- Carlisle Dog Bite Injury Attorneys
- Phone: 641-792-3595
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When dogs cause injury, dog bite lawyers become invaluable allies for victims. With expertise in animal-related legal matters, they adeptly handle liability and compensation complexities to secure justice and support for the injured.
Challenges to a Dog Bite Claim and How to Address Them
Dog bite incidents can range from minor injuries to severe, life-altering consequences. In Iowa, the law provides clear guidelines for dog bite liability, but pursuing a claim can still be fraught with challenges. If you're seeking compensation after a dog bite attack, it’s important to understand the potential obstacles and how to address them effectively. Here's what you need to know.
Understanding Iowa Dog Bite Law
According to Iowa Code 351.28, dog owners are liable for damages if their dog attacks or attempts to bite someone, except if the victim was engaging in unlawful activities that contributed to the incident. This means that unless the victim was doing something illegal, such as trespassing or provoking the dog, the owner is typically responsible for the injuries.
Common Defenses Against Dog Bite Claims
1. Trespassing: Dog owners may claim that the victim was trespassing. However, liability depends on whether the trespassing contributed to the bite. If you were unlawfully on the property but did not provoke the dog, the owner may still be liable.
2. Provocation: Owners often argue that the dog was provoked. Provocation can range from teasing the dog to inadvertently scaring it. However, what constitutes provocation can be subjective, and it's important to provide context to your actions during the incident.
3. Rabies: If the dog had rabies and the owner was unaware, the owner might not be liable. Proving negligence in such cases, like the owner failing to secure the dog properly, is crucial.
Addressing the Challenges
If you're pursuing a claim, here are steps to strengthen your case:
- Seek Immediate Medical Attention: Document your injuries as soon as possible. Delays can be used against you to argue that your injuries were not serious.
- Be Honest with Your Doctor: Disclose all relevant medical history to ensure accurate diagnosis and treatment. Incomplete information can harm your case.
- Document Pain and Treatment: Consistently report your pain and any limitations to your doctor. Keep records of all medical visits and treatments.
- Avoid Missing Appointments: Regularly attend medical appointments and follow prescribed treatments. Missed appointments can be seen as a lack of seriousness about your recovery.
- Communicate Work Limitations: Inform your doctor if your injury affects your ability to work. This should be documented in your medical records.
- Follow Medication Instructions: Adhere to prescribed medications and report any side effects to your doctor for adjustments.
- Complete Medical Treatment: Continue treatment until fully healed or until your doctor advises otherwise. Gaps in treatment can suggest you are no longer injured.
- Keep Legal Discussions Separate: Focus on your medical condition during doctor visits. Avoid discussing your lawsuit or legal strategies with medical providers.
- Address Psychological Impacts: If experiencing depression or anxiety due to the injury, seek appropriate treatment and ensure it is documented.
- Maintain Records: Keep a file of all medical records, treatment plans, and any communication with insurance companies.
Special Considerations for Children
A dog bite can have profound effects on a child, including physical injuries like deep cuts, broken bones, and disfigurement, as well as emotional trauma such as PTSD. After ensuring your child receives immediate medical care, contact an Iowa dog bite attorney to seek compensation for both current and future medical and psychological needs. Emotional distress from a dog attack can necessitate therapy and medication, impacting the child's and family's well-being.
When to Contact a Dog Bite Lawyer
For the complete list of things you should do if bitten by a dog you can request our FREE book, "Iowa Consumer's Guide to Dog Bites- Secrets to Not Get Bitten by Your Case" which is available to you with no risk or obligation by clicking here or by calling 641-792-3595.
Why offer a Free Dog Bite Book? Since 1997, I have been representing injured Iowans, including many dog bite victims from central Iowa and throughout the state. I have heard too many horror stories about people making costly mistakes, causing them to lose thousands of dollars. Before you talk to the insurance company you should know your rights and perhaps more importantly your responsibilities.
If you need immediate assistance, contact us online or call us at (641) 792-3595. If you are not local to us, we will come to you.