- Clive Dog Bite Injury Attorneys
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Dog bites and dog attacks are far more serious than many people realize until they happen. In Clive and throughout Iowa, victims of dog attacks frequently suffer deep wounds, permanent scarring, broken bones, and lasting psychological harm that can affect every dimension of daily life. The legal and financial aftermath of a serious bite can feel just as overwhelming as the physical recovery. Understanding Iowa's dog bite liability law, what compensation is available for disfiguring injuries, and how medical bills should actually be handled while a claim is in progress gives victims the foundation they need to protect their rights and pursue everything they are entitled to recover.
Iowa Dog Bite Liability: What the Law Says About Owner Responsibility
Iowa law establishes clear accountability for dog owners when their animals bite someone. Under Section 351.28 of the Iowa Code, dog owners are generally liable for damages caused by their dogs biting a person, regardless of whether the owner was negligent or had any prior knowledge that the dog might bite. This strict liability standard is important because it means a victim does not need to prove the owner was careless or that the dog had a history of aggression. The bite itself, combined with the owner's ownership of the animal, is sufficient to establish liability in most cases.
There are limited exceptions. If the victim provoked the dog in a cruel manner, the owner's liability may be reduced or eliminated. Another exception applies when the dog has rabies, although if the owner knew the dog had rabies and could have reasonably prevented the injury, that exception may not protect them. Victims should consult with a qualified Clive dog bite attorney to understand how these exceptions may or may not apply to their specific situation and to navigate the full complexity of an Iowa dog bite claim. For more information, review the resource on what steps to take if you are bitten by a dog in Iowa.
The Full Scope of Compensation Available to Clive Dog Bite Victims
Iowa law provides dog bite victims with access to a broad range of compensable damages, covering both the financial and personal consequences of the attack. Understanding every category of available compensation is essential, because settling a claim without accounting for all of them can leave a victim significantly undercompensated for what they have suffered and will continue to endure.
Medical Expenses: Past and Future
All reasonable and necessary medical expenses already incurred because of the dog bite injury are recoverable, and so are future medical expenses that are reasonably certain to result from the injury or from an increased vulnerability to future medical complications. Every form of care and treatment is included, whether hospital stays, physician visits, diagnostic testing, surgery, physical rehabilitation, nursing care, therapy, or pain management. Importantly, a victim can recover the full value of their medical expenses from the responsible party even if health insurance has already paid all or part of the bills.
Lost Wages and Future Loss of Earning Capacity
If the dog bite injury caused the victim to miss time from work, the resulting lost wages are recoverable. This includes not only base wages but also commissions, bonuses, and all other earnings and fringe benefits. The full value of these losses can be recovered even if an employer or disability insurance covered some of the missed earnings during recovery. If the injuries are severe enough to permanently limit the victim's ability to earn, the law also allows recovery for the reduction in earning capacity that is reasonably probable to occur over the remainder of the victim's working years.
Pain and Suffering
One of the most significant elements of a dog bite injury claim is the right to compensation for physical pain and mental anguish the victim has suffered and will continue to endure in the future. These general damages are separate from and may ultimately exceed the value of medical expenses and lost wages combined. The law recognizes that the physical and emotional toll of a serious dog attack reaches far beyond what any medical bill can quantify.
Loss of Full Mind and Body
If the dog bite resulted in any loss of function or use of a part of the body or the mind, compensation is available for that loss as well. These damages are in addition to all other categories of recovery and are designed to address the ways in which the injury has permanently diminished the victim's physical and cognitive capacity.
Disfigurement, Damage to Relationships, and Wrongful Death
When a dog bite causes scarring or other permanent marks that alter a victim's appearance, compensation is available for both the disfigurement itself and the humiliation or embarrassment associated with it. If the injuries are serious enough to damage the victim's relationship with a spouse or child, the law also provides recovery for loss of society, affection, and assistance within those relationships. In the most devastating cases, when a dog attack results in death, wrongful death damages are available to the beneficiaries of the deceased and may include compensation for loss of companionship, comfort, guidance, and the deceased's lost accumulation of value to their estate.
Disfiguring Dog Bite Injuries: Medical Treatment and Permanent Consequences
The Centers for Disease Control and Prevention report that dog bite injuries affect approximately 800,000 people every year in the United States, with injury rates highest among children between the ages of five and nine. Many of these injuries leave lasting marks. When disfigurement occurs, especially on visible areas of the body such as the face, neck, hands, and arms, the consequences extend well beyond the wound itself.
Types of Disfiguring Injuries and Their Treatment
Not all dog bites leave superficial wounds. More serious attacks puncture or tear the skin, causing scarring that can appear raised, jagged, or otherwise unnatural. Visible wounds in prominent locations are generally sutured to minimize scarring. When skin damage is extensive, a skin graft may be required, taking tissue from another part of the body to repair the damaged area. In some cases, orthopedic surgery is necessary to address bone fractures caused by the force of the attack. Reconstructive surgery or cosmetic and plastic surgery may also be required depending on the nature and severity of the injuries. Beyond these physical treatments, infection is a common concern after a dog bite, and vaccinations or other preventive treatments may be administered as a precaution.
The Emotional and Social Impact of Permanent Disfigurement
When disfigurement affects the most visible parts of the body, such as the face, hands, and arms, victims often experience embarrassment and begin to avoid social situations. Research published in the journal Body Image by researchers at the Centre for Appearance Research at the University of the West of England found that people with disfigurements frequently deal with negative self-perceptions and difficulties with social interactions. These challenges can involve spirals of negative emotions such as social anxiety, maladaptive thought patterns including fear of negative social evaluation, unfavorable self-perceptions including lowered self-esteem and a negative body image, and patterns of excessive social avoidance.
The psychological impact can be severe enough to require ongoing professional treatment. Post-traumatic stress disorder and other psychological conditions that follow disfiguring trauma may require treatments including cognitive techniques, psychotherapy, psychosocial interventions, physiotherapy, speech therapy, Eye Movement Desensitization and Reprocessing (EMDR), counseling, lifestyle changes, and medications. The cost of all of these treatments constitutes economic damages that are recoverable as part of a dog bite claim.
Economic and Noneconomic Damages in Disfigurement Cases
In cases involving permanent disfigurement from a dog bite, victims may pursue both economic and noneconomic damages. Economic damages address the direct financial costs: all medical care and treatment received, future surgeries including cosmetic procedures, income lost during recovery, and the cost of any psychological counseling required. Noneconomic damages address the personal consequences of the disfigurement itself, including pain and suffering, mental anguish, and diminished quality of life resulting from the lasting physical and social effects of severe scarring. Both categories deserve full accounting in any dog bite claim, and the combination of the two can result in a substantially higher recovery than many victims initially expect.
Who Pays Your Medical Bills After a Dog Bite in Clive?
One of the most pressing practical questions for any dog bite victim is who will actually pay their medical bills while the claim is being resolved. This is a critical issue because, in personal injury cases including dog bites, the responsible party's insurance company is not required to pay medical bills as they are incurred. Even when liability appears clear, insurers routinely make payments only at the time of a final settlement, when they can obtain a signed release from the victim. Counting on the dog owner's homeowner's insurance to cover bills as they come in is a mistake that can leave victims in serious financial difficulty.
Sources to Cover Medical Bills While Your Claim Is Pending
The most reliable way to ensure that medical bills are paid while a dog bite claim is being pursued is to use available personal insurance coverage. The following sources may apply depending on the victim's situation:
- Health insurance from an employer-provided benefits package
- Individually purchased personal health insurance
- Health insurance obtained through a spouse's employer or through a parent's policy for dependents still living at home
- Coverage available through Healthcare.gov or Medicaid for victims who are not insured under a private plan
- Personal funds, if the victim is uninsured and able to pay bills as they are incurred
If funds are insufficient to cover mounting medical bills, a dog bite attorney can help facilitate assignments that authorize the law firm to pay medical providers directly from any eventual settlement or verdict. This arrangement typically satisfies healthcare providers and allows them to wait for payment at the time of settlement rather than pursuing collection against the victim in the meantime.
Understanding Subrogation: What It Means for Your Settlement
Dog bite victims whose medical bills are paid by their health insurer should be aware that nearly all insurance policies contain a subrogation provision. Subrogation means that the health insurance company has the right to be reimbursed for what it paid if the victim later recovers money from the responsible party. Failing to account for subrogation correctly when settling a dog bite claim can result in the victim being required to pay back the health insurer out of their own settlement proceeds. A qualified Clive dog bite attorney will address subrogation as part of the settlement process and work to reduce reimbursement obligations wherever possible.
When to Contact Clive 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.