Mediapolis Dog Bite Injury Attorneys

Being attacked by a dog can be a scary and dangerous situation. Dog bites can be traumatic and life-altering, leading to serious injuries, emotional distress, and significant medical expenses. The Mediapolis dog bite attorneys at Walker, Billingsley & Bair want local residents to know what to do immediately after an attack, how to find the right attorney, and whether a dog's breed can affect a claim.

What to Do After a Dog Bite: Treatment and Legal Steps

If you or a loved one is bitten by a dog near Mediapolis, the first thing you should do is call 911 so the police and 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 investigate and determine who the dog's owner is. If the dog and its owner are not identified, you may be looking at taking rabies shots since the dog's rabies status will not be known. The police will usually track down the dog owner and ask for proof of rabies vaccination. If it cannot be confirmed that the dog has been vaccinated, the dog will likely be quarantined to check for rabies symptoms.

Beyond your health, if the dog or its owner is never found, there will be no source to recover for your injuries. If the owner is found and owns a home, that homeowner's insurance policy should provide compensation. If they rent rather than own, hopefully they have renters insurance covering the actions of their dog. If the owner has no insurance coverage, you will need to consider whether they have assets worth pursuing.

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 surgeries. Once the immediate rabies concern is addressed, physical and emotional scars remain to deal with. If you or your loved one experience flashbacks to the attack, difficulty sleeping, anxiety, or a fear of dogs, it is a good idea to see a qualified mental health counselor sooner rather than later.

From a medical standpoint, after stitches are removed there may be some scarring. Doctors will likely instruct you to avoid the sun, or 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 it bothers you, it is a good idea to obtain a consultation with a plastic surgeon, since a number of scar revision procedures, including lasers and chemicals, can lessen the appearance of a scar.

Legal Steps

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 owner has insurance coverage, your claim should be submitted to that insurance company, which will assign an adjuster 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 general information about your injuries and age. However, if you or a loved one has been seriously injured, consider talking to an attorney before speaking with the adjuster, since their job is to represent the dog owner and pay you as little as possible to close the claim.

Finding the Best Dog Bite Attorney Near Mediapolis

If you or a loved one has been bitten by a dog, you may be entitled to compensation, but navigating the legal process can be daunting. This is where a dog bite attorney comes in, helping you understand your rights, build a strong case, and fight for the compensation you deserve.

The Severity of Dog Bite Injuries and Owner Liability

Dog bite injuries can range from minor to severe, including puncture wounds, lacerations, fractures, and even life-threatening infections. The physical damage is just one aspect, since victims, especially children, often suffer emotional trauma that can lead to a fear of dogs, anxiety, and other psychological issues.

Iowa has a statute imposing liability for injuries or damages caused by an owner's dog, known as strict liability. Under Iowa Code section 351.28, the owner of a dog that causes injury to a person is liable for all damages related to the incident. This means damages may extend beyond the actual injuries caused by the bite itself. For example, if a person attempting to escape a dog attack runs into the street and is struck by a car, the victim can make a claim for those additional injuries under Iowa's dog bite law. The same is true if a person riding a bicycle is chased by a dog, thrown from the bike, and injured as a result.

The Role of a Dog Bite Attorney

A dog bite attorney guides you through the legal process, ensuring your rights are protected. They gather evidence, negotiate with insurance companies, and represent you in court if necessary. Your attorney will also help you understand the potential for compensation in your case, including medical expenses, lost wages, and pain and suffering, and will work to make sure you receive everything you are owed.

Criteria for Choosing the Right Attorney

When choosing a dog bite attorney near Mediapolis, look for experience with dog bite cases, knowledge of local laws and regulations, a track record of success, good communication skills, a compassionate and understanding approach, a willingness to take the case to trial if necessary, and positive reviews and testimonials from past clients.

Preparing for Your Legal Consultation

Before meeting with a potential attorney, gather all relevant information about the incident, including medical records, photos of the injury, and any witness statements, so the attorney can understand your case and provide accurate advice. During the consultation, ask about their experience with dog bite cases, their approach to handling your case, and their fee structure. Documentation and evidence, including a detailed account of the incident, the location, the circumstances leading to the bite, and any interaction with the dog owner, help substantiate your claim and establish liability.

Will the Dog's Breed Affect Your 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. Here is a look at both, specifically in regard to how a dog's breed may affect a claim.

Iowa's Strict Liability Dog Bite Law

Under Iowa's strict liability dog bite 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. The exception to this rule is if the dog bite victim was doing something illegal at the time of the attack.

Iowa's Negligence-Based Liability

Under strict liability, a dog owner is only liable for medical expenses specifically related to the injury. However, a dog bite victim also has the right to pursue a personal injury lawsuit against the dog owner if they can prove negligence, such as failing to restrain a dog with a known history of aggression or violence, or harboring a dog declared dangerous or vicious. While there is no single statewide law on the subject, some Iowa cities have banned, restricted, or labeled certain dog breeds as dangerous or vicious, and there are special rules and requirements that apply to dogs declared vicious. If a resident is harboring a dog that is illegal, restricted, or considered dangerous, and that dog bites someone, the victim may be able to prove negligence in a civil suit, where damages for medical expenses, lost wages, and pain and suffering are all recoverable.