Osceola Dog Bite Injury Attorneys

A dog attack can happen without warning and leave lasting physical and emotional damage. Bites to the face, hands, and arms can tear through skin, muscle, tendons, and even bone. In serious cases, the injuries require surgery, extended recovery, and months away from work. For victims in Osceola and throughout Iowa, understanding how to protect yourself when a dog threatens to attack, what injuries a bite can cause, and how to handle your medical care after an attack are all critical to your health and your legal claim.

Iowa law is clear: dog owners are responsible when their animals injure others. But knowing your rights and knowing how to document and preserve those rights are two very different things. The information below covers all three stages of a dog bite situation so you are prepared at every step.

Recognizing the Warning Signs That a Dog May Attack

In many situations, a dog will give warning signs before it strikes. Knowing how to read those signals and respond correctly can mean the difference between walking away safely and suffering a serious injury. If you get the feeling that a dog is going to attack, give the dog space, stand still, and avoid direct eye contact.

There are a number of signs that a dog will display when it is feeling angry, scared, or territorial:

• Tensing its body
• Raising the hair on its neck and back (raising its hackles)
• Opening its eyes wide so that the whites are visible (whale eye)
• Backing away
• Flattening its ears against its head

If you notice any of these signals, move away from the dog immediately and calmly. Sometimes giving a dog enough space is all it takes to stop an attack before it starts.

If the Dog Is Close Enough to Strike

When it is too late to create distance, remain as still as possible. Do not move until the dog moves away. A dog is much faster than a person, and a calm, non-threatening presence may remove the perceived threat entirely. Dogs typically attack because they feel threatened, believe their young are in danger, or are defending their territory. The outcome the dog often wants is for you to be submissive and leave its space.

Avoid eye contact, as dogs read direct eye contact as aggressive body language. You do not need to completely take your eyes off the animal. Turning your head slightly and watching from the corner of your eye is a natural, submissive posture that dogs recognize.

Resisting the Instinct to Run or Fight Back

Your natural instinct when a dog looks ready to attack will be to scream, run, or swing at the animal. Resist all of those impulses if at all possible. The best course of action is to remain quiet, remain still, and place something between yourself and the dog, such as a coat, bag, or purse. Fighting back can enrage the animal further. Even during an active attack, staying as still as possible and protecting your face gives you the best chance of limiting the severity of your injuries.

Dog Bite Injuries: What a Dog's Jaws Can Actually Do

A dog's powerful jaws can injure not only the skin but also the nerves, tendons, muscles, and bones beneath. One of the most serious and often overlooked consequences of a dog bite is nerve damage. A dog bite can absolutely cause nerve damage, and the type and severity of that damage has significant implications for both recovery and compensation.

The Three Types of Nerve Damage from a Dog Bite

Neuropraxia is the least serious type of nerve damage. It stretches nerves but does not sever them. It can occur from a crushing injury caused by the bite itself, or when an attack results in a dislocation or fracture. Recovery can take anywhere from a few hours to several months.

Axonotmesis is a more serious injury that can damage nerves along with muscle and motor function. Recovery time is significantly longer, ranging from several months to years.

Neurotmesis is the most severe type of nerve injury a dog bite can cause. It occurs when the nerve is completely severed. If the cut is clean, it is sometimes possible to surgically repair the nerve through a procedure involving nerve regeneration. But in many circumstances, the damage is irreparable. When function does not return, the result can be abnormal sensations or permanent loss of movement.

Signs of Motor and Sensory Nerve Damage

Motor nerves control actions and movements by passing information from the brain and spinal cord to the muscles. Signs that motor nerves have been damaged include weakness, paralysis, fasciculation (muscle twitching), and muscle atrophy.

Sensory nerves affect sensation by passing information from the muscles and skin back to the brain and spinal cord. Signs of sensory nerve damage include burning, numbness, pain, prickling or tingling sensations, and difficulties with positional awareness.

Nerve damage can affect the face, hands, or other areas of the body. Open wounds are also at risk of infection, and a serious bite may cause disfigurement. Understanding the common challenges of a dog bite claim and how to address them is an important part of protecting your recovery.

Iowa's Strict Liability Law and What It Means for Your Claim

Iowa has a strict liability dog bite policy codified in Section 351.28 of the Iowa Code. If a dog bites you, its owner is liable for damages. Dog owner liability under Iowa law makes it relatively straightforward to hold an owner responsible, with one primary exception: if the victim was acting unlawfully and that conduct contributed to the injury. Breaking into someone's home and being attacked by the family dog, for example, would qualify as unlawful conduct. Outside of circumstances like that, Iowa law is on the side of bite victims.

Recoverable damages in a dog bite claim include medical costs to treat the injury. Nerve damage injuries may require surgery, and if injuries are severe, cosmetic surgery may also be needed to improve appearance after disfigurement. Lost earnings are another form of compensation, covering time missed from work during healing and recovery, and potentially including anticipated future earnings if the attack leaves a person disabled. Nerve damage may support additional recovery for pain and suffering, emotional distress, and reduced quality of life. Permanent scarring may allow for compensation for disfigurement as well.

Ten Medical Mistakes That Can Damage Your Dog Bite Claim

Many dog bite victims do not realize how much their interactions with doctors and medical providers will affect the outcome of their legal claim. Common mistakes during medical treatment can significantly reduce what you are able to recover, regardless of how serious your injuries are. Avoiding these ten mistakes when dealing with doctors after an injury is one of the most important things you can do to protect your case.

1. Failing to See a Doctor Immediately

It is your responsibility to prove that you were injured by the attack. If you have any pain or symptoms, seek medical care immediately. Insurance companies and juries often believe that if someone does not seek prompt medical attention, the condition may not be related to the incident. Even relatively minor pain can lead to larger problems over time, so do not wait. The last thing you want is for the opposing attorney to tell a jury that you did not see a doctor until days after the attack.

2. Discussing Your Legal Claim with Medical Providers

Your medical providers are there to treat your injuries, not to manage your legal case. Whatever you tell them in confidence is not confidential once you bring a claim for injuries. Everything you say will end up in your medical records, which the insurance company and potentially a judge or jury will review. Tell your providers how you were injured and describe your symptoms fully, but keep conversations about your case and your attorney out of the exam room.

3. Hiding Your Prior Health History

Medical providers will typically ask whether you have had prior injuries to the same area of your body. Be honest. Attempting to conceal prior problems will not work, as all previous medical records will eventually become available to the insurance company. Incomplete or inaccurate information not only affects the quality of your care but can seriously damage your credibility and your case.

4. Missing or Arriving Late to Medical Appointments

When you fail to attend an appointment, your medical record will note a "no show" or "DNS." More than one missed appointment will not only frustrate your medical providers but will be used against you to suggest that your injuries were not as serious as claimed. Doctors who are unhappy with patients often do not make strong witnesses on their behalf. If you must reschedule, call at least 24 hours in advance.

5. Not Telling Your Doctor How Your Injuries Affect Your Work

Your medical records are the foundation of your injury claim. If there is no documentation in those records of how the dog bite is affecting your ability to work, it is unlikely that a jury or insurance company will simply take your word for it later. If your injuries are impacting your job performance or keeping you out of work entirely, make sure you communicate that clearly to your healthcare provider at every appointment.

6. Allowing Pain to Be Poorly Documented

Pain is something a medical provider cannot see or touch, but they are required to document it in your records. Insurance adjusters and juries will look closely at how quickly you reported pain after the attack, where the pain was located, how severe it was, and how long it lasted. Writing out your pain and limitations before appointments and providing your doctor with a copy can help ensure this information makes it into your records. Do not exaggerate, as inconsistencies between what you report and how you present physically will result in negative notations that hurt your claim.

7. Not Taking Medications as Prescribed

Doctors prescribe specific medications for specific reasons. Follow your doctor's orders. If you believe a medication is causing unwanted side effects, call your provider rather than stopping the medication on your own. Some medications must be gradually reduced rather than stopped abruptly, and failing to follow prescribing instructions gives the other side more ammunition to suggest that you did not take your recovery seriously.

8. Stopping Treatment Too Soon or Creating Gaps in Care

Stopping medical treatment does not make a serious injury disappear, but insurance companies and juries tend to assume it means you have healed. Significant gaps in treatment of a month or more are particularly damaging, as they suggest the original injury resolved and any current problems stem from a separate, undisclosed incident. If your doctor releases you but your symptoms persist, return to be evaluated and ask for a referral to a specialist if needed.

9. Failing to Keep Your Own Records

Keep the business cards, bills, and documentation from every medical provider you see. Save copies of work excuses, activity restrictions, referrals, and any other orders given to you. If you provide a work excuse to your employer, keep a copy for yourself. Your attorney will need this information to build your case, and having it organized and ready speeds up the process considerably.

10. Ignoring Anxiety or Depression Following the Attack

Dog attacks can cause post-traumatic stress disorder and other psychological conditions that are just as real and compensable as physical injuries. Pain, limited activity, and disability frequently lead to anxiety and depression following a serious injury. If you are struggling emotionally after a dog bite, tell your doctor. These conditions must be properly diagnosed and treated before they can be included in your claim. If you do not report them and seek care, you are unlikely to be compensated for them.

Do Not Wait to Protect Your Claim

The decisions you make immediately after a dog bite, from seeking prompt medical care to documenting every symptom honestly, will directly shape the value of your claim. Iowa's strict liability standard means the law is on your side when a dog owner's animal causes harm. But the insurance company will still look for any reason to reduce what they pay you, and the ten medical mistakes outlined above are among the most common ways victims unknowingly hand them that opportunity.

If you or a loved one has been bitten or attacked by a dog near Osceola, do not navigate the aftermath alone. An experienced dog bite attorney can help you understand the full scope of your damages, including nerve damage, scarring, lost wages, and emotional harm, and fight to make sure every dollar you are owed is pursued. Contact a dog bite attorney today for a free and confidential case evaluation.

When to Contact Osceola 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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