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Can I bring a lawsuit after a dog bite in Illinois?

If you have standing to sue, you can bring your dog attack claim to court

Anyone can file a lawsuit in an Illinois court—assuming they pay the filing the fee and submit a complaint that complies with court rules. However, unless you have legal standing to file the lawsuit, you should expect that the dog owner whom you are suing or that dog owner’s insurance company will make a motion to have your case dismissed. Therefore, you want to make sure that you have legal standing to file a case before you do it.

Standing to Sue

In Illinois, you may have the legal authority to file a lawsuit if:

  • You were bitten by a dog and you are over the age of 18. If you were physically injured by someone else’s dog then you have standing to bring a dog bite case in Illinois.
  • You are the parent of guardian of a minor child who was bitten by a dog. If your child was physically injured by someone else’s dog, then you have standing to bring a dog bite case on your child’s behalf in Illinois. Any damages that are awarded in the case would be for the benefit of your child.
  • You are the guardian of an adult who was bitten by a dog. If you are the legal guardian of an adult who was bitten by a dog then you may have standing to bring a dog bite case on that person’s behalf. Any damages that are awarded in the case would be for the benefit of the adult who was hurt.
  • You are the administrator of the estate of someone who died from a dog bite injury. If you are the administrator of the estate of someone who died from a dog bite injury then you may have standing to bring a dog bite wrongful death case on behalf of the estate. Any damages that are awarded in the case would belong to the estate and would be distributed accordingly.

While having standing to sue is important, it alone will not guarantee your recovery.

You Will Have to Convince the Court That You are Legally Entitled to Damages

You have the right to work with an experienced lawyer on your case. To find out more about how a dog bite case works and how to get the damages that you deserve, please start a live chat with us now.

Jason F. Abraham
Managing Partner, Hupy and Abraham