Do I Have A Dog Bite Case Under Illinois Law? // Josh Rohrscheib #Bloomington

Do I have a dog bite case under Illinois law?

⬇️Who is Josh Rohrscheib ⬇️

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Transcript:
Do I have a dog bite case under Illinois law? Hi, I'm Joshua Rohrscheib. I'm a personal injury lawyer in central Illinois. In this video, I'll talk about the factors we use to help a client determine if they have a dog bite case Cinderella Noye law. So generally, you should know that Illinois law is very favorable to folks who've been injured in a dog bite or a dog attack case. And the main law in Illinois that applies is the Illinois Animal Control Act. And the Animal Control Act, if you are injured by a dog, and you are a place in a place, you had a right to be like you weren't trespassing, as long as you didn't provoke the dog. Generally, you'll have a winning case, there are certain factual exceptions that can apply, but those are pretty limited. And there are certain circumstances that can make it kind of hard to recover. In a case in this video, I'll speak briefly on those. The first set of circumstances that can make it very hard to have a case to kind of keep you from having a case is if you can't identify the dog or can identify the owner of the dog. Like if you're out for a run a dog attacks, who then runs away and you have no idea who owns the dog, and you can't figure that out. As a practical matter, there is no defendant to pursue a claim against if you don't know who did the attack. And now, if something like this happens to you, you should investigate the case, talk to the neighbors, maybe put something on Facebook describing the dog, and see what you can learn because you may be able to find the dog with a little bit of diligence, talk to animal control, they may have had other reports of the same dog in the same area, or dog will meet that description. But so that's the first set of circumstances that can really destroy a case if there's just no one to pursue a case against. The second is a far more common problem with dog bite cases. And that is, is there a source of recovery? So when I say a source of recovery, I typically mean is there an insurance policy that is available to pay you for your damages? And most of the time that's a homeowner's insurance policy sometimes a surrenders policy, and sometimes it's a personal umbrella policy. But the really important question is, is there a defendant who has some kind of an insurance policy that can use to recover from, or does the defendant have significant personal assets that you could use to recover for your damages? Typically, people with significant personal assets have insurance. And typically people who don't have any insurance coverage available, also have very limited personal assets. So, unfortunately, a lot of the cases that we review that maybe we'd like to be able to help but we declined, are cases where there's no practical way to ever recover money from someone who doesn't have any money. So there's no way to really achieve a financial recovery for a client in some cases. In most cases where there is a homeowner's coverage, and in most talked cases, we are able to successfully recover for our clients. Now, like anything, this video is meant to give you kind of a general overview of how we look at these cases, specific fact patterns, and specific situations can make a big difference in the analysis. So what I've encouraged you to do if you want to know if you have a case or not, the best way is to have a free consultation with a personal injury lawyer in Illinois lawyers work on a contingency fee. And pretty much any law firm that focuses on personal injury cases, will be willing to give you a free consultation or sit down with you to talk about your case, discuss it with you to help you understand the value of the case, answer your questions, and help you determine whether or not you'd have a case under Illinois law. We'd certainly be happy to do so.