Attorneys
- Maquoketa Dog Bite Injury Attorneys
- Phone: 641-792-3595
- Directions
Being attacked by a dog is a horrible experience. It often leaves victims feeling scared, confused, and in pain, sometimes from injuries that are far more serious than they first appear. In Jackson County and throughout Iowa, dog attacks happen more often than most people realize, and the aftermath, dealing with medical treatment, insurance adjusters, and a legal process you have never navigated before, can be just as overwhelming as the attack itself.
The good news is that Iowa law provides strong protections for dog bite victims. Since 1862, Iowa has held dog owners accountable for the harm their animals cause. Under the current law, the owner of a dog is liable to an injured party for all damages done by the dog when it is attacking or attempting to bite a person, unless the victim was doing something unlawful at the time of the attack. This is a lower legal standard than many other personal injury cases, where you must prove negligence or recklessness. Iowa's dog bite law is on your side, but only if you avoid the mistakes that cost victims thousands of dollars every year.
At Walker, Billingsley & Bair, our attorneys have been representing Iowa dog bite victims since 1997. The information below covers what the insurance company does not want you to know, the ten most common and preventable mistakes dog bite victims make, and why hiring a qualified attorney is one of the most important decisions you will make after an attack.
What the Insurance Company Is Not Telling You
Every day, people injured by dogs make the same costly errors because they believe misconceptions about how the claims process works. Understanding the truth about how insurance adjusters operate is the first step toward protecting your case.
The Insurance Adjuster Is Not There to Help You
The insurance adjuster works for the dog owner and their insurance company. They have no duty to protect your rights or even to tell you what the law says. Just because you are reasonable with the 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 sometimes this means intentionally frustrating you in hopes that you will give up and go away. If the adjuster makes a ridiculously low offer and it is difficult not to show emotion, keep in mind that showing your emotions will never convince the carrier to offer more money. In the eyes of the adjuster, losing your temper signals a personality that will not help your case in front of a jury.
You Do Not Have to Give a Recorded Statement
When you have been injured, the insurance adjuster will often ask you to provide a recorded statement for their file. Sometimes they will even tell you that you must give a recorded statement before they will consider your claim. While this can be true when making a claim against your own insurance company, you are not legally required to give a statement to the other party's insurance adjuster in a dog bite case. The reason they want a recorded statement is to ask you questions before you are fully prepared to answer them. For example, the adjuster may ask whether you have ever had back pain before. Your instinctive answer is no, but if your medical records show any prior complaint to a doctor or chiropractor, your credibility can be attacked later in the case. It is rare that giving a recorded statement to the other party's adjuster will ever help you or your claim.
Not All Attorneys Are the Same
Any Iowa attorney can advertise that they handle personal injury cases even though they may have never handled a single one. Iowa's personal injury laws are far too complex for someone without real knowledge and experience to effectively represent a seriously injured person. When searching for an attorney, look at what results they have actually obtained for past clients, and what those past clients have to say about the experience. Do not accept "all my cases are confidential" as an answer. Ask yourself: do you want someone with a proven track record representing you, or do you want to take a gamble? Only a qualified Iowa personal injury attorney can make sure your rights are protected and that you are treated fairly throughout your case. Learn more about hiring an attorney for your dog bite claim.
Ten Preventable Mistakes Dog Bite Victims Make
Being attacked by a dog is frightening, and in the confusion that follows, many victims make mistakes that significantly reduce or eliminate their ability to recover fair compensation. These mistakes are common, but they are also entirely preventable. Here is what to avoid after a dog attack in Maquoketa or anywhere in Iowa.
Insurance companies and juries often believe that if you were not hurt badly enough to seek immediate medical care, you are not hurt badly enough to deserve compensation. Do not ignore signs of pain, even minor ones. See a doctor as soon as possible, because minor injuries can always worsen. You do not want the insurance company's lawyer telling a jury that you did not see a doctor for two weeks after being bitten.
A health care provider will ask about your prior medical history. Providing incomplete information affects the quality of care you receive and will hurt your legal case. All of your prior medical records will eventually be made available to the insurance company and their lawyer. If you provided your doctor with incomplete information, their medical opinions can be rejected because they were based on an incomplete picture. Tell the truth, always, including telling your doctor exactly how the attack happened.
Insurance companies and juries will not take your word alone that you are in pain. They need to read about your pain in your medical records, including how soon you reported it, how long you continued to report it, and how severe it was. One practical approach is to write down your symptoms before each appointment and give the notes to your doctor. Do not exaggerate your pain. Doctors are trained to look for inconsistencies, and an exaggerated complaint can produce a negative office note that follows your case for years. When asked to rate pain on a scale of one to ten, keep in mind that a ten would be your worst imaginable pain. Very few people have suffered pain above a seven or eight in their lifetime.
When you miss an appointment, your record simply records a "DNS" meaning did not show, or "No show." Valid excuses almost never make it into the record. More than one or two such entries can make it look like you were not committed to getting better, and it can also irritate your doctor. Irritated doctors do not make good witnesses for their patients. If you need to cancel, call well in advance and reschedule promptly.
Insurance companies and juries need proof that your injury affects your work life. If the bite or attack is limiting your ability to perform your job, tell your health care provider. Work-related limitations caused by an injury are often treatable and should appear in your medical records. Bring notes with you to appointments to make sure you do not forget to mention this important detail.
There is a reason your doctor prescribed a specific medication for a specific period of time. Follow those recommendations unless your doctor tells you otherwise. If a medication causes side effects, tell your doctor so they can make a substitution. Do not put yourself in the position of having to admit that you chose not to follow your doctor's advice. This can be devastating to your claim.
Insurance companies and juries often interpret a gap in treatment as a sign that the injury has healed. They also tend to view significant gaps as suggesting a new, unrelated injury caused any continued pain. If you are still suffering, continue seeking medical treatment until you are healed or until your doctor tells you nothing more can be done. If your doctor says "come back as needed," ask specifically how long you should wait before calling if pain and limitations continue.
Your doctor's role is to focus on your medical condition, not your legal situation. Sharing your legal concerns with a medical provider is not necessary and can make your doctor reluctant to offer treatment or reach important conclusions about your condition. You must tell the doctor how you were injured, for example that a dog bit you on a specific date, but leave the legal discussion for your attorney. Remember that whatever you say to your doctor is not confidential once you bring a personal injury claim.
Pain and disability from a dog attack can trigger depression and anxiety. These psychological conditions are just as real as broken bones and cannot be overcome without appropriate treatment. The person or party responsible for your physical injuries is also responsible for resulting psychological conditions. Insurance companies and juries, however, will typically only compensate injury-related depression and anxiety if those conditions have been properly diagnosed and treated by qualified medical professionals.
Your attorney needs to know every medical provider you have seen after the attack. Keep track of all doctor orders, treatment referrals, work excuses and restrictions, and all documents provided by health care providers and insurance companies. Maintaining an organized file ensures that your attorney has everything needed to build the strongest possible case on your behalf at the right moment.
Why You Need to Hire a Dog Bite Lawyer in Maquoketa
If you have suffered a dog bite injury in Iowa, hiring a qualified attorney will help ensure you receive fair compensation for all of your damages. If you try to handle a dog bite case on your own, without legal guidance, you risk significantly minimizing the value of your claim. Here is what an experienced Iowa dog bite attorney does for you that you simply cannot do as effectively alone.
Understanding and Applying Iowa Dog Bite Law
Navigating Iowa's dog bite law can be complex, especially when serious injuries are involved. A knowledgeable attorney can provide insight into how the law applies to the specific facts of your case and guide you through every stage of the legal process. Iowa's personal injury laws are far too complex for someone without experience to navigate effectively on a victim's behalf.
Maximizing Your Total Compensation
An experienced dog bite lawyer can thoroughly assess your claim by considering past cases, medical evidence, and the specific requirements of Iowa dog bite law. This evaluation ensures that you receive compensation not only for your current medical expenses but also for future costs related to your injury. Many unrepresented victims accept early settlements that fail to account for ongoing treatment needs, permanent scarring, or psychological trauma.
Recovering Lost Wages and Loss of Earning Capacity
If your injuries caused you to miss work, an attorney can pursue compensation for those lost wages by gathering evidence that includes proof of missed work time and lost fringe benefits. In cases where injuries result in disfigurement or permanently affect your ability to work, an attorney can calculate loss of earning capacity, which reflects how your injuries will affect your income over the entire course of your working life. This is a category of damages that unrepresented claimants almost always fail to recover in full.
Handling the Insurance Company So You Do Not Have To
An attorney's negotiation skills can lead to a fair settlement and potentially avoid lengthy court proceedings. Your attorney handles all communication with the insurance company, gathers evidence, and enlists expert opinions to strengthen your case. This protection alone, keeping you away from an adjuster who is trained to use your own words against you, can be worth thousands of dollars in additional recovery. If you were attacked by a dog belonging to a relative or friend and feel apprehensive about filing a claim, having an attorney handle the process can also help you avoid uncomfortable direct confrontations.
When to Contact Maquoketa 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.