- Fairfield Dog Bite Injury Attorneys
- Phone: 641-792-3595
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In the event of a dog-related injury, dog bite injury attorneys offer essential support to the victims. Their expertise in animal law allows them to adeptly handle the complexities of liability and compensation, aiming for justice and assistance for those harmed.
Understanding Iowa’s Dog Bite Liability
The state of Iowa imposes a strict liability statute regarding dog bites. Strict liability means that the owner of a dog is liable for “all damages caused” by his or her dog unless the victim is performing an illegal act at the time of the attack. Under statutory law, the dog bite victim does not need to prove negligence. However, under case law, more evidence may be required. Here’s an overview of the types of evidence you'll need for a dog bite claim.
Evidence Required Under Statutory Law
If you’re pursuing a dog bite claim under statutory law, the type of evidence you’ll need is relatively straightforward. You must prove the following:
- The dog in question was the dog that bit you.
- You suffered injuries as a result of the bite/attack.
- You were not doing anything illegal at the time of the bite/attack.
Other than these three items, there is relatively little else that you’ll need to establish for a statutory law claim.
Evidence Required Under Case Law
To recover damages under common law, or case law, you’ll need to establish the negligence of the dog owner. Proving negligence may allow you to recover greater damages, including compensation for pain and suffering. Courts consider a situation as dog owner negligence when the dog owner knows the dog is dangerous but fails to restrain it. For instance, if the dog had rabies and the owner knew or should have reasonably known about it, but failed to control the dog, the owner acted negligently. Similarly, if the dog had bitten someone in the past and the owner didn’t properly restrain it, the owner acted negligently.
To recover damages under case law, you must prove:
- The owner knew or should have known of the dog’s dangerous nature.
- The owner failed to take action to prevent the dog bite/attack.
- The dangerous dog bit or attacked you.
- You suffered injuries as a result of the bite/attack.
If you can prove the above, then you’ll be eligible to recover damages for the full extent of injuries suffered.
What to Do After a Dog Bite
If a dog in Iowa has bitten you, it is essential to gather evidence and seek immediate medical attention. You might also want to read up on psychological injuries following a dog bite and the reasons to hire a dog bite attorney. Then, call our offices to schedule your free case consultation. At Walker, Billingsley & Bair, we want to represent you! Dial (888) 435-9886 today.
Handling Insurance Adjusters
Like most Iowans, you may have dealt with insurance companies for property damage claims. When dealing with an insurance company for a dog bite claim, here are some tips:
Tell the Truth and Keep Records
Always tell the truth because anything you say can and will be used against you by the insurance company. Document your damages by keeping track of documents and other information. Maintain a diary or journal of persons you speak with and when you spoke with them, which will help prove the extent of your damages.
Medical Records and Doctor Visits
If you sustained injuries, keep track of the time you miss from work and keep doctors' excuses for missed work. Review any medical bills or explanation of benefits forms that you receive. Medical records will include your description of how you were injured, your physical complaints, your injuries, the doctor's examination findings, and the treatment you received. Insurance companies will base their offer to you on this critical information.
If you are still having problems and they aren't improving, return to your doctors. Failing to see a physician regularly is considered evidence that you have fully recovered, which can hurt your claim.
Dealing with the Insurance Adjuster
Insurance adjusters are trained to settle your case for as little as possible. Be smart and watch what you say because it could later be used against you. Consider having a professional on your side, such as an injury lawyer with experience in handling dog bite injuries.
Often, an adjuster will offer a small settlement in the hope that you will settle the claim quickly. If you accept the settlement and sign the release forms, it is very difficult, if not impossible, to change your mind later. While you can often handle property damage claims on your own, for personal injury dog bite claims, you may need the expertise of an Iowa personal injury attorney.
Seeking Psychological Treatment for Dog Bite Injuries
When a person is bitten or attacked by a dog, the harm isn't always just to the body. Psychological injuries that require medical care and treatment are common, especially if the dog bite wounds leave permanent scars or disfiguring injuries.
Types of Psychological Treatment
Victims may experience fear and anxiety after a dog bite injury. Counseling can help address emotional injuries such as post-traumatic stress disorder (PTSD). Sometimes medication to combat anxiety or depression may be prescribed. These are costs in addition to the treatment required for physical injuries.
Victims may seek compensation to cover expenses related to physical or psychological treatment and for all damages that address the effects of a permanent disfiguring injury, such as emotional distress or pain and suffering.
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.