• Guttenberg Dog Bite Injury Attorneys
  • Phone: 641-792-3595
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Beginning in 1862, the Iowa Legislature passed the first law holding dog owners liable for injuries caused by their dog. Since that time, the legislature has changed the law 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 an unlawful act. If you or a loved one has been bitten by a dog near Guttenberg, here is what you need to know about immediate treatment, common insurance myths, and recovering compensation for broken bones.

What to Do After a Dog Bite Near Guttenberg

Unfortunately, most serious dog bites occur to children. If you or a loved one is bitten by a dog, the first thing you should do is call 911 so police and the appropriate medical personnel are sent to the scene. Often dogs do not have a collar and may run away from the scene of an attack, so it is important that police are called to investigate and determine who the dog owner is. If the dog and its owner cannot be identified, you may be looking at rabies shots if the dog's rabies status is unknown. Police will usually try to track down the dog owner and then ask for proof of rabies vaccination from the owner or the dog's veterinarian. If vaccination cannot be confirmed, the dog will likely be quarantined to see if it exhibits rabies symptoms, which helps determine whether rabies shots are needed.

Besides your health, if the dog or its owner is not found, there will be no source for you to recover for your injuries. If the owner is found, hopefully they own a home with insurance coverage that can provide compensation. If they rent instead, hopefully they have purchased renters insurance covering the actions of their dog. If the dog owner has no insurance coverage at all, you will need to consider whether they have assets you can pursue and whether it is worth the time and effort to do so.

Medical Treatment and Care

Dog bite injuries can cause serious damage that may require antibiotics, stitches, rabies shots, mental health counseling, and eventually scar revision surgery. Once the immediate rabies concern is addressed, physical and emotional scars still need to be dealt with. If you or your loved one experience flashbacks to the attack, difficulty sleeping, anxiety, or fear of dogs, it is a good idea to see a qualified mental health counselor sooner rather than later so any mental health issues can be treated right away.

From a medical standpoint, after stitches are removed there may be some scarring. Your doctor will likely instruct you to avoid the sun, or to use sunscreen if you are in the sun, to help the scar heal properly. If after six to twelve months the scar is still visible and bothers you, it is a good idea to obtain a consultation with a plastic surgeon. There are a number of different scar revision procedures available, including the use of lasers and chemical treatments, that can lessen the appearance of a scar.

Legal Steps After a Guttenberg Dog Bite

Iowa has strict liability for dog bite injuries, and to recover you must prove that a dog attacked or bit you, subject to very few exceptions. This is why it is so important to promptly identify the owner of the dog. If the dog owner has insurance coverage, your claim should be submitted to that insurance company. The insurance company will assign an adjuster to your case who will likely want to speak with you and see pictures of your injury. The adjuster may ask for a recorded statement, which is usually not a good idea to provide. If your injuries are minor, there is generally not a problem providing the adjuster with general information about your injuries and your age. However, if you or a loved one has been seriously injured, you may want to consider talking to an attorney before speaking with the insurance adjuster. The adjuster may be nice to you, but keep in mind that their job is to represent the dog owner and pay you as little as possible to close your claim.

Common Insurance Myths in Guttenberg Dog Bite Claims

The first misconception is that the insurance adjuster is there to help you with your injury case. 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. Just because you are reasonable with the insurance adjuster does not mean the adjuster will be reasonable with you. They are trained to pay you as little as possible for your claim, and this sometimes means intentionally frustrating you in hopes that you will give up and go away. If you decide to try to handle your case on your own, it is important not to lose your temper or make threats to the adjuster. If the adjuster makes a ridiculously low offer, it may be difficult not to show emotion, but showing frustration will never convince the carrier to offer more money. In the eyes of the adjuster, it simply signals a short temper, which will not help your case.

Another misconception is that you have to give the adjuster a recorded statement. Often, once 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. While this can be true for a claim against your own insurance company, such as a property damage claim, you are not legally required to give a recorded statement to the other party's adjuster in a dog bite case. The reason they want the statement is so they can ask you questions before you are prepared to answer them. For example, an adjuster may ask if you have ever had back pain before, and an unprepared "no" answer can create a real problem if your medical history later shows otherwise. Your credibility is very important in a dog bite case, and a single wrong answer to a question you did not fully understand can cost you thousands of dollars.

Some people also come to see an attorney after firing someone they found in a phone book or online ad who claimed to handle personal injury cases. Any Iowa attorney can advertise that they handle personal injury cases, even if they have never actually handled one. Iowa's personal injury laws are far too complex for someone without real knowledge and experience to properly represent someone who has been seriously injured near Guttenberg. Only a qualified Iowa dog bite attorney can make sure your rights are protected and that you are treated fairly throughout your case.

Broken Bones From a Dog Bite Near Guttenberg

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 which may be broken bones. If you have suffered fractures as a result of a dog attack near Guttenberg, you may be able to recover compensation for medical care.

Types of Broken Bones From a Dog Attack

Depending on the severity of the attack, 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, 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. One exception to this rule is if the victim is doing something unlawful at the time of the bite or attack that directly contributes to the injury, such as trespassing on another's property. The law also does not apply to dogs suffering from rabies, unless the owner knew of the rabies but did not exercise the reasonable amount of care required to prevent the attack.

Damages Available Under Iowa Dog Bite Law

A person who has suffered broken bones from a dog bite can recover all 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 non-economic damages in the state of Iowa. In addition to medical expenses, a victim of a dog bite attack may also be able to recover damages for lost wages, future lost wages, scars, disfigurement, and emotional suffering. In order to reclaim damages, a claim for benefits must be filed within two years of the attack, or a victim's right to benefits is forfeited.

Iowans bitten and attacked by dogs are beginning to realize that the dog owner and their insurance company are not there to help them. If you have been bitten near Guttenberg, protecting your rights starts with identifying the dog owner, seeking prompt medical treatment, and understanding your options before you speak with any insurance adjuster.

 

When to Contact Guttenberg 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.

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