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- Park View Dog Bite Injury Attorneys
- Phone: 641-792-3595
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A dog bite can cause more than a scar. Depending on the severity of the attack, victims can suffer nerve damage, fractures, and disfigurement that affect their daily lives for months or even years. Below, the Park View dog bite attorneys at Walker, Billingsley & Bair explain the physical injuries a dog bite can cause, how trespassing and Iowa's liability laws can affect a claim, and what an attorney actually does to help a victim recover fair compensation.
Can a Dog Bite Cause Nerve Damage?
A dog bite can cause nerve damage. A dog's powerful jaws can injure not only nerves, but also tendons, muscles, and bones. Understanding the type and severity of nerve damage is an important part of evaluating any dog bite claim in Park View.
Neuropraxia
The least serious type of nerve damage, neuropraxia stretches nerves without severing them. It can occur from crushing injuries caused by the bite or when an attack results in a dislocation or fracture. Recovery can take anywhere from a few hours to several months.
Axonotmesis
A more serious injury a dog bite can cause, axonotmesis damages nerves along with muscle and motor function. Recovery is much longer, ranging from a few months to years.
Neurotmesis
The most severe type of nerve injury from a dog bite occurs when the nerve is completely severed. If it is a clean cut, it is sometimes possible to repair the nerve through a procedure that regenerates the nerve tissue, though recovery is still a slow process. In many circumstances the damage is irreparable, and when function does not return, it can cause abnormal sensations or movements.
Signs of Nerve Damage After a Dog Bite
Motor nerves control actions and movements by passing information from the spinal cord and brain to the muscles. Signs of motor nerve damage may include weakness, paralysis, fasciculation (twitching), and muscle atrophy (muscle wasting).
Sensory nerves affect sensation, such as pain, and pass information from the muscles and skin to the brain and spinal cord. Signs of sensory nerve damage may include burning, numbness, pain, prickling or tingling, and difficulties with positional awareness.
How Nerve Damage May Impact a Dog Bite Claim
Nerve damage can occur to the face, hands, or other body parts, and it is possible that additional injuries occurred as well, such as fractures. Open wounds are at risk of infection, and a bite may cause disfigurement. These are all important considerations when determining the value of a dog bite claim. Recoverable damages include the medical costs to treat the injury, and nerve damage injuries may require surgery. If injuries are severe, cosmetic surgery may be needed to improve appearance. Lost earnings are another form of compensation that may be available, which applies to any missed time from work while healing and recovering, and may even include anticipated earnings if the attack leaves the person disabled. Nerve damage may also allow for the recovery of damages such as pain and suffering, emotional distress, reduced quality of life, and compensation for permanent scarring or disfigurement.
How Trespassing Affects Liability in Park View Dog Attack Cases
Generally, unless a dog attack victim is engaged in unlawful conduct, the owner is responsible for controlling the dog and liable for any resulting injuries. Iowa Code Section 351.28 states that the owner of a dog is liable to an injured party for all damages done by the dog when the dog is attacking or attempting to bite a person, except when the injured party was doing an unlawful act that directly contributed to the injury. If someone trespasses on a dog owner's property, the property owner may not be liable for a dog bite or attack.
Trespassing and Dog Owner Liability
Trespassing is an unlawful act, so if a bite victim was trespassing, they generally cannot pursue the dog owner for damages related to their injuries. What counts as trespassing, however, is a difficult question with many gray areas. Under Iowa law, trespassing happens either when someone enters a property without justification after receiving notice not to enter, or when a person enters without the owner's permission.
Unless a property is behind a locked gate or contains a sign discouraging visitors, there may be an implied invitation to members of the public to enter for common errands, such as selling door-to-door or asking for directions. Iowa Code Section 716.7(3) also gives the general public the right to retrieve personal property that ends up on someone else's property, as long as they do not linger and take a direct route to the item. A child retrieving a stray ball from a neighbor's yard, for example, has a legal right to do so.
When Are Dog Owners Liable or Not Liable for a Bite?
Because Iowa follows a strict liability system, dog owners may be liable for dog bites under many circumstances. A dog owner may argue that the victim was trespassing, in which case the victim may have to prove otherwise. For example, a bite victim might argue that they approached a house with no fence and no signs discouraging entry, knocked on the door to ask for directions, and were attacked when the homeowner opened the door.
If a bite victim assaults, beats, or otherwise harms the dog owner, they generally cannot claim the owner is liable for the resulting injuries. Assaults can include yelling and other threatening behavior. Robberies and other situations that excite a dog and prompt it to bite may also not warrant liability for the owner. Because the details of these cases can vary significantly from one incident to the next, it is worth discussing the specifics of a Park View dog attack with an attorney.
What Can an Attorney Do for My Park View Dog Bite Case?
Depending on the nature and severity of a dog bite injury, a victim may or may not need an attorney. It is always a good idea, however, to at least consult with an experienced Iowa injury attorney to understand the process and avoid common, costly mistakes. Not every case is the right fit for every law firm, and not every firm accepts every client who calls, since focusing on the right cases allows a firm to provide the best possible results for the clients it does take on.
Should a Park View dog bite victim decide to work with an attorney, there are many tasks the attorney can handle on the client's behalf, often at no upfront cost, since injury attorneys are typically paid only if the case is successful.
- Educate the client about Iowa dog bite and injury laws, which vary from state to state
- Gather documentary evidence, including police or animal control reports, medical records, and bills
- Hire an investigator, if necessary, to interview and locate witnesses
- Collect additional evidence, such as photographs of injuries and the scene of the attack
- Review and analyze legal issues, such as trespassing, comparative fault, and assumption of the risk
- Talk to the client's physicians and obtain written reports to support the case and fully understand the client's condition
- Analyze the client's insurance coverage to determine whether it may help pay medical bills while the claim is pending
- Review and analyze the validity of any liens asserted by doctors, insurance companies, or benefit plans against the client's recovery
- Contact the dog owner's insurance company to put them on notice of the claim
- Prepare the client, witnesses, and healthcare providers for depositions, if a suit is filed
- Prepare a demand package sent to the defendant in an attempt to settle the case
- Prepare for mediation, settlement negotiations, or trial as needed
- Prepare medical, demonstrative, and other exhibits for trial
- File motions and briefs with the court regarding what evidence will be allowed at trial
- Review the outcome of the case and advise the client on whether there are good grounds for an appeal
These tasks reflect just how involved a dog bite claim can become once liability, trespassing questions, and the severity of nerve or other injuries are all considered. Having an experienced Park View dog bite attorney manage these details allows victims to focus on healing while their claim is handled properly.
Protecting Your Park View Dog Bite Claim
Whether a dog bite results in nerve damage, disfigurement, or a dispute over trespassing, Park View victims deserve a clear understanding of their legal options. Iowa's strict liability laws generally favor dog bite victims, but exceptions such as trespassing or provoking the dog can complicate a claim. An experienced attorney can help gather evidence, deal with insurance companies, and pursue the full range of compensation a victim may be entitled to.
When to Contact Park View 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.