Being bitten by a dog can be a harrowing experience. Besides the physical and psychological trauma, there is also the risk of infections that you have to contend with. Unfortunately, dog bites are not uncommon. If you believe the attack was not your fault, you may hold the dog owner negligent and pursue them for the resulting economic and non-economic damages through a premises liability claim.
Unfortunately, not all dog attack claims end in compensation. If your premises liability claim is denied, it helps to understand what went wrong so you can explore your appeal options.
Besides trespass and provocation, here are two common reasons why most Illinois premises liability claims are denied:
Lack of evidence
To successfully litigate your premises liability claim, you need evidence. This can include witness testimony, a confession from the animal owner or a medical report. If you are attacked by someone’s dog, it is in your best interest that you seek treatment as soon as possible so you can obtain a medical report that directly links your injuries to the attack.
Additionally, this will give credence to the amount you will be seeking to settle the resulting medical bills. Without adequate evidence, you will have a difficult time proving your claim in court.
Failure to file your claim in time
Every state sets the timeframe within which personal injury victims may pursue defendants for compensation. This time limit is referred to as the statute of limitations. In Illinois, the statute of limitations for dog attack claims is two years from the date of the attack. With a few exceptions, claims that are filed after the expiry of the statute of limitations period usually end in denial.
A dog attack can leave you with serious injuries and infections. Find out how you can avoid costly pitfalls while pursuing your premises liability claim in Illinois.