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Should You Handle Your Iowa Dog Bite Claim Without an Attorney/Lawyer?

The answer is "yes", sometimes it can be a good idea to handle your dog bite case without a lawyer. For example, if your total medical expenses are less than $5,000 (this means the total medical bills paid by your insurance company, the bills paid by you and the bills that are unpaid) and you do not have a permanent injury such as scarring it may be in your best interests to try to settle the case on your own. In fact, our office does not accept dog bite cases if the person has less than $5,000 in total medical expenses, unless there are permanent injuries like scarring, ongoing medical or emotional problems. If you decide to proceed in your dog bite case without an attorney there are 3 things that you should know.

1. Negotiating with the insurance adjustor is an important part of resolving a dog bite claim and here are some pointers. You should prepare before speaking with the insurance adjustor and know your facts. Also, you should have a confident, but polite attitude with the insurance adjustor. For example, it is unlikely that threatening to go to the insurance adjustor's boss will help your case. Do no interrupt the adjustor, but instead listen to what is being said and ask questions about their positions. Even if the insurance adjustor makes a ridiculously low offer, do not lose your temper or show emotion as that will likely damage your case.

2. As part of preparing to negotiate with the insurance adjustor you should know what medical care and treatment you have had and the amount of your medical bills including the total amount. For example, if you have $4,000 in medical bills and the insurance adjustor offers you $4,500, you can ask the adjustor if they really think a judge or jury will only give you $500 for the loss of quality of life.

3. You should know that the medical bills were paid by health insurance, the health insurance company or plan will want to be reimbursed in full out of any recovery. Your health insurance turns out to be not insurance at all, but rather a loan that has to be paid back. The laws in some states, including Iowa, generally allow a deduction for attorney fees and costs if you hire an attorney which can result in more money in your pocket. However, we have seen cases where the insurance companies hired lawyers to make the claims for full reimbursement for them. Also, what they don't tell you is that this area of law, known as "reimbursement or subrogation" can be quite complicated and is sometimes governed by a federal law called ERISA (The Employee Retirement Income Security Act of 1974). If you are handling the case on your own, you should understand the implications of ERISA on your case and who will being paying back your health insurance company.

4. Under Iowa law in cases involving minors in which the settlement is $25,000 or more a Conservatorship will need to be opened and the settlement approved by the court. Therefore, before you agree to accept a settlement in which you will need to hire an attorney anyway, it may be in your best interests to tell the insurance adjustor that you will think about it and then have an attorney review the settlement before agreeing to it. Once you agree to accept a settlement even in a phone conversation in which you have not signed forms, the insurance company may attempt to enforce the settlement because an oral contract is just as valid as a written contract.



For more information about Iowa dog bites including · 6 Things to Know Before Talking to the Insurance Adjustor, Forms or Hiring a Lawyer · 10 Myths about Dog bites and much more click on the dog bite book, go to http://www.DogBiteBook.com or Call Now 1-800-707-2552, ext. 813 (24 Hour Message). Why offer a Free Book? Since 1997 Iowa Personal Injury Attorney Corey Walker has represented hundreds of injured Iowans including many who were injured in dog bites and attacks from Des Moines, Newton, Oskaloosa, Ottumwa, Iowa City, Grinnell, Pella, Knoxville and from throughout the state of Iowa. He has seen too many clients make mistakes before they had the "right" information resulting in them losing thousands of dollars. Finally, you can learn about dog bites in the comfort of your own home with no risk or obligation. However, quantities are limited so to learn how to avoid costly mistakes request your copy of Corey's Iowa dog bite book now while supplies last.