- Audubon Dog Bite Injury Attorneys
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Being attacked by a dog is a horrible experience that often leaves an Audubon victim feeling scared and confused. When you are injured as a result of an attack, avoiding a handful of common but preventable mistakes can make the difference between recovering for your injuries or being mistreated by the insurance company.
At Walker, Billingsley & Bair, our Audubon dog bite attorneys help injured victims understand the mistakes that can hurt a claim, why hiring an attorney matters, and what to expect once a case is settled. Below, we walk through each of these topics in detail.
Preventable Mistakes Audubon Dog Bite Victims Make With Doctors
The victim is always responsible for proving that he or she was injured. Insurance companies and juries often believe that if you are not hurt badly enough to seek immediate medical attention, then you are not hurt badly enough to deserve compensation. Avoiding the following mistakes can protect your claim from the very beginning.
Failing to Seek Immediate Medical Attention
Do not ignore signs of pain, even small ones. See a doctor as soon as possible, since minor injuries can always get worse. You do not want the insurance company's lawyer telling a jury that you did not even see a doctor until weeks after being bitten.
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 when answering these questions. Concealing prior injury or sickness from your doctor will hurt your legal case, since all of your prior medical records will eventually be available to the insurance company and their lawyer. The same advice goes for describing the accident 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 it, how long you continued to report it, and how severe it was. One effective way to help your specific pain and limitations make their way into a busy doctor's chart is to write it out beforehand and give it to the doctor at your office visit. Do not exaggerate your pain, since doctors are trained to notice inconsistencies, and an office note that does not match your description can hurt your case.
Understanding the Pain Scale
During your course of treatment, it is likely that a doctor or physical therapist will ask you to rate your pain on a scale of one to ten, with ten being the highest. A ten would represent your worst imaginable pain, such as being tortured or operated on without anesthesia. Very few people have suffered pain worse than a seven or eight during their lifetime, which is worth keeping in mind when answering questions about your pain level.
Missing or Showing Up Late for Appointments
When you skip a medical appointment, your record simply notes that you did not show. Excuses, no matter how valid, usually do not make it into the record. More than one or two missed appointments could make it look like you were not committed to getting better, and skipping appointments can irritate your doctor, which does not make for a good witness. If you need to cancel, call well in advance and reschedule.
Failing to Report How the Injury Affects Your Work
Insurance companies and juries need proof that your injury affects your ability to work. If your injury is affecting your work, it is important to 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
There is a reason doctors prescribe a particular medication for a particular period of time. Follow your doctor's recommendation until told otherwise. If a medication is causing side effects, say so, since your doctor can usually switch you to another option. Do not put yourself in the position of having to admit you chose not to follow your doctor's advice, since this 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. They also believe significant gaps between treatments suggest a new, unrelated injury. If your injury is affecting your ability to function, seek treatment until you are healed or your doctor tells you there is nothing more that can be done. If you are told to come back as needed, ask how long you should wait to call if you continue to have pain and disability.
Talking With Your Doctor About Your Lawsuit
A doctor's job is to focus on your medical condition, and sharing your legal issues or concerns with a medical provider should be avoided. Most doctors do not want to be involved in your legal matter, and telling a doctor that the injury they are treating is the subject of a lawsuit could impact their willingness to provide treatment or reach important conclusions. You must tell the doctor how you were injured, and you must be honest if asked whether you have an attorney. Keep in mind that whatever you say to your doctor is not confidential once you bring a claim for personal injuries.
Failing to Follow Treatment for Depression or Anxiety
Pain and disability can trigger depression and anxiety, and these psychological conditions are just as real as broken bones. A person who causes another person physical injury is also responsible for resulting psychological conditions. Insurance companies and juries usually only compensate victims of 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. Keep track of doctor orders, treatment referrals, and work excuses or restrictions. Keeping a file of all materials provided to you by health care providers and insurance companies will ensure you can give your attorney everything needed at the appropriate time.
When You Need a Dog Bite Lawyer in Audubon
After a serious dog attack, an Audubon victim may face hospitalization, surgery, and extensive time off from work. While you focus on recovering, a dog bite lawyer can fight for your rights. A lawyer who is a good fit for your case should know the pros and cons of Iowa dog bite law and take the time to explain your legal options.
When you attempt to handle a dog attack case on your own, you may spur resentment, which can be worsened by not knowing what needs to be said to settle your claim fairly and efficiently. It is not uncommon for a victim to make accusations that are not necessary under Iowa dog bite law. With the guidance of a dog bite lawyer, the victim can leave all accusations up to the attorney, which can make matters less stressful. A shrewd attorney will not confront the dog owner, try to make them feel guilty, or threaten to have the animal euthanized unless it is absolutely necessary, and even then would first seek your permission. If you prefer a gentle approach, especially if the dog belonged to a neighbor and you do not want litigation to ruin the friendship, that is how your case can be handled.
Considering Future Medical Care
Another benefit of hiring an Iowa dog bite attorney is that you may face additional medical care in the future, or treatment for scarring or disfigurement, for which you may be compensated. An attorney will not just address your current medical bills, but will also consider future ones, such as plastic surgery. If your injuries were severe, you may need several surgeries, long-term physical therapy, or rehabilitation, and an attorney can help make sure all of these potential future expenses are taken into account.
Recovering Lost Wages and Addressing Scarring
With injuries often comes additional missed time from work, and you could be entitled to compensation for that as well. An attorney can help calculate financial losses to be considered in your claim. The emotional trauma of a disfiguring injury can also be devastating. If there is scarring to the face, hands, arms, or legs, its visibility can be a painful reminder that lasts a lifetime. Compensation could be available that addresses scarring, and a good attorney will ensure this is part of your claim while working to make sure the full value of your case is addressed.
After Your Dog Bite Case Has Been Settled
Once your claim is paid, the dog's owners may be relieved that their insurance company did all the work, and any initial anger may dissipate. They may even come to understand that your reason for hiring an attorney was to get a fair settlement, not to hurt anyone. Keep in mind that hiring a dog bite lawyer is not the same thing as filing a lawsuit. Sometimes you need an attorney to present your case to the insurance company so it can be resolved outside of a courtroom. By hiring an attorney, you have a much better chance of obtaining a fair and full settlement.
Why You Need to Hire a Dog Bite Lawyer in Audubon
If you have suffered a dog bite injury in Audubon, hiring a dog bite lawyer will help ensure you receive fair compensation for your damages. A dog bite attorney can advocate for your rights and help you obtain compensation for your medical expenses, pain and suffering, and lost wages. If you try to handle a dog bite case without the guidance of an attorney, you risk minimizing the value of your claim.
Understanding Iowa Dog Bite Law
Navigating Iowa's dog bite law can be complex, especially when dealing with severe injuries. A knowledgeable attorney can provide insight into how the law applies to your case and guide you through the legal process.
Maximizing Compensation
An experienced dog bite lawyer can thoroughly assess your claim, considering past cases, medical evidence, and the specifics of Iowa dog bite law. This evaluation helps ensure you receive compensation not only for current medical expenses but also for future costs related to your injury.
Recovering Lost Wages and Loss of Earning Capacity
If your injuries result in time off work, an attorney can assist in pursuing compensation for lost wages, helping gather evidence such as proof of missed work time and fringe benefits. In cases where injuries lead to disfigurement or affect your ability to work in the future, an attorney can also help calculate loss of earning capacity by assessing how your injuries will impact your ability to earn income over time.
Navigating Legal Challenges
Handling a dog bite case without legal guidance risks undervaluing your claim. An attorney's negotiation skills can lead to a fair settlement, potentially avoiding lengthy court proceedings. They can also handle interactions with insurance companies, gather evidence, and enlist expert opinions to strengthen your case.
Determining If You Need an Attorney
While minor injuries may not require legal representation, severe injuries such as permanent scarring or psychological trauma warrant consideration of hiring an attorney. An attorney can prevent costly mistakes, increase the value of your case, and manage insurance claims on your behalf, relieving you of the burden of dealing with legal complexities. If you were attacked by a dog belonging to a relative or friend, you may be apprehensive about filing a claim. Having an attorney can help you avoid any uncomfortable confrontations.
When to Contact Audubon Dog Bite Lawyers
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.