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Being attacked by a dog is a frightening and often traumatic experience that leaves victims feeling scared and confused. When an attack causes injuries, what you do in the days and weeks that follow has a direct and lasting impact on your ability to recover fair compensation. This guide covers dog owner liability, the ten most common and preventable mistakes bite victims make when dealing with their medical providers, and the hard realities of dealing with insurance companies so that you go into this process informed rather than blindsided.
Dog Owner Liability: No Prior Bite Required
One of the most important facts a dog bite victim can know from the outset is that proving a dog owner's liability does not require proof that the dog had ever bitten anyone before. There is no "one-bite rule" that requires a dog to have previously attacked a person, or that requires the owner to have known the dog had dangerous tendencies, before they can be held legally responsible for damages. Whether the dog had bitten somebody previously has no effect on a victim's ability to recover compensation.
Dog owners are strictly liable for damages when their dog bites or attacks a person. Victims do not have to prove that the owner was negligent in order to recover. To succeed on a dog bite claim, a victim needs to establish only three things: that the dog bit them, that they suffered damages, and that the defendant owns the dog. The victim should also be prepared to demonstrate that they were not engaged in illegal activity, such as trespassing, at the time of the attack.
Why Dogs Bite and What the Law Requires of Owners
Dogs show aggression for a variety of reasons. A dog may be territorial, possessive, protective, or afraid. Biting can also become a learned behavior shaped by training and environment. A dog raised in a neglectful or abusive home may grow increasingly aggressive and more likely to attack. Owners whose animals have previously bitten a person are expected to take meaningful steps to prevent a repeat attack.
Many cities classify dogs as vicious based on prior bite history, aggressive disposition, or specific breed characteristics. Dogs declared vicious are generally required to be confined in a house, pen, or kennel, or kept on a leash no longer than six feet when outside. The dog may not simply be tethered to a stationary object such as a tree. Ordinances vary by city, so both owners and bite victims should review the specific rules that apply in their area. If you were bitten, report the dog bite to police or animal control as soon as possible to create an official record of the incident.
What Damages Can a Bite Victim Recover?
Victims of dog bites may file a personal injury claim or lawsuit against the dog's owner and can recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, and out-of-pocket costs associated with the injury. Non-economic damages include compensation for pain and suffering and disfigurement. While the standard for establishing liability in a dog bite case is relatively low, recovering fair and full compensation for everything a victim has suffered is an entirely different challenge, and one that benefits greatly from experienced legal representation.
Even when liability is clear, insurance companies will look for every opportunity to reduce what they pay. An experienced Nevada dog bite attorney ensures that every category of your damages, including physical injuries, lost income, pain and suffering, and psychological harm, is properly documented and fully accounted for in your claim.
Ten Preventable Mistakes Dog Bite Victims Make When Dealing With Doctors
Making any one of these mistakes can be the difference between recovering fair compensation and being shortchanged by the insurance company. Each error is common, and each one is avoidable.
1. Failing to Seek Immediate Medical Attention
The victim is always responsible for proving that the dog bite caused their injuries. Insurance companies and juries often conclude that if a person was not hurt badly enough to seek immediate medical care, they are not hurt badly enough to deserve significant compensation. Do not ignore signs of pain, even minor ones. See a doctor as soon as possible, because small injuries can worsen over time. You do not want the insurance company's opening statement to a jury to be that you did not see a doctor until two weeks after the attack.
2. Not Disclosing the Full Truth to Your Doctor
Healthcare providers will ask about prior injuries or conditions related to the area of your body that was affected. Be honest and thorough in your answers. Doctors use your past medical history to diagnose and treat you accurately, so providing incomplete information compromises the quality of your care. It also hurts your legal case. All of your prior medical records will eventually become available to the insurance company. If your doctors formed their opinions without knowing about prior health problems, the insurer will use that gap to attack those medical opinions. Tell the truth about your history and describe the attack accurately. Do not embellish. Do not omit. Any inconsistency will be used against you.
3. Failing to Get Your Pain Accurately Documented in Medical Records
Insurance companies and juries will not believe you are in pain simply because you say so. They review your medical records to see how quickly you reported pain after the attack, how severe it was, and how long it continued. One effective approach is to write out a clear description of your pain and limitations before your appointment and hand it to the doctor during the visit. That said, never exaggerate. Doctors are trained to detect inconsistencies. If you describe unbearable pain while sitting comfortably on the examination table, a negative note will likely appear in your records. When asked to rate pain on a scale of one to ten, keep in mind that a ten represents the worst pain imaginable, the kind associated with surgery without anesthesia. Very few people have experienced pain above a seven or eight. Use the scale honestly.
4. Missing or Arriving Late to Medical Appointments
Your medical records show every missed appointment with a notation such as "DNS" for did not show, or "No show." Valid reasons for missing an appointment rarely make it into the chart. More than one or two of these entries suggests to the insurance company, defense lawyers, and potentially a jury that you were not committed to your recovery and that your injuries must not have been as serious as claimed. Missing appointments also irritates your doctor, and an irritated doctor does not make an effective witness for their patient. If you must cancel, call well in advance and reschedule promptly.
5. Not Telling Your Doctor How the Injury Affects Your Ability to Work
Insurance companies and juries require documented proof that an injury affects a person's ability to work. If the bite injury is limiting your job performance or preventing you from working at all, tell your healthcare provider at every visit. Work-related limitations caused by an injury may also be treatable, which is an additional reason to put them on record. Bringing written notes to appointments can help ensure you do not forget to raise this topic during a busy office visit.
6. Not Taking Medications as Prescribed
When your doctor prescribes a specific medication for a specific period, follow those instructions until told otherwise. If side effects become a problem, contact your doctor and ask about switching to an alternative. Do not simply stop taking a medication on your own. Having to later admit that you chose not to follow your doctor's advice can be devastating to a claim, as it suggests you were not as seriously injured as you have represented.
7. Stopping Medical Treatment Too Soon
Insurance companies and juries frequently assume that when a person stops seeking medical treatment, their injury has healed. Significant gaps between treatment visits reinforce that assumption and may suggest to the insurer that you recovered from the original injury and later suffered a new and unrelated condition. If you are still suffering and your doctor tells you to come back as needed, ask specifically how long to wait before returning if problems persist. Do not allow silence in your records to become the insurer's most effective argument against you.
8. Discussing Your Lawsuit With Your Medical Providers
A doctor's job is to treat your medical condition. They do not need to know about your attorney or a pending lawsuit in order to do that effectively. Raising your legal situation with a medical provider is unnecessary and may affect their willingness to document your condition fully or reach conclusions that are important to your case. Many doctors simply do not want to be drawn into legal proceedings. You must tell your doctor how you were injured, for example that you were bitten by a dog on a specific date, but keep your legal strategy between you and your attorney. Be aware that whatever you tell a medical provider in confidence is not protected from disclosure once you file a personal injury claim.
9. Failing to Follow Treatment Recommendations for Depression or Anxiety
Pain and disability following a dog attack frequently trigger depression and anxiety. These psychological conditions are just as real as physical injuries and cannot be overcome without appropriate treatment. A dog owner who is liable for your physical injuries is also responsible for resulting psychological harm. However, insurance companies and juries will typically only compensate victims for injury-related depression and anxiety if those conditions have been properly diagnosed and treated by qualified medical professionals. If you are struggling emotionally after the attack, tell your doctor and follow through with any recommended care.
10. Failing to Keep a Complete File
Keep a record of every medical provider you see after the attack. Maintain copies of all doctor orders, treatment referrals, work restriction notes, and excuses for missed work. Retain every medical bill and every explanation of benefits form you receive from your health insurer. Your attorney needs all of this information to fully document your damages, and gaps in your records directly limit what can ultimately be recovered.
Can You Trust the Insurance Company? What Dog Bite Victims Need to Know
Many dog bite victims make the dangerous assumption that the insurance company handling their claim is going to treat them fairly. That assumption is costly. Whether you are dealing with a homeowner's policy, a renter's policy, or any other carrier, there are five realities every victim should understand before making any statement or signing any document.
- The insurance company is not representing you or your best interests.
- They are not required to tell you the truth.
- Insurance companies are in the business of maximizing profit, which means paying claimants as little as possible.
- The adjuster may be pleasant and appear sympathetic, but they are not looking out for you.
- Insurance companies do not like paying claims. That is a structural reality of the industry.
Some victims also mistakenly believe that their own insurance carrier will pursue a personal injury claim on their behalf. Your insurer may seek reimbursement for property damage it paid, but it is highly unlikely to pursue compensation for your personal injuries. You are responsible for protecting that interest yourself.
Five Practical Guidelines for Dealing With the Insurance Company
Always tell the truth. Anything you say to an insurance company can be used against you. Even a minor untruth destroys your credibility, and once credibility is lost, the value of your claim suffers badly. The most reliable approach is straightforward honesty at every turn.
Be careful and measured with adjusters. Insurance adjusters are trained professionals whose goal is to minimize payouts. Watch what you say in every conversation. If you hire a dog bite attorney, your lawyer will handle all communications with the insurer, removing that risk entirely.
Keep thorough documentation. Maintain a daily diary or journal of how you feel throughout your recovery. Your written account of pain, limitations, and setbacks can meaningfully increase the evaluated value of your claim. Also keep all medical bills, insurance forms, and records of time missed from work.
Be thorough at every medical appointment. Medical records are the foundation on which the insurance company builds its settlement offer. If a symptom or limitation is not in your records, the insurer will behave as though it does not exist. Tell your providers about everything that hurts, every activity you can no longer perform, and every way the injury is affecting your daily life. If you first report a problem weeks or months after the attack, the insurer will argue it is unrelated and reduce the settlement offer accordingly.
Attend appointments consistently. Irregular care signals recovery to the insurance company and to courts. If your doctor says to return as needed, go back within a few weeks if you are still experiencing problems. Consistent treatment creates a consistent record of ongoing injury that supports a stronger and more credible claim.
When to Contact Nevada 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.