when my neighbor’s dog bites me, how do i get the neighbor to pay the medical costs?
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when my neighbor’s dog bites me, how do i get the neighbor to pay the medical costs?
I was bit by my neighbor’s dog in our mutual back yard condo building. The dog
was off leash. I went to emergency room and received treatment for the wound,
antibiotics, tetanus shot, and X-ray. I want the owner to pay the costs.
Asked on April 24, 2017 under Personal Injury, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
In order to be compensated for your injury, obtain your medical bills, medical reports, and if applicable documentation of wage loss. File your personal injury claim with the homeowner's insurance carrier.
Compensation for the medical bills s straight reimbursement. The medical report will document your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the homeowner's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the homeowner's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the dog owner. Negligence is the failure to exercise due care (that degree of care that a reasonable dog owner would have exercised under the same or similar circumstances to prevent foreseeable harm).
If the dog has a history of biting, the dog owner would also be liable for strict liability which is liability whether or not due care is exercised.
Negligence and strict liability are separate causes of action (claims) in your lawsuit. If the dog does not have a history of biting, only negligence would be applicable.
If the case is NOT settled, your lawsuit against the dog owner must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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