Peosta Dog Bite Injury Attorneys

Dog bite injury lawyers become crucial allies for those injured by dogs. Their expertise in animal-related legal matters allows them to effectively handle liability and compensation complexities, securing justice and proper aid.

Do I Need Evidence for a Dog Bite Claim? If So, What Kind?

In Iowa, dog bite claims are governed by a strict liability statute. This means that the owner of a dog is liable for all damages caused by their dog unless the victim was performing an illegal act at the time of the attack. However, while statutory law simplifies the process somewhat, evidence is still crucial, especially under common law. Here's a detailed overview of the evidence you will need for a dog bite claim in Iowa.

Evidence Necessary Under Statutory Law

When pursuing a dog bite claim under statutory law, the evidence required is relatively straightforward. You will need to prove the following:

1. Identification of the Dog: Prove that the dog in question is the one that bit you.
2. Injury Documentation: Provide evidence that you suffered injuries as a result of the bite or attack.
3. Legal Conduct: Show that you were not engaging in any illegal activities at the time of the bite or attack.

These are the primary elements you need to establish for a claim under statutory law. Beyond these, there is relatively little else required.

Evidence Necessary Under Case Law

If you seek to recover damages under common law, or case law, you must establish the negligence of the dog owner. Proving negligence can potentially increase the amount of damages you receive, including compensation for pain and suffering. To establish negligence, you will need to prove the following:

1. Knowledge of Danger: The owner knew or should have known that the dog was dangerous.
2. Failure to Act: The owner failed to take appropriate action to prevent the dog bite or attack.
3. Causal Link: The dangerous dog bit or attacked you, and you suffered injuries as a result.

Examples of negligence include an owner failing to restrain a dog known to have rabies or a history of biting. If you can prove these elements, you may be eligible to recover damages for the full extent of your injuries.

Additional Considerations

Truthfulness and Record-Keeping

When dealing with insurance companies or in court, it is crucial to be truthful. Any discrepancies can harm your credibility. Keep detailed records of all interactions, injuries, medical treatments, and any other relevant information. This includes maintaining a diary of conversations with insurance adjusters and documenting your damages thoroughly.

Medical Records and Doctor Visits

Medical documentation is vital. Keep track of all medical visits, bills, and any time missed from work. Ensure that your doctors' records accurately reflect your injuries and ongoing symptoms. If you delay reporting symptoms, insurance companies may argue that these issues are unrelated to the dog bite.

Dealing with Insurance Adjusters

Insurance adjusters are trained to minimize payouts. Be cautious with your statements and consider consulting an attorney before accepting any settlement offers. Early settlements can be tempting but may not cover the full extent of your injuries and future medical needs.

Special Considerations

Trespassing and Liability

Under Iowa law, a dog owner’s liability may be affected if the bite victim was trespassing. Trespassing is defined as entering a property without justification after being warned not to enter, or without the owner's permission. However, implied invitations exist for common activities like selling door-to-door or retrieving lost property.

If a bite victim was trespassing, the owner might not be liable. Conversely, if the victim had a lawful reason to be on the property and was bitten, the owner could be liable. It is crucial to discuss your specific situation with an attorney, as these cases can vary significantly.

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.