Epworth Dog Bite Injury Attorneys

Iowa Dog Bite Myths and Misconceptions

Beginning in 1862, the Iowa Legislature passed the first law holding dog owners liable for injuries caused by their dog. Since that time, the law has changed several times, but the current law provides that the owner of a dog is liable to an injured party for all damages done by the dog attacking or attempting to bite a person, except when the injured party was doing something unlawful, such as a burglar breaking into a home. This is a lower standard than other personal injury cases, where you typically have to prove negligence or recklessness.

Myth: The Insurance Adjuster Is There to Help You

The insurance adjuster works for the dog owner and their insurance company and has no duty to protect your rights or even tell you what the law is. Being reasonable with the insurance adjuster does not mean the adjuster will be reasonable with you, since they are trained to pay you as little for your claim as possible. Sometimes this means intentionally frustrating you in hopes that you will give up and go away. If you decide to handle your case on your own, it is important not to lose your temper or make threats to the adjuster. If they make a ridiculously low offer, it may be difficult not to show emotion, but showing emotion will never convince the carrier to offer more money. In the eyes of the adjuster, it simply means you have a short temper, which will not help your case.

Myth: You Have to Give a Recorded Statement

Often, when you have been injured, the insurance adjuster will ask you to provide a recorded statement for their file, sometimes even claiming they must have one before they will consider your claim. In a dog bite case, you are not legally required to give a recorded statement to the insurance adjuster. The reason they want one is so they can ask you questions before you are prepared to answer them. For example, an adjuster might ask if you have ever had back pain before, and your immediate response might be no, without thinking about a previous visit to a family doctor or chiropractor years earlier. A single wrong or incomplete answer to a question you were not prepared for can cost you thousands of dollars in your case, since your credibility is very important. It is rare that giving a recorded statement to the other party's insurance adjuster will actually help your claim.

What Insurance Companies Do Not Want Epworth Dog Bite Victims to Know

Insurance companies are among the richest and most powerful corporations in the country, and their financial interests are not aligned with those of injured accident victims. There are several things insurance companies would rather you never learn.

They Are Legally Allowed to Mislead You

There is no law requiring the insurance company for the other side to tell you the truth or act in your best interests. This is why an adjuster will sometimes act friendly and try to build trust with you, especially when your injuries are serious. It is a bad idea to trust an adjuster, since their job is to pay you as little as possible, and they may even receive promotions or bonuses for building a track record of underpaying claims. They are not going to tell you what your rights are or the best way to proceed with your claim.

Their "Final Offer" Is Usually Not Their Best Offer

During negotiations, an insurance company may claim they are presenting their final offer, but this is often not the case. There is little downside to proposing a counteroffer, since it is unlikely they will withdraw their offer entirely. Sometimes it takes filing a lawsuit and going through that process to get to their actual best offer.

They May Try to Frustrate You Into Settling

When a friendly approach does not work, some adjusters intentionally use frustration as a tactic. A low initial offer is meant to make you angry, in hopes that you will accept a low-ball settlement just to be done dealing with them. If you have sustained a serious injury with lifelong effects on your health, consider turning things over to an experienced injury attorney, who deals with these tactics daily and will not let the insurance company take advantage of you while you focus on healing.

When Do You Need a Dog Bite Lawyer in Epworth?

After a serious dog attack, you may face hospitalization, surgery, and extensive time off from work. While you focus on recovering, an experienced dog bite lawyer can fight for your rights. A lawyer who is a good fit for your case should understand the pros and cons of Iowa dog bite law and take the time to explain your legal options.

Why Handling a Claim Alone Can Backfire

When you attempt to handle a dog attack case on your own, you may spur resentment, which can be made worse by not knowing exactly what needs to be said to have your claim settled 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 an attorney, the victim can leave those accusations up to the lawyer, which can make the entire process less stressful. A skilled attorney will not confront the dog owner, try to make them feel guilty, or threaten anything regarding the animal unless it is absolutely necessary, and even then, your lawyer would first seek your permission. If you prefer a gentler approach, perhaps because it was a neighbor's dog and you do not want litigation to damage that relationship, your case can be handled accordingly.

Addressing Current and Future Damages

An attorney will not just address your current medical bills, but will also consider future ones, such as additional surgeries, plastic surgery, or long-term physical therapy and rehabilitation. With injuries often comes missed time from work, and an attorney can help calculate those financial losses as part of your claim under Iowa dog bite law. The emotional trauma of a disfiguring injury can be devastating, and if there is scarring to the face, hands, arms, or legs, that visibility can be a painful reminder for years to come. Compensation may be available to address that scarring, and a good attorney will make sure it is part of your claim.