In Illinois, a plaintiff can only receive compensation after dog-bite injuries if he/she did not provoke or attack the animal in question. The personal injury cases involving dog-bite injuries usually depend upon two legal theories – ‘negligence’ and ‘strict liability’. The Illinois is a state that applies the rules of ‘strict liability’ in dog-bite injury cases. It is hard for a layperson to understand the legal definition of ‘strict liability’ properly. The judicious counsel of experienced personal injury lawyers Canton IL will guide you properly during a lawsuit.
You might have been unaware of the unruly behavior of your pet animal. You may think this will provide you with a supportive defense in Illinois. The presence of ‘strict liability’ will prevent you from claiming that defense. The provocation and trespassing are excellent defenses for the dog-owners of Illinois.
Defense of Provocation
The burden of proof lies upon the shoulders of the plaintiff. The injured person has to prove that your dog acted viciously without any provocation. The absence of provocation is hard to prove for a plaintiff without any credible witness.
The injured person might have entered your premise without permission or with the intention of unlawful activities. The act of trespassing will prevent the plaintiff from filing any lawsuit with dog-bite injuries.
The expert personal injury lawyers Canton IL will help you structure irrefutable defenses in the Court of Law.
The time is an invaluable factor in every decision of your life. One second may make you miss a great opportunity. You have to pay close attention to the deadline of personal injury cases in order not to miss the deadline. If you ever receive any dog-bite injury in Illinois, the Peoria IL dog bite lawyers will help you file your lawsuit within the deadline.
Importance of Early Processing
It is expected to require some type of medical treatment after receiving biting injuries from a canine. An experienced lawyer will start the process of making an insurance claim and filing for a lawsuit during the treatment and recuperation period.
Your lawyer will be able to make a thorough assessment of your case due to early processing. He/she will be able to make you understand the nature and scope of your damages properly through early processing.
Illinois Deadlines for Filing a Lawsuit
The Statute of Limitations determines the amount of time a plaintiff has to file a lawsuit after an accident. It varies from one state to another in personal injury cases. In Illinois, you will receive two years of time to file for a lawsuit from the date of the biting. If you miss this deadline, you will be incapable of filing a lawsuit irrespective of the severity of your damages. The experienced Peoria IL dog bite lawyers will save you from missing this deadline and losing your justified compensation.
If you are the owner of a canine in Illinois, you will be legally responsible his/her unruly behavior. Your pet might have bitten or assaulted an individual. The plaintiff may hold you liable for the payment of compensation and may also subject you to criminalizing penalties. An experienced Peoria IL dog bite injury lawyer will help you put on effective defenses.
Injuries through Provocation
Your dog may feel tense in a strange surrounding. A dog is also very sensitive before and after childbirth, around her puppies, during his/her mealtime. A simple patting or teasing may make your pet animal behave aggressively. The plaintiff might have received biting or assaulting injuries due to his/her provoking behavior. This will provide you with an irrefutable defense.
Knowledge of Risks
You might have put a ‘warning sign’ on your front/back entrance reading “Beware of Dogs”. This sign will keep all the guests/neighbors/salespersons aware of the presence of an animal in your property. An individual may decide entering the premise in spite of this ‘warning sign’ and may receive biting injuries. This sign will be an excellent defense for you during lawsuit.
A plaintiff has to be legally present on a property in order to receive any compensation after biting injuries in Illinois. If the plaintiff was trespassing or performing illegal activities on your property, your Peoria IL dog bite injury lawyer will present this fact at your defense.
The nature and jurisdiction of a personal injury case will determine the fate of the defendant or plaintiff. A set of legal rules is expected to be followed in Illinois in the event of a dog bite injury. These rules are included within the ‘dog-bite’ statutes of Illinois. These statutes determine the ‘strict liabilities’ for the personal injury cases involving animal biting. You might have received biting injuries or your dog might have bitten someone else. The dog bite lawyers Peoria IL will keep you informed about the specifics of your case.
If you are the plaintiff in a dog-bite injury case, you have to prove a certain crucial facts in the Court of Law. These facts will help you establish the liability of the owner of the dog. The facts you have to prove according to 510 ILCS 5/16 are as mentioned below.
• You had the legal right to be present on the property of the owner. You were not participating in the act of trespassing.
• The biting injuries occurred due to the attack of the animal.
• You did not provoke the animal and was not responsible for his/her biting in anyway.
The “Strict Liability” statute of Illinois will also let you claim compensations for your injuries other than biting. The experienced dog bite lawyers Peoria IL will be able to clarify the facts and guide you judiciously.
The owner of a dog may face civil liabilities in Illinois even in the absence of any biting injury. The sudden attack or unruly behavior of a dog may make you fall on a hard surface or off the stairs. The physical trauma you may receive due to this fall will make you eligible for some compensation. You will need suitable evidences to prove the veracity of your claim. An experienced dog bite injury attorney Peoria IL will help you collect those evidences.
Dog Bites Causing Criminal Liabilities
You may also claim for criminalizing penalties alongside the compensatory demands with dog-bite injuries in Illinois. The dog-bite statute of Illinois gives you the liberty to classify any biting canine as ‘dangerous’. The owner might/might not have been aware of this dangerous behavior. You are not required to prove that fact during lawsuit in order to press criminal penalties upon the owner. A ‘dangerous dog’ must have the features mentioned below.
• The dog had attacked you unjustifiably without causing any significant physical injury.
• The dog left the owner’s property unattended and behaved aggressively towards. This behavior might have made you apprehensive about your wellbeing.
• If you want to label a dog as vicious, you have to prove the facts mentioned below.
• The unprovoked attack of the dog caused you significant physical injuries.
• The animal in question acted dangerously at least three times in the past.
The aforementioned facts will allow an expert dog bite injury attorney Peoria IL to prove the liability of an owner.