Some dogs, without provocation, may attack an undeserving victim. When a dog attack occurs, the victim is at risk of sustaining a number of serious and debilitating injuries. One of the injuries a victim may sustain are broken bones from a dog bite.
If you’ve suffered fractures as a result of a dog attack, you may be able to recover compensation for medical care. If you need help understanding your options or taking legal action, an attorney can help.
Types of Broken Bones from a Dog Attack
Depending upon the severity of the attack, the broken bones can range greatly. In some cases, multiple bones may be broken. Sometimes, a break may be minor and easy to correct, while other times a break can be severe and require surgery and rehabilitation.
Bones that may be broken during a dog attack include bones in the legs, arms, face (broken nose, for example), hips, ribs, and even a skull fracture. Some broken bones, such as a skull fracture that affects the brain, may cause permanent impairment for the individual attacked.
Iowa Dog Bite Law Allows You to Recover Compensation
According to Iowa State Statute Section 351.28, a dog owner is almost always liable for any harm that his or her dog causes to another person. According to the law, “the owner of a dog shall be liable to an injured party for all damages done by the dog…[if] the dog is attacking or attempting to bite a person…”
One exception to this rule is if the victim is doing something unlawful at the time of the dog bite or attack that directly contributes to the injury. For example, the dog bite liability law may not protect a person who is trespassing on another’s property at the time of attack.
Additionally, the law does not apply to dogs suffering from hydrophobia (rabies). The only time that a dog owner would be held liable for an attack by their rabid dog is in the case that the owner knew of the rabies, yet did not exercise the reasonable amount of care required to prevent the dog attack from occurring.
Damages Available Under Iowa Dog Bite Law
The dog bite liability standard mentioned above applies to all damages. This means that a person who has suffered from broken bones from a dog bite can recover all necessary damages for medical care.
- Initial care and examinations
- Imaging procedures like X-rays
There is no cap on either economic or non-economic damages in the state of Iowa. This means that a person who has been attacked by a dog has no limit on the amount of financial damages he or she can recover. In order to reclaim damages, however, a claim for benefits must be filed within two years of the attack. If the claim is not filed within two years, a victim’s right to benefits is forfeited.
In addition to recovering economic damages for medical expenses, a victim of a dog bite attack may also be able to recover damages for the following.
- Lost wages
- Future lost wages
- Disfigurement and emotional suffering (for those who have suffered from severe broken bone injuries, disfigurement and emotional damages may be recoverable)
How a Dog Bite Attorney Can Help You
Filing a claim for damages is a legal process, and a thorough understanding of the law is beneficial. Walker, Billingsley & Bair can help can assist you in filing your claim, gathering documentation of your injuries, and getting you the full amount of benefits that you deserve. Our attorneys are committed to making sure you get the full amount of medical benefits you need to get treatment for your broken bone injuries. Get in touch with us today for legal help at 888-435-9886 or use our online contact form.