Attorneys
- Hawarden Dog Bite Injury Attorneys
- Phone: 641-792-3595
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A dog attack can happen in an instant, but the consequences can last a lifetime. For a Hawarden resident who has suffered broken bones, disfigurement, or other serious injuries in a dog attack, understanding Iowa's dog bite laws, knowing how a dog's history or breed might affect a claim, and recognizing that the insurance company is not on your side can make a real difference in the outcome of your case.
Broken Bones From a Dog Attack in Hawarden
Some dogs, without any 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, and one of the injuries a Hawarden victim may sustain is broken bones.
Depending on the severity of the attack, the type and number of broken bones can vary greatly. In some cases, multiple bones may be broken. Sometimes a break is minor and easy to correct, while other times a break can be severe and require surgery and rehabilitation.
Limbs and Joints
Bones in the legs, arms, and hips can all be broken during a dog attack.
Facial Injuries
A dog attack can cause a broken nose or other facial fractures.
Ribs and Skull
Broken ribs and skull fractures are also possible, and a skull fracture affecting the brain may 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 that his or her dog causes to another person. The law states that the owner of a dog shall be liable to an injured party for all damages done by the dog if the dog is attacking or attempting to bite a person.
One exception to this rule is if the Hawarden victim was doing something unlawful at the time of the dog bite or attack that directly contributed to the injury. For example, the dog bite liability law may not protect a person who is trespassing on another's property at the time of the attack. Additionally, the law does not apply to dogs suffering from 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, meaning a Hawarden victim 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, and medications.
There is no cap on either economic or non-economic damages in the state of Iowa. This means a Hawarden victim who has been attacked by a dog has no limit on the amount of financial damages he or she can recover. In order to reclaim damages, however, a claim for benefits must be filed within two years of the attack. If the claim is not filed within two years, a victim's right to benefits is forfeited.
In addition to recovering economic damages for medical expenses, a Hawarden victim of a dog bite attack may also be able to recover damages for lost wages, future lost wages, scars, and disfigurement and emotional suffering for those who have sustained severe broken bone injuries.
Does a Dog's Breed Affect a Hawarden Dog Bite Claim?
There are two theories of liability for pursuing damages for a dog bite in Iowa: the theory of strict liability, and a negligence based theory of responsibility. Understanding both can help a Hawarden victim know what type of claim may apply to their situation.
Iowa's Strict Liability Dog Bite Law
Iowa primarily imposes a strict liability dog bite law, found under Iowa Code 351.28, which states that the owner of a dog shall be liable to an injured party for all damages done by the dog. Under this law, the owner of a dog is always held responsible for injuries caused by a dog bite, regardless of the dog's breed or history of dangerous behavior, with the exception being if the victim was doing something illegal at the time of the attack.
Iowa's Negligence Based Liability
Under the theory of strict liability, a dog owner is only liable for medical expenses specifically related to the injury. However, a Hawarden dog bite victim does have the right to pursue a personal injury lawsuit against the dog owner if they can prove negligence. One example of negligence is failing to restrain a dog that has a known history of aggression or violence. A victim could also argue that it was negligent to harbor a dog that had already been declared dangerous or vicious.
In a negligence based liability case, damages for medical expenses, lost wages, and pain and suffering are all recoverable. A Hawarden victim who is unsure whether a negligence claim applies to their situation should speak with an attorney who can help evaluate the circumstances of the attack and any applicable local ordinances.
Can You Trust the Insurance Company After a Hawarden Dog Bite?
In Iowa alone, there are more than 100 insurance companies that sell coverage, and just because a dog owner pays a premium to an insurer does not mean that insurer is going to look out for an injured Hawarden victim. Some people assume that if they are hurt, the process of recovering compensation will be simple and straightforward. That is not always true, and there are several things a Hawarden victim should keep in mind when dealing with an insurance company after a dog attack.
Tips for Dealing With the Insurance Company
Tell the Truth
Anything you say can be used against you later. Even a small inconsistency can damage your credibility with the insurance company.
Let a Professional Handle It
Insurance companies employ trained adjusters. Hiring your own attorney levels the playing field for a Hawarden victim.
Keep Documentation
A daily diary, doctors' excuses for missed work, and medical bills all help support a Hawarden dog bite claim.
Be Thorough With Doctors
Tell every provider everything that hurts, so no new complaint can be dismissed as unrelated later.
Regularly attending medical appointments is also essential after a Hawarden dog attack. Failing to see a physician regularly can be treated as evidence that a victim has fully recovered, both by the insurance company and potentially by a judge or jury down the road. Skipping follow up care can make it look, in the eyes of the insurer, like a victim has made a full recovery even if that is not the case. A Hawarden victim who stays consistent with treatment, keeps thorough records, and communicates clearly with medical providers puts themselves in a much stronger position when it comes time to negotiate a fair resolution.
When to Contact Hawarden 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.