussing what to expect when dealing with the landlord’s insurance carrier. If you are in need of assistance then contact my office to speak with a personal injury lawyer.
Once you have retained counsel then your attorney will contact the property owner and inform them of the injury and the fact that you are represented. The property owner will typically forward this information to their insurance carrier. The carrier will then deal with your attorney directly while you treat your injuries. Your lawyer will typically make a demand that all evidence of the incident (such as any security footage that may exist) be preserved. Once you have completed medical treatment, your lawyer will send a settlement demand to the insurer. This demand will include a breakdown of your losses and will state the amount you are requesting in a settlement. It will also include supporting documents (such as medical bills) and calculations stating how the requested amount was reached.
The insurance adjuster and your lawyer will typically engage in back-and-forth negotiations in an effort to reach a settlement. If a settlement can be reached then the case will be concluded. If a settlement cannot be reached, then your attorney will file a lawsuit on your behalf. One should understand that, even if a lawsuit is filed, the case is unlikely to go to trial as only a small percentage of lawsuits are fully litigated. Your attorney will continue settlement negotiations while simultaneously engaging in the steps needed to move your case forward. These steps include conducting discovery, which can lead to evidence that makes an insurer more likely to settle.
The foregoing process of dealing with insurance can take significant time. This is due to the fact that, generally speaking, a victim should know their long-term prognosis prior to settling a case. Accepting a “quick” settlement can result in an injury victim receiving less than what they should be entitled to in the event that they do not make a full recovery. It is the role of your attorney to gain you the largest possible settlement. Your counsel will provide objective advice as to when you should, or should not, settle.
If you have been injured by a canine then contact my office to speak with a Peoria dog bite lawyer. My firm believes in standing up for the rights of victims over those of landlords and we will give your case the attention it deserves. 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.
