Independence Dog Bite Injury Attorneys

Iowa Law and Dog Owner Liability After a Bite

Under Section 351.28 of the Iowa Code, dog owners are generally liable for damages caused by their dogs biting someone, regardless of whether the owner was negligent. Iowa is a strict liability state when it comes to dog bites, which means a victim does not need to prove the owner knew the dog was dangerous or had bitten someone before. Liability attaches based on the bite itself.

There are limited exceptions. If the victim provoked the dog in a cruel manner, the owner may not be held liable. Another exception applies when a dog has rabies, though if the owner knew the dog had rabies and could have prevented the injury through reasonable effort, liability may still be imposed. Understanding these rules before speaking with any insurance company is essential. To learn more about Iowa's dog bite laws, visit the dog bite attorneys page at Walker, Billingsley & Bair.

The Full Scope of Compensation Available to Iowa Dog Bite Victims

Iowa law allows dog bite victims to pursue several distinct categories of compensation. Many victims and their families are surprised to learn just how broad their recovery rights truly are. Each of the following types of damages may be available depending on the specific circumstances of the case.

Medical Expenses: Past and Future

All reasonable and necessary medical expenses that have already been incurred and that are reasonably certain to be incurred in the future because of the injury are recoverable. This covers all forms of care including hospital treatment, surgery, diagnostic testing, physical rehabilitation, nursing care, therapy, and pain management. Iowa law allows victims to recover the full value of their medical expenses from the responsible party even if a health insurer has already paid all or part of those bills.

Lost Wages and Future Loss of Earning Capacity

Wages, commissions, bonuses, and all other earnings and fringe benefits lost because of a dog bite injury are recoverable as lost wages. Recovery of the full value is permitted even if an employer or disability insurance policy has already paid some or all of those wages. If the injuries permanently limit the victim's ability to earn, the law also permits recovery for the reduction in future earning capacity over the remainder of the victim's working years.

Pain and Suffering

Ordinarily the most financially significant element of a dog bite claim is the right to recover compensation for physical pain and mental anguish, both past and future. These general damages are in addition to medical expenses and lost wages and may far exceed those economic losses in total value.

Loss of Full Mind and Body

This category of damages compensates for any permanent loss of function or use of the body or mind resulting from the injuries. It is separate from and in addition to all other damage categories.

Disfigurement and Emotional Harm

Dog bites frequently cause scarring, particularly on the face, hands, and arms. When a victim is disfigured, Iowa law provides the right to recover for the disfigurement itself as well as for the humiliation and embarrassment that accompany it. Disfigurement often causes victims to feel self-conscious, to receive unwanted stares and questions, and to begin avoiding social situations.

Researchers at the Centre for Appearance Research at the University of the West of England published a report in the journal Body Image in 2003 explaining that people with disfigurements frequently experience spirals of negative emotions including social anxiety, fear of negative evaluation, lowered self-esteem, unfavorable body image, and excessive social avoidance. Patricia Blakeney, Ph.D., and Daniel Creson, M.D., Ph.D., writing in a 2002 report, described survivors of physically disfiguring trauma as having experienced extraordinary challenges, noting that they must find new identities to fit new body images and that this process is complex and arduous whether for young children or adults.

Disfiguring dog bite injuries can also cause post-traumatic stress disorder and other psychological conditions requiring ongoing treatment, including cognitive techniques, psychotherapy, psychosocial interventions, physiotherapy, speech therapy, EMDR, counseling, lifestyle changes, and medications. All properly diagnosed and treated psychological conditions caused by the dog bite are also compensable.

Damage to Child and Marital Relationships

Serious injuries to a spouse or child caused by a dog bite can damage the family relationship. When this occurs, Iowa law provides recovery for the loss of society, affection, and assistance of the injured spouse or child.

Wrongful Death

When a dog attack results in death, damages for wrongful death are available to the beneficiaries of the deceased, typically a spouse, parent, or child, and in some cases other relatives who were dependent on the deceased. Recoverable damages are not limited to economic loss and include loss of consortium defined as companionship, comfort, guidance, affection, and aid, as well as the deceased's lost accumulation of value to the estate.

Five Things Insurance Companies Do Not Want You to Know

After a dog bite in Independence, the owner's insurance company will almost certainly contact the victim. Most victims believe the adjuster is there to help them recover what they are owed. That is not the case. There are five things insurance companies consistently conceal from unrepresented dog bite claimants, and knowing them before any contact with an adjuster can protect the entire claim.

1. Insurers Are Legally Permitted to Lie to You

Insurance adjusters are trained in techniques to reduce the value of your claim, convince you to accept a small settlement, and generally maintain the upper hand when you are not represented by an attorney who knows Iowa's laws. While they may act like your friend, they are legally permitted to make statements that are not accurate without any professional consequence. Their primary objective is to pay you as little money as possible in order to maximize the insurance company's profits.

2. You Do Not Have to Give a Recorded Statement

Insurance adjusters regularly request recorded statements from injury victims shortly after an incident. What they do not tell you is that you are not required to provide one. Statements made while still in pain, confused, or unaware of the full extent of injuries can be used to minimize or deny the claim later. Consulting with an attorney before agreeing to any recorded statement protects you from this risk.

3. The First Settlement Offer Is Not the Best One

Insurance companies routinely open with settlement offers that are far below what a claim is actually worth. They rely on victims who do not know the true value of their damages to accept early, low offers quickly. The first offer presented is virtually never the best offer the insurer is prepared to make. An experienced dog bite attorney knows how to evaluate the full value of all damage categories and negotiate from a position of knowledge.

4. Delay Is a Deliberate Strategy

When insurance companies delay responding to claims, returning phone calls, or processing paperwork, it is rarely accidental. Delay is a deliberate tactic designed to frustrate victims into accepting lower settlements simply to end the prolonged process. Recognizing delay as a strategy rather than a logistical inconvenience helps victims avoid being worn down into accepting less than they deserve. You can read more about these and other insurance company tactics in the article What Insurers Don't Want You to Know.

5. They Will Not Pay Medical Bills as They Are Incurred

Many dog bite victims expect the responsible party's insurance company to cover their medical bills as treatment proceeds. Insurance companies do not work that way. Bills accumulate, treatment continues, and the insurer holds its money until a settlement is negotiated and signed. Victims who do not understand this reality may stop seeking necessary medical treatment because they cannot afford ongoing bills, which in turn damages the claim itself.

Ten Preventable Mistakes That Damage Dog Bite Claims in Iowa

Being attacked by a dog is a frightening and disorienting experience. In the days and weeks that follow, many Iowa victims make common but entirely preventable mistakes in how they interact with medical providers. These mistakes give insurance companies exactly what they need to reduce or deny compensation. Avoiding each of them is just as important as knowing your legal rights.

1. Failing to Seek Immediate Medical Attention

The victim bears the responsibility of proving that an injury occurred and that it was caused by the dog bite. Insurance companies and juries consistently conclude that if someone was not hurt badly enough to seek immediate care, the injury does not warrant significant compensation. Do not ignore even minor pain following a bite. The first statement a defense attorney makes to a jury should not be that the victim waited days or weeks before seeing a doctor.

2. Not Disclosing the Full Truth to Medical Providers

Doctors ask about prior injury and health history for clinical reasons. Concealing prior conditions harms both the quality of care and the legal claim, because all prior medical records will eventually be made available to the insurance company. Inconsistencies between what a victim told the treating physician and what the records reveal will be used to undermine credibility with the insurance company, its lawyers, and a jury. Tell the truth completely, including an accurate description of how the attack occurred.

3. Failing to Get Pain Accurately Documented

Insurance companies and juries do not accept verbal pain claims without medical record support. They review records to determine when pain was first reported, how long it persisted, and how severe it was. Writing out a description of pain and limitations before each appointment and providing it to the doctor helps ensure that nothing is overlooked in a busy clinical setting. Never exaggerate pain levels. Doctors are trained to identify inconsistencies, and a negative office note documenting apparent exaggeration is damaging to the entire claim.

4. Missing or Arriving Late for Medical Appointments

Medical records note every missed or late appointment as a no-show. Patterns of missed appointments suggest to insurers, their attorneys, and juries that the victim was not truly committed to recovery. An irritated doctor is also a poor witness. If an appointment must be cancelled, call well in advance and reschedule promptly.

5. Failing to Tell the Doctor How Injuries Affect Work

If dog bite injuries are limiting the ability to work, that information must be communicated to the treating provider and reflected in the medical record. Insurance companies and juries require documented proof that injuries affected employment. Bringing written notes to appointments ensures that work limitations are relayed and recorded before the visit ends.

6. Not Taking Medications as Prescribed

Doctors prescribe specific medications for specific clinical reasons. Stopping a prescribed medication without consulting the treating physician, particularly when the medication requires tapering, can harm recovery and the legal claim equally. If side effects are a problem, call the doctor for an alternative rather than simply discontinuing treatment. Being forced to admit that a doctor's medical advice was not followed is devastating to a claim.

7. Stopping Treatment Too Soon

When a victim stops seeking treatment, insurance companies and juries assume recovery is complete. Significant gaps between treatment sessions are used to argue that the original injury healed and any renewed symptoms represent an entirely separate problem unrelated to the dog bite. Continue seeking care until a physician confirms that nothing more can be done to improve the condition. If a doctor says to return as needed, ask specifically how long to wait before calling if pain and limitation continue.

8. Discussing the Lawsuit With Medical Providers

Doctors are focused on treating injuries. They do not need to know about an ongoing lawsuit or legal strategy, and in many cases will be less willing to cooperate with the legal process once they know it is involved. Whatever is said to a medical provider is not confidential when a personal injury claim has been filed. Always tell the doctor how the injury occurred, but keep legal discussions entirely out of clinical appointments.

9. Failing to Follow Treatment for Depression or Anxiety

Pain and disability following a dog bite frequently trigger depression and anxiety. These psychological conditions are compensable under Iowa law, but only if properly diagnosed and treated by medical professionals. Insurance companies and juries do not compensate for psychological harm that was not addressed clinically. Tell treating providers if anxiety or depression has developed as a result of the attack or its aftermath.

10. Failing to Keep a File

Every medical provider seen following a dog bite, every treatment referral, every work excuse, every restriction, and every piece of documentation provided by healthcare providers or insurance companies should be kept in an organized file. This documentation is essential for an attorney to build the most complete and accurate picture of the injury and its impact. Losing or discarding records is a preventable mistake that weakens claims and delays resolution.

When to Contact Independence 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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