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Chicago Personal Injury Lawyer | Panio Law Offices

What To Do If You Suffer a Dog Bite Attack

In many cases, when a dog bite attack occurs, the dog’s owner is likely held responsible. But it is not always the case. It is always important to get the circumstances of the incident documented to establish the facts of the case. Establishing the facts surrounding the incident, however, is not always top of mind when it occurs.

Typically, emotions are heightened. Many of the steps you should take to support a strong claim for personal injury damages are neglected, and it becomes increasingly more difficult to prove your case. Here are some essential steps individuals should take when suffering a dog bite:

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Dog Bite Statute of Limitations in Illinois

In every state there are laws governing the length of time a claimant has to file a personal injury case. The “Statute of Limitations,” as it is called, essentially puts a time limit on your personal injury law suit. In some cases, depending upon the kind of claim in question, time limits on filing a claim differ.

In the State of Illinois, where this statute applies to dog bite attacks, the time limit is the same as those for any other personal injury case. Statute 735 Illinois Compiled Statutes section 5/13-202 states:

"Actions for damages for an injury to the person…shall be commenced within two years next after the cause of action accrued”

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Who is Liable in Emergency Situations if Something Goes Wrong?

Medical malpractice is never really a cut and dry legal matter. As discussed earlier on this blog, a variety of factors must co-exist for valid medical malpractice claim. First, a "medical standard of care" must be adhered to, and the patient must be injured if the care provided did indeed fall below that standard.

However, in situations where there is a medical emergency, circumstances are such that the standard of care has to be relaxed when compared with most controlled medical treatment settings. As such, there are actual strong protections from lawsuits in place for first responders (fire, police, EMT professionals, and others first responding to an emergency situation). Lawmakers also provide for these protections in an effort to preserve emergency services for the state. These protections do not typically extend to emergency room treating physicians, nurses and other medical staff.

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Prescription Drugs and Medical Malpractice

When a patient is the victim of medical malpractice that involves the prescription of drugs, malpractice is not necessarily the only legal basis by which you can fight for damages. A defective products claim may also result from your injury.

If your injury involved the administration of prescription drugs, the cause of your injuries may indeed be traced back to an error in the manufacture or marketing of the drug in question.

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Duty of Care and Personal Injury

Negligence is a basis for many successful personal injury claims and when negligence is proven, what the defendant did or didn’t do to constitute it often hinges on what is called a “duty of reasonable care.”

What is a duty of reasonable care? That can be a tricky nut to crack. Often, definitions of negligence differ from circumstance to circumstance based on conditions, relationships of individuals involved. So it is often necessary to contact an experienced personal injury attorney when you have a question about liability or fault in an accident.

For instance, a man walks into a home that is being remodeled and clearly marked as a construction site to inquire about a contractor’s services or a job with the contracting company or any innocuous question about the residence. When he knocks on the door there is no answer. He finds no one in the foyer, yet he enters further and calls out to find anyone who might be around. In the process he knocks over a scaffold, injuring himself in the process. Is he likely to receive a personal injury claim as a result? The answer is likely not. The man entered a clearly marked construction site without authorization. He took no precaution in wearing a hard hat or reasonable care when in the space and as such, his own actions constituted negligence.

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