A Dog Bit Me But Did Not Break the Skin–Can I Sue?

Being bitten by a dog is a frightening experience. While some bites are severe and can lead to disfigurement or death, others are less severe. Those who have been bitten but do not have severe injuries may believe that they have no recourse for the incident. Here is what someone who has been bitten by a dog can expect.

Illinois Law on Dog Bites 

Illinois is a strict liability state when it comes to dog bites, as outlined in 510 ILCS 5/16. This means that dog owners are legally responsible for injuries or damages caused by their dogs, even if the dog has never shown aggressive behavior before and the owner had no prior knowledge of any risk. In other words, the victim does not need to prove negligence or that the dog had a history of biting. Simply being bitten or attacked is enough to hold the owner liable.

Illinois’s strict liability dog bite law includes two main exceptions: when the victim trespasses on the dog owner’s property or deliberately provokes the animal. In these situations, the law may not hold the owner responsible for injuries or civil damages. However, in most cases, especially those that happen in public places or where the victim has a legal right to be, Illinois law prioritizes public safety and directly holds dog owners accountable when their pets cause harm.

What Physical Injuries Can I Sustain If the Dog Did Not Break the Skin?

Even if a dog does not break the skin, you can still suffer significant injuries that may require medical attention due to a dog bite. Here is what may happen:

• Bruises or contusions from the force of the bite or impact
• Crushing injuries to underlying tissues, even if the skin remains intact
• Fractures or broken bones caused by falling or the force of the dog’s body
• Loss of function or mobility in the affected area
• Nerve compression or damage without visible skin breakage
• Soft tissue injuries, such as muscle damage or ligament tears
• Sprains or strains, especially from trying to pull away or being knocked down
• Swelling and pain from internal tissue trauma

If a person is injured by an animal and successfully recovers under Illinois’s dog bite law, they may be entitled to full compensation for all resulting damages. This includes reimbursement for medical expenses, pain and suffering, disfigurement or scarring, and any lost income due to the injury. In more severe cases, compensation may also cover long-term medical care and rehabilitation costs.

Emotional Impact

While physical injuries may heal with time, the emotional impact can be long-lasting and deeply disruptive. Many victims, especially children, develop a persistent fear of dogs, even friendly ones, and may avoid parks, public spaces, or other environments where dogs are present. This kind of anxiety can affect social life, school, or work routines. In more severe cases, victims may experience symptoms of post-traumatic stress disorder (PTSD).

It is possible to file emotional distress claims in personal injury lawsuits in Illinois. Victims of emotional distress resulting from a dog bite or related incident may be entitled to various forms of compensation. This can include medical expenses, such as the cost of therapy, counseling, and other treatments needed to address the emotional impact of the event. Compensation may also be awarded for pain and suffering, which covers both the physical and emotional anguish caused by the incident and its aftermath. In more severe cases involving intentional or egregious behavior, the court may also award punitive damages. These are intended not just to compensate the victim, but to punish the wrongdoer and deter similar conduct in the future.

What Steps Should I Take If I Have Been Bitten By A Dog?

If you have been bitten by a dog, you may not know what to do next. It is important to immediately clean the area where you were bitten with soap and water and to apply antibiotic ointment. Additionally, you should seek medical attention. All dog bites, regardless of severity, should be evaluated by a healthcare provider. A medical professional will evaluate the need for a tetanus shot or further treatment. 

Once the immediate needs are taken care of, you should do the following:

• Obtain the dog owner’s name, contact information, and vaccination history. Collect the full name, phone number, address, and any details about the dog’s rabies vaccinations.
• Report the incident to local animal control or health authorities. Under Illinois law, dog bites must be reported. Filing a report ensures the incident is documented and allows authorities to verify that the dog is vaccinated and not a public safety risk. 
• Document your injuries by taking photos and saving all related medical records. Take clear, dated photos of the bite injuries at various stages of healing. Keep copies of your medical evaluations, prescriptions, follow-up appointments, and receipts. 
• Consult a personal injury attorney to understand your legal rights and pursue fair compensation. A personal injury lawyer experienced in dog bite cases can help you navigate Illinois’s strict liability laws and evaluate whether you are entitled to compensation for medical expenses, lost wages, pain and suffering, or long-term effects. 

Keep The Statute of Limitations In Mind

Victims of dog bite incidents have two years from the date of the attack to file a lawsuit against the dog owner. This statute of limitations applies to claims seeking compensation for medical expenses, lost income, and other damages related to the incident. If the victim is a minor at the time of the attack, the law extends the filing deadline, allowing them to bring a claim up to two years after their 18th birthday.

Contact an Illinois Dog Bite Attorney

Dog bite victims are often confused about what to do next. Many victims tend to brush off the bite and take care at home. However, this can be a mistake. Even if a dog bite does not break the skin, you may still have grounds to pursue legal action. Contact an experienced Illinois dog bite attorney today to discuss your case.