Legal Question in Personal Injury in Illinois
dog bite-should our med ins pay?
My husband and son were in our backyard when an unknown pitbull came into our yard and acted aggressive toward my son. My husband came running toward him and the dog started out of our yard with my husband chasing it. The dog stopped and cornered my husband, finally biting him in the hand through a leather work glove (puncture wounds). We called police and by chance, a car stopped asking if we found a dog. Police filed a report, animal control took a report, dog had all shots, husband went to emergency care for xray, antibiotics, etc. Our insurance paid the charges. The dog owner contacted us, told us the dog had never done been aggressive, and implied that it had been provoked. Not true. Animal control says it was not the first report against the dog. Dog owner says he will not file homeowner insurance claim, we should give him the bills. As I said, our insurance paid all but a $10 copay (insurance payout was about $700), my husband's hand was swollen for days, but no lost work. What should we do? It does not seem right that our med insurance should cover this bill. Thank you
3 Answers from Attorneys
Re: dog bite-should our med ins pay?
Dear Sirs:
You do have a case against the owner of the dog for personal injuries, medical bills,and pain and suffering.
Please call should you wish to discuss.
Many thanks,
John C. Wunsch
Re: dog bite-should our med ins pay?
It depends what it is you want to do.
The owner is responsible to pay for all medical bills, loss of normal life (that is inability to enjoy life as your husband would have without his wound), pain and suffering, all out of pocket expenses and wage loss, if any.
The fact that the owner is talking about "provocation" is strange because that is in fact the ONLY defense to a dog bite. Otherwise, it is all pretty straight forward. We need to look at the situation as to how the biting take place and to see how well the defense of "provocation" will survive legal scrutiny. This is very fact extensive process.
If you want you may call my office, and talk to Angela my assistant to make an appointment to come and discuss whether or not you stand a good chance of recovery should you want to file suit.
I hope this helps,
Taradji Law Offices
Re: dog bite-should our med ins pay?
This is an open and shut case. They will be required to pay for medical bills as well as your personal injuries.
The only questions are:
1. Does his Insurance cover the dog?
2. If he does not have insurance, does he have the assets to pay you.
email me if you have any questions.
Joe Michelott
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