Ida Grove Dog Bite Injury Attorneys

Dog bite attorneys become invaluable advocates for victims when a dog inflicts injury. Their deep understanding of animal-related legal matters enables them to adeptly handle liability and compensation issues to secure justice and aid for those harmed.

Recovering Damages and Liability after a Dog Bite in Iowa

Dog bites can result in severe physical injuries, emotional trauma, and financial burdens for victims. In Iowa, understanding the legal aspects of recovering damages after a dog bite is crucial for victims to ensure they receive the compensation they deserve.

Liability of Dog Owners under Iowa Law

According to Section 351.28 of the Iowa Code, dog owners are generally liable for damages caused by their dogs biting someone, regardless of the owner's negligence. However, exceptions exist, such as if the victim provoked the dog in a cruel manner or if the dog has rabies. An exception to this is if the owner knew that the dog had rabies and may have been able to prevent the injury through reasonable effort. Victims should be aware of their rights under Iowa law and seek legal guidance to navigate the complexities of dog bite cases.

Types of Dog Bite Compensation

In Iowa, victims of dog bites may be entitled to various types of compensation, including:

Medical Expenses

The cost of all reasonable and necessary medical expenses incurred and that are reasonably certain to be incurred in the future because of your injury are recoverable. These expenses include past (already-incurred) medical expenses and also future medical expenses, which may be caused by the original injury or that result from an increased susceptibility to future injury. All forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation, or pain management are included. You can recover the full value of your medical expenses from the responsible party even if your health insurer has paid all or part of your bills.

Lost Wages (Loss of Earnings)

You are also entitled to recover your lost wages (a/k/a loss of earnings) caused by your injuries. Wages, commissions, bonuses, and all other earnings and fringe benefits are recoverable. You can recover the full value of your lost wages even if your employer or disability insurance has paid all or part of them.

Future Loss of Earnings

If your injuries permanently limit your ability to earn, you can recover the value of the reduction in earning capacity with a reasonable probability that will occur in the future. These damages compensate you for your lost earning power over the remainder of your working years.

Pain and Suffering

Ordinarily, the most “valuable” element of your bodily injury claim is the right to compensation for physical pain and mental anguish you have suffered and will endure in the future because of your injury. These general damages are in addition to and may be far more than the amount of your lost earnings and medical expenses.

Loss of Full Mind and Body

This part of your bodily injury claim is designed to reimburse you for any loss of function or use of your body or mind. These damages are in addition to your other damages described above.

Disfigurement

If the injury causes scarring or other unsightly marks, you are entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement.

Damage To The Child or Marital Relationship

Serious injuries to a spouse or child may cause damage to the relationship. If this occurs, you are entitled to recover for the loss of society, affection, and assistance of your child or spouse.

Death

Damages for “wrongful death” are available to the beneficiaries (often the wife, husband, parent, or child) of the deceased person. Sometimes, persons related by blood or marriage, who were dependent upon the deceased, may also recover. Damages are not limited to economic loss and may include damages for loss of consortium which the law defines as loss of companionship, comfort, guidance, affection, and aid to the relationship, general usefulness, industry, and attention within the home and family. Damages are also available for the deceased’s lost accumulation of value to his/her Estate.

These compensations aim to cover the various impacts of dog bite injuries on the victim's life, ensuring they receive adequate support during their recovery.

The Effects of Dog Bite Disfigurement

When someone is disfigured from a dog bite – particularly if it affects the most visible areas of the body, such as the face, hands, and arms – the victim might feel embarrassment and avoid social situations. Disfigurement can cause victims to become self-conscious. The injured person might receive stares and frequently may field questions about their disfigurement. As such, victims might feel alienated and may experience varying degrees of social impairment.

In 2003, researchers at the Centre for Appearance Research at the University of the West of England published a report in the journal Body Image explaining that people with disfigurements often have negative self-perceptions and difficulties with social interactions. This may “frequently involve spirals of negative emotions (e.g., social anxiety), maladaptive thought processes (e.g., fear of negative social evaluation), unfavorable self-perceptions (e.g., lowered self-esteem and unfavorable body image), and negative behavior patterns (e.g., excessive social avoidance).”

Treatments for Emotional Injuries Related to Dog Bite Disfigurement

Disfiguring injuries from a dog bite can lead to post-traumatic stress disorder and other psychological and emotional disorders that require ongoing treatments. Treatments may include the following:
- Cognitive techniques
- Psychotherapy
- Psychosocial interventions
- Physiotherapy
- Speech therapy
- EMDR (Eye Movement Desensitization and Reprocessing)
- Counseling
- Lifestyle changes
- Medications

“Survivors of physically disfiguring trauma, regardless of the cause, have experienced a series of assaults on the mind as well as on the body that present extraordinary challenges to human resilience,” explains Patricia Blakeney, Ph.D., and Daniel Creson, M.D., Ph.D., in a 2002 report in The Journal of ERW and Mine Action. They later explain, “They must find new identities to fit new body images. Whether for young children or for adults, this process is complex and arduous.”

Filing a Dog Bite Claim in Iowa

If you or your child suffered a dog bite attack in Iowa, you might be eligible to file a claim to recover damages, depending upon the circumstances of the incident. If you can substantiate your case, you might be able to receive financial compensation for any or all of these needs:
- Medical bills
- Lost wages
- Pain and suffering
- Scarring and disfigurement
- Attack-related emotional disorders
- Mental anguish

Proving that the dog owner is responsible for your losses can be challenging, but it’s accomplishable with the help of an attorney who has experience with Iowa dog bite laws. Call Walker, Billingsley & Bair for assistance. Contact us today for a FREE legal consultation at (641) 792-3595.

Challenges to a Dog Bite Claim and How to Address Them

Usually, an injury from a dog attack is nothing more serious than some broken skin that is easily taken care of with a bit of antiseptic and a bandage. However, in extreme cases, a dog bite or attack in Iowa can cause severe injuries. Deep lacerations, tendon damage, nerve damage, rabies, and even death can all result from a vicious dog attack. These injuries can result in enormous medical bills, time off from work, and intense pain and suffering. If you're pursuing a dog bite claim after an attack, prepare yourself for challenges from the dog owner. Ask yourself the following questions:

What Does the Law Say About Liability?

The law in Iowa is very clear when it comes to the liability of dog owners. According to Iowa Code 351.28, “The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury.” Thus, unless the dog bite victim is doing something unlawful, the dog owner is liable for the injuries. This leads some defendants to argue that the plaintiff was, in fact, doing something unlawful at the time, and it contributed to the attack.

Were You Trespassing on the Dog Owner's Property?

Many dog owners believe if you were “trespassing,” they are not responsible for the dog’s actions, but this

 may not be the case. The law states that an owner may not be liable if the victim was doing something unlawful and that it contributed to the bite. So if someone trespassed by hopping a fence and scared the dog, this might be grounds for the dog owner to challenge his or her liability. But if your trespassing did not contribute to the injury, then the dog owner still may be liable for damages.

Was the Dog Provoked?

This is the defense of many dog owners, and in some cases, the dog may have been provoked. For example, a teenager may pull a dog's tail or start chasing the dog into a corner. In this case, the dog owner may challenge his or her liability successfully in the dog bite claim. But the parties may have different ideas of what constitutes provoking the dog. A child inadvertently may provoke a dog, or an adult may have been playing too rough, for example. Talk to an attorney about the particulars of your case.

Does the Dog Have Rabies?

Owners are generally not liable for bites if the dog had rabies and the owner did not know or reasonably could not be expected to know, the dog had rabies. In these cases, though, if you can prove the dog owner was negligent – for example, leaving a gate open, allowing a child access to the backyard while the dog is outside – then the dog owner may be liable.

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.