- Madrid Dog Bite Injury Attorneys
- Phone: 641-792-3595
- Directions
In cases of dog-related injuries, dog bite attorneys provide vital support to victims. Specializing in animal law, they navigate the complexities of liability and compensation to achieve justice and support for the injured.
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.”
Physical Effects of a Dog Bite on Children
Children are the most frequent victims of dog bites in the United States. According to statistics from the Centers for Disease Control and Prevention (CDC), every day, there are close to 4.5 million dog bites in the United States, and about half of these bites involve children. The ages that receive the most dog bites are children between five and nine.
A dog bite is frightening enough for a Madrid adult. However, the trauma is increased tenfold for a child because of the dog’s similar size. The months or even years, after a dog bite are marked by physical problems, emotional upheaval, and can even include long-term psychological effects.
When a dog bites a child, these are some of the most common injuries:
- Ripped scalp
- Torn ears
- Injuries to the mouth
- Eye injuries
Even when these injuries appear to have healed, they may leave behind long-term damage. For instance, a severed nerve can result in weak facial muscles that can give the face a ‘drooping’ look or impede facial expressions. Scarring is another long-term physical effect of a dog bite injury. A dog bite can inflict deep wounds that injure not just the upper layer of the skin but also go deep down into the flesh and bone. When these wounds heal, they leave behind scars that are bumpy and disfiguring. Reconstructive surgery can help restore the appearance of the child to some extent, but some scarring may remain even after multiple surgeries.
Other types of facial injuries that involve the skin and the bones may also cause some amount of disfigurement, as the child continues to grow. For instance, the child may lose facial symmetry.
Emotional Consequences of a Dog Bite on Children
While a child may learn to live with the physical effects of a dog bite, the emotional consequences can continue to trouble him or her for years to come. For an entire book on dog bites, we offer a free eBook, Iowa Consumers’ Guide to Dog Bites, Attacks and Injuries.
Research on children who have suffered a dog bite reported by the American Academy of Child & Adolescent Psychology indicates the appearance of a number of long-term emotional reactions to the attack:
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.