Lake City Dog Bite Injury Attorneys

Being attacked by a dog is a frightening experience that often leaves victims feeling scared and confused about what to do next. Between misconceptions about how the claims process works and easy-to-make mistakes with medical treatment, it is easy for a Lake City dog bite victim to unintentionally damage their own case. The Lake City dog bite attorneys at Walker, Billingsley & Bair want local residents to understand Iowa's dog bite law, the common myths surrounding these claims, and the mistakes to avoid when dealing with doctors after an attack.

Iowa Dog Bite Law and Common Myths

Beginning in 1862, the Iowa Legislature passed the first law holding dog owners liable for injuries caused by their dog. Since that time, the law has changed several times, but the current law provides that the owner of a dog shall be liable to an injured party for all damages done by the dog attacking or attempting to bite a person, except when the injured party is doing an unlawful act, such as a burglar breaking into a home. This is a lower standard than other personal injury cases, where a victim typically has to prove negligence or recklessness.

There are many myths and misconceptions about what to do if you or a loved one are injured by a dog near Lake City.

Myth: The Insurance Adjuster Is There to Help You

The insurance adjuster works for the dog owner and their insurance company and has no duty to protect your rights or even tell you what the law is. Just because you are reasonable with the insurance adjuster does not mean the adjuster will be reasonable with you. They are trained to pay you as little for your claim as possible, and sometimes this means intentionally frustrating you in hopes that you will give up and go away. If you decide to handle your case on your own, do not lose your temper or make threats to the adjuster. Showing emotion will never convince the insurance company to offer more money, and in the eyes of the adjuster it simply signals a short temper that will not help your case.

Myth: You Have to Give the Adjuster a Recorded Statement

An insurance adjuster will often ask you to provide a recorded statement, and may even tell you that you must give one before they will consider your claim. While this can be true for a claim against your own insurance company, you are not legally required to give a statement to the insurance adjuster in a dog bite case. The reason they want the recorded statement is so they can ask you questions before you are prepared to answer them. For example, the adjuster may ask if you have ever had back pain before, and an immediate "no" can create a real problem if your medical records later show otherwise, since credibility matters greatly in these cases. A single wrong answer to a question you are not prepared for can cost you thousands of dollars.

Myth: Any Attorney Who Advertises Personal Injury Cases Is Qualified

Any Iowa attorney can advertise that they handle personal injury cases, even if they have never handled a single one. Iowa's personal injury laws are far too complex for someone without knowledge and experience to represent someone seriously injured, so only a qualified attorney can make sure your rights are protected and that you are treated fairly. When searching for an attorney, look at what results they have obtained for past clients and what those clients have to say. Don't accept "all my cases are confidential" as an answer. If an attorney has a proven track record and satisfied past clients, chances are they are qualified to represent you.

Mistakes to Avoid When Dealing With Doctors After a Dog Bite Near Lake City

When you are injured in a dog attack, you should avoid making one of several common but preventable mistakes. Making these mistakes can be the difference between recovering for your injuries or being mistreated by the insurance company.

Failing to Seek Immediate Medical Attention

The victim is always responsible for proving they were injured. Insurance companies and juries often believe that if you were not hurt badly enough to seek immediate medical attention, then you are not hurt badly enough to deserve compensation. Do not ignore signs of pain, even small ones, and see a doctor as soon as possible, since minor injuries can always get worse.

Not Disclosing the Whole Truth

A health care provider will usually ask if you had any injury or sickness before your current problem. Doctors use your past medical history to diagnose and treat you, so it is important to be honest. Concealing prior injury or sickness from your doctor will hurt your legal case, since your prior medical records will eventually be available to the insurance company and their lawyer. The same advice applies to describing the attack itself. Tell the truth, since the insurance company's lawyer will attack your credibility with anything they can find.

Failing to Get Your Pain Accurately Documented

Insurance companies and juries will not believe you are in pain just because you say so. They need to read about your pain in your medical records, including how soon you reported pain after the injury, how long you continued reporting it, and how severe it was. Writing your specific pain and limitations out beforehand and giving that note to the doctor at your appointment can help ensure it makes it into your chart. Do not exaggerate your pain, since doctors are trained to look for inconsistencies, and describing your pain as unbearable while sitting comfortably during an exam can lead to a negative note in your record.

Missing or Showing Up Late for Appointments

The insurance company, its lawyers, and perhaps even a jury will see your medical records. When you skip an appointment, your record simply shows that you did not show, and excuses usually do not make it into the record. More than one or two missed appointments can make it look like you were not committed to getting better, and skipping or arriving late can also irritate your doctor. If you need to cancel, call well in advance and reschedule.

Failing to Inform Your Doctor If Your Injury Is Affecting Your Ability to Work

Insurance companies and juries need proof that your injury affects your ability to work. If it is affecting your ability to work, tell your health care provider, since work problems caused by an injury may be treatable and should be noted in your medical records.

Not Taking Medications as Prescribed

Doctors prescribe a particular type of medication for a particular time period for a reason, and you should follow that recommendation until told otherwise. If a medication is causing side effects, say so, since your doctor can usually switch you to another one. Choosing not to follow your doctor's advice can be devastating to your claim.

Stopping Medical Treatment Too Soon

Insurance companies and juries often believe that if a person stops seeking treatment, the injury must be healed, and that significant gaps between treatments suggest a new, unrelated injury. If your injury is still affecting your ability to function, continue treatment until you are healed or a doctor tells you nothing more can be done.

Talking With Your Doctor About Lawsuits or Legal Advice

A doctor's job is to focus on your medical condition, and they do not need to know about your lawsuit or your attorney to do that job. Sharing legal issues with a medical provider should be avoided, though you must tell the doctor how you were injured, for example that you were bitten by a dog on a specific date. Remember that whatever you say to your doctor or other medical providers is not confidential once you bring a claim for personal injuries.

Failing to Follow Treatment Recommendations for Depression or Anxiety

Pain and disability can trigger depression and anxiety, and these psychological conditions are just as real as broken bones. They cannot be overcome without appropriate treatment. Insurance companies and juries usually only compensate victims for injury-related depression and anxiety when those conditions are properly diagnosed and treated by medical professionals.

Failing to Keep a File

It is important that your attorney knows every medical care provider you see after an injury, and that you keep track of all doctor orders, treatment referrals, and work excuses or restrictions. Keeping a file of all materials from health care providers and insurance companies ensures you can provide the necessary information to your attorney at the appropriate time.