Going to Court for a Dog Bite Case in Illinois

 Posted on August 24, 2025 in Dog Bite Injuries

Dog bites can cause devastating injuries, from deep lacerations and broken bones to nerve damage and permanent scarring. In Illinois, victims often face not only physical pain but also mounting medical bills, lost wages, and emotional trauma. While many dog bite claims in Illinois are resolved through insurance settlements, some cases go to trial. Knowing what to expect can help you prepare for the process and understand why having experienced legal representation is critical.

Our firm has over 175 years of combined experience, and we are prepared to fight aggressively in court when necessary. With free consultations and contingency fee billing, our Aurora, IL dog bite injury lawyers help victims pursue justice without financial risk.

Illinois Dog Bite Law Says a Dog Owner is Strictly Liable

Under the Illinois Animal Control Act (510 ILCS 5/16), dog owners are held strictly liable if their dog injures someone without provocation, and the victim was lawfully present where the attack occurred. Unlike in some states, victims do not have to prove that the dog had bitten before or that the owner knew the animal was dangerous.

Because of this strict liability standard, many cases settle. However, disputes can arise over issues such as whether the victim provoked the dog, whether the victim was trespassing, or the true extent of damages. These disputes often push cases into litigation.

What Happens if a Dog Bite Case Goes to Court?

If negotiations fail, your case may proceed to trial. Here is what that process typically involves:

• Filing a lawsuit: Your attorney files a complaint outlining how the dog owner is liable and what damages you seek.

• Discovery: Both sides exchange evidence, including medical records, photographs, witness statements, and expert testimony.

• Motions and hearings: The court may rule on legal issues before trial, such as what evidence is admissible.

• Trial: Both sides present their cases to a judge or jury. Your attorney will argue liability under Illinois law, present evidence of damages, and counter the defenses raised by the dog owner.

• Verdict: The court decides whether the owner is liable and, if so, how much compensation you are entitled to.

Trials can be lengthy and stressful, but they also provide an opportunity to recover the full value of your claim when insurers refuse to pay fairly.

Common Defenses Dog Owners Raise in Bite Cases 

Even though Illinois law favors victims, dog owners and their insurance companies often try to avoid paying. Common defenses include falsely claiming the victim provoked the dog, that the victim was trespassing, or that the severity of the injuries is not as bad as the victim claims. 

An experienced trial attorney knows how to dismantle these defenses. For example, if a dog owner claims provocation, your lawyer may present medical testimony and eyewitness accounts showing the attack was unprovoked.

Why Experience in the Courtroom Matters for Serious Dog Bite Cases

Not every law firm is prepared to take a case to trial. Insurance companies know which attorneys settle quickly and which firms are willing to fight in court. With over 175 years of combined experience, our firm has built a reputation in Kane County and beyond for aggressive representation. We use expert witnesses, medical professionals, and accident reconstruction specialists when necessary to present the strongest possible case.

This reputation often benefits clients even before trial. Insurers are more likely to make fair offers when they know the attorney on the other side is ready to go the distance.

Contact a Kane County, IL Dog Bite Lawyer

If you or your child has been bitten by a dog, you should not face the legal process alone. Some cases settle quickly, but others require the strength and resources of a firm willing to go to trial. Contact an Aurora, IL dog bite attorney at Dog Bite Injury Lawyer - Mevorah Law Offices LLC today by calling 630-552-6860. We offer free consultations and work on a contingency fee basis, so you pay nothing unless we win your case.