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 Illinois’ strict liability laws for dog bites. This law means that an owner does not have to be shown as having been negligent in order to establish liability. This does not mean, however, that liability is automatic. An experienced attorney can assist you with understanding whether or not you have a claim against a pet owner. In this article I will discuss what to expect when litigating such a case. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
The first step after a dog bite is to contact an attorney. Counsel will immediately inform the pet owner of the incident and will gain information regarding the pet owner’s homeowner’s insurance. The insurance company will also be informed of the representation. Once the victim’s damages are reasonably ascertainable then a demand for payment will be submitted to the insurance carrier. It should be understood that this may take some time. Nerve damage, scarring, and the need for multiple surgeries may result in a large amount of time passing before the damages can be reasonably calculated. If a fair settlement can be reached then the case will be concluded. If a settlement cannot be reached then litigation will be necessary.
If a lawsuit is filed then it will be necessary to conduct discovery so that the Plaintiff has needed evidence at trial. Discovery efforts will focus on obtaining proof that the victim did not antagonize or provoke the animal. Such evidence can include eyewitness accounts, security footage, social media posts, and more. The defense will often conduct discovery into the extent of a Plaintiff’s damages. Defense attorneys will often use such discovery in an attempt to show that the injuries sustained are not as severe as the victim claims or that some injuries may have been pre-existing. Depending on the nature of the case, it may be necessary for the Plaintiff to retain medical and vocational experts as well.
If a settlement cannot be reached then the case will proceed to trial. The trial process will begin with the selection of a jury. The Plaintiff will make their opening statement and the defense will follow. The Plaintiff will then present their evidence and witnesses. The Defense will then present their case and the Plaintiff will follow with rebuttal. Rebuttal is not a time for the Plaintiff to make new arguments. This portion of the case may only be used to “rebut” claims which have been made by the defense. Each side will then make a closing argument and the Judge will issue instructions to the jury. The jurors will return a verdict as to whether or not the defendant is liable and the amount of damages to be awarded. This will conclude the case.
While the foregoing process may sound straightforward, it can quickly become complicated and can take several years if the Plaintiff has suffered serious injuries. Retaining an attorney with experience in handling such matters can be crucial. I am a Peoria dog bite lawyer who has devoted his career to standing up for the rights of people over those of insurance companies. My office understands that this is an important time in your life and my office will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. We look forward to speaking with you. My office also serves the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
