- Coralville Dog Bite Injury Attorneys
- Phone: 641-792-3595
- Directions
When a dog attack results in injury, dog bite injury lawyers are trusted allies for the victims. These legal experts handle the intricate aspects of liability and compensation, striving to secure justice and assistance for those harmed.
Dog bites can result in severe physical injuries, emotional trauma, and financial burdens for victims. In Iowa, understanding the legal aspects of recovering damages after a dog bite is crucial for victims to ensure they receive the compensation they deserve.
Liability of Dog Owners under Iowa Law
According to Section 351.28 of the Iowa Code, dog owners are generally liable for damages caused by their dogs biting someone, regardless of the owner's negligence. However, exceptions exist, such as if the victim provoked the dog in a cruel manner or if the dog has rabies. An exception to this is if the owner knew that the dog had rabies and may have been able to prevent the injury through reasonable effort.
Victims should be aware of their rights under Iowa law and seek legal guidance to navigate the complexities of dog bite cases.
Types of Dog Bite Compensation
In Iowa, victims of dog bites may be entitled to various types of compensation, including:
Medical Expenses
The cost of all reasonable and necessary medical expenses incurred and those reasonably certain to be incurred in the future because of the injury are recoverable. These expenses include past medical expenses and future medical expenses caused by the original injury or that result from an increased susceptibility to future injury.
All forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation, or pain management, are included. You can recover the full value of your medical expenses from the responsible party even if your health insurer has paid all or part of your bills.
Lost Wages (Loss of Earnings)
You are also entitled to recover your lost wages caused by your injuries. Wages, commissions, bonuses, and all other earnings and fringe benefits are recoverable. You can recover the full value of your lost wages even if your employer or disability insurance has paid all or part of them.
Future Loss of Earnings
If your injuries permanently limit your ability to earn, you can recover the value of the reduction in earning capacity with a reasonable probability that it will occur in the future. These damages compensate you for your lost earning power over the remainder of your working years.
Pain and Suffering
The most valuable element of a bodily injury claim is the right to compensation for physical pain and mental anguish suffered and endured in the future because of the injury. These general damages are in addition to and may be far more than the amount of your lost earnings and medical expenses.
Loss of Full Mind and Body
This part of your bodily injury claim is designed to reimburse you for any loss of function or use of your body or mind. These damages are in addition to your other damages described above.
Disfigurement
If the injury causes scarring or other unsightly marks, you are entitled to recover for the disfigurement and the humiliation or embarrassment associated with it.
Damage to the Child or Marital Relationship
Serious injuries to a spouse or child may cause damage to the relationship. If this occurs, you are entitled to recover for the loss of society, affection, and assistance of your child or spouse.
Death
Damages for “wrongful death” are available to the beneficiaries (often the spouse, parent, or child) of the deceased person. Sometimes, persons related by blood or marriage, who were dependent upon the deceased, may also recover.
Damages are not limited to economic loss and may include damages for loss of consortium, which the law defines as loss of companionship, comfort, guidance, affection, and aid to the relationship, general usefulness, industry, and attention within the home and family. Damages are also available for the deceased’s lost accumulation of value to their estate.
These compensations aim to cover the various impacts of dog bite injuries on the victim's life, ensuring they receive adequate support during their recovery.
The Effects of Dog Bite Disfigurement
Disfigurement from a dog bite can be particularly devastating when it affects visible areas of the body, such as the face, hands, and arms. Victims may feel embarrassment and avoid social situations due to self-consciousness about their appearance. Disfigurement can lead to social anxiety, negative self-perceptions, and social avoidance.
In 2003, researchers at the Centre for Appearance Research at the University of the West of England published a report in the journal *Body Image* explaining that people with disfigurements often have negative self-perceptions and difficulties with social interactions. This may involve spirals of negative emotions, maladaptive thought processes, unfavorable self-perceptions, and negative behavior patterns.
Treatments for Emotional Injuries Related to Dog Bite Disfigurement
Disfiguring injuries from a dog bite can lead to post-traumatic stress disorder and other psychological and emotional disorders that require ongoing treatments, such as:
- Cognitive techniques
- Psychotherapy
- Psychosocial interventions
- Physiotherapy
- Speech therapy
- EMDR (Eye Movement Desensitization and Reprocessing)
- Counseling
- Lifestyle changes
- Medications
“Survivors of physically disfiguring trauma, regardless of the cause, have experienced a series of assaults on the mind as well as on the body that present extraordinary challenges to human resilience,” explains Patricia Blakeney, Ph.D., and Daniel Creson, M.D., Ph.D., in a 2002 report in *The Journal of ERW and Mine Action*. They later explain, “They must find new identities to fit new body images. Whether for young children or for adults, this process is complex and arduous.”
Types of Broken Bones from a Dog Attack
Dog attacks can result in various broken bones, ranging from minor fractures to severe breaks requiring surgery and rehabilitation. Bones that may be broken during a dog attack include those in the legs, arms, face (e.g., broken nose), hips, ribs, and even the skull. Severe fractures, such as skull fractures affecting the brain, can cause permanent impairment.
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 their dog causes to another person. The owner of a dog is liable to an injured party for all damages done by the dog if the dog is attacking or attempting to bite a person.
An 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 trespassing on another’s property at the time of the attack. Additionally, the law does not apply to dogs suffering from hydrophobia (rabies), unless the owner knew of the rabies and did not exercise reasonable care to prevent the attack.
Damages Available Under Iowa Dog Bite Law
The dog bite liability standard applies to all damages, allowing a person who has suffered from broken bones from a dog bite to recover necessary damages for medical care, including:
- Initial care and examinations
- Imaging procedures like X-rays
- Treatment
- Surgery
- Medications
There is no cap on either economic or noneconomic damages in Iowa, meaning there is no limit on the amount of financial damages a victim can recover. However, a claim for benefits must be filed within two years of the attack, or the right to benefits is forfeited.
In addition to economic damages for medical expenses, a victim of a dog bite attack may also recover damages for:
- Lost wages
- Future lost wages
- Scars
- Disfigurement and emotional suffering
Seeking Compensation for Permanent Disfigurement from a Dog Bite
Disfigurement from a dog bite can involve various damages recoverable in a claim, including medical bills for treating injuries related to the disfigurement and emotional damages. Individuals in Iowa wishing to pursue a dog bite claim against an owner should speak with an Iowa personal injury attorney about their legal options.
A Closer Look at Disfiguring Dog Bite Injuries
Some dog bites leave superficial wounds requiring only cleansing, while others puncture or tear the skin, causing severe disfigurement. Scarring can make the skin appear raised, jagged, or unnatural. Visible wounds, such as on the face, neck, arms, and hands, are generally sutured to minimize scarring. Significant skin damage may require skin grafting, where skin is taken from another part of the body to repair the damaged area.
Orthopedic surgery may be necessary to repair broken bones caused by a dog bite. Reconstructive or cosmetic surgery might also be required depending on the severity of the injuries. Infection is a common concern with dog bite victims, necessitating vaccinations or other treatments.
Damages from a Permanently Disfiguring Injury
A victim may recover two types of damages: economic and non-economic. Economic damages cover medical care, treatment, and financial expenses, including future expenses for additional surgeries and income lost during recovery. Psychological care costs due to emotional trauma can also be included in economic damages.
Noneconomic damages address the consequences and losses experienced due to disfigurement, such as pain and suffering, mental anguish, and diminished quality of life.
Talking to an Iowa Personal Injury Attorney
The Centers for Disease Control and Prevention (CDC) reports that dog bite injuries affect approximately 800,000 people annually in the United States, with the highest injury rates among children aged five to nine. Regardless of age, the effects of dog bite injuries can be devastating, impacting an individual’s life socially and professionally.
How an Attorney Can Help
Given the complexity of dog bite claims and the evidence required, consulting an experienced attorney can be beneficial. An attorney can assist with gathering evidence, documenting injuries, and navigating the legal process to ensure you receive the full compensation you deserve.
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.