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A dog attack in Parkersburg can leave a victim with painful wounds, the risk of infection, and a lot of uncertainty about what comes next. Knowing the warning signs of infection, understanding what evidence is needed to support a claim, and recognizing when it makes sense to bring in a dog bite lawyer can all make a real difference in a full recovery, both physically and financially.
Below is an overview of three important topics for Parkersburg dog bite victims: common types of dog bite infections and their symptoms, what evidence is needed to support a dog bite claim, and when it makes sense to hire a dog bite lawyer in Iowa.
Common Types of Dog Bite Infections
About one in five dog bites require medical attention, according to the Centers for Disease Control and Prevention, and approximately 15 to 20 percent of dog bite wounds become infected. Anyone bitten by a dog in Parkersburg should know the risk factors and symptoms to watch for so early intervention and treatment can begin.
Common Pathogens Found in Dog Bites
A dog bite infection depends on several co-existing factors, and many infections involve multiple microbial organisms from the dog's saliva, the recipient's skin, and the surrounding environment. One of the most common pathogens in dog bites is Capnocytophaga, a germ naturally found in a large percentage of dogs' saliva. The rabies virus is also a serious concern, since dogs are responsible for the vast majority of rabies transmission to humans worldwide, and the infection is often fatal. Other infections associated with dog bites include Pasteurella multocida, Pasteurella canis, and various strains of Staphylococcus and Streptococcus. Because other infections can develop as well, it is important to see a doctor after any animal bite.
Risk Factors for Infection
Certain victims are more susceptible to infection than others, including those of advanced age, children, and people with suppressed immune systems. The severity of the wound also plays a role, since deeper and more open wounds carry a greater risk of infection. Other risk factors include the presence of a chronic disease such as cancer, heart disease, or a prior splenectomy, an unknown status of the dog's immunization records, a susceptibility to edema, alcohol consumption, and poor wound care.
Symptoms of Infection
The signs of infection from a dog bite are similar to other types of infection. Anyone who notices swelling or redness around the wound, an area that becomes very warm to the touch, an accumulation of yellow or white discharge, fever or chills, swollen lymph nodes, red streaks around the wound, achy muscles, or headaches should call a physician right away or seek emergency care.
Iowa's Strict Liability Law
Iowa is a strict liability state, which means that if a dog bites someone who was not doing anything illegal at the time, the dog owner is liable for the resulting injuries. This includes injuries sustained during a dog attack. Some states follow a so-called "first bite" rule, requiring a victim to prove the dog had bitten someone before or was known to be dangerous prior to the attack. Iowa does not impose that burden, and dog owners here are responsible for the actions of their dogs in nearly every situation.
What Evidence Do You Need for a Dog Bite Claim?
Because Iowa imposes strict liability regarding dog bites, the owner of a dog is liable for all damages caused by the dog unless the victim was performing an illegal act at the time of the attack. Under statutory law, a dog bite victim does not need to prove negligence. Under case law, however, more evidence may be required to recover the full extent of damages.
Evidence Needed Under Statutory Law
Pursuing a claim under statutory law is relatively straightforward. A Parkersburg victim generally needs to establish that the dog in question was the dog that caused the bite, that injuries resulted from the bite or attack, and that the victim was not doing anything illegal at the time. Beyond these three elements, relatively little else needs to be established.
Evidence Needed Under Case Law
To recover damages under common law, or case law, a victim must establish the negligence of the dog owner. Proving negligence can allow for a greater damages award, including compensation for pain and suffering. Courts generally consider a dog owner negligent when the owner knew the dog was dangerous but failed to restrain it. For example, if a dog had rabies and the owner knew or reasonably should have known about it but failed to control the dog, that would constitute negligence. The same is true if a dog had bitten someone in the past and the owner failed to properly restrain it afterward.
To recover damages under case law, a Parkersburg victim generally needs to prove that the owner knew or should have known of the dog's dangerous nature, that the owner failed to take action to prevent the bite or attack, that the dangerous dog bit or attacked the victim, and that injuries resulted from the bite or attack. Establishing these elements makes it possible to recover damages for the full extent of the injuries suffered.
When You Need a Dog Bite Lawyer in Iowa
After a serious dog attack, a Parkersburg victim may face hospitalization, surgery, and extensive time away from work. While focusing on recovery, having a dog bite lawyer fighting for those rights can make a significant difference. A lawyer who is a good fit for the case should understand the pros and cons of Iowa dog bite law and be able to clearly explain the available legal options.
Why Handling a Claim Alone Can Backfire
Attempting to handle a dog attack case without an attorney can spur resentment, particularly when the victim is not familiar with what needs to be said to have the claim settled fairly and efficiently. It is not uncommon for a victim to make accusations that are not necessary under Iowa dog bite law. With the guidance of an attorney, the victim can leave accusations to the lawyer, which can make the entire process less stressful.
A skilled attorney generally will not confront a dog's owners, try to make them feel guilty, or threaten to have the animal euthanized unless doing so is truly necessary, and even then the attorney would first seek the client's permission. If a victim prefers a gentler approach, perhaps because the dog belonged to a neighbor and they do not want litigation to damage the relationship, the case can be handled accordingly.
Accounting for Future Medical Needs
Another benefit of hiring a dog bite attorney is that future medical care, such as treatment for scarring or disfigurement, can be factored into the claim. An attorney will not just address current medical bills but will also consider future expenses, such as plastic surgery. Severe injuries can require multiple surgeries, long-term physical therapy, or extended rehabilitation, and all of these potential future expenses should be accounted for in the claim.
Additional missed time from work often accompanies these injuries, and a Parkersburg victim could be entitled to compensation for those financial losses as well. An attorney can help calculate the full extent of these losses under Iowa dog bite law. The emotional trauma of a disfiguring injury can also be significant, since visible scarring to the face, hands, arms, or legs can serve as a painful, lasting reminder of the attack. Compensation may be available to address this scarring, and a good attorney will ensure it is included as part of the overall claim.
Choosing the Right Attorney
In addition to choosing an attorney who has handled these types of claims and understands Iowa dog bite law, it is important to choose someone trustworthy. Reviewing references can be a helpful way to determine whether a particular attorney is the right fit for a Parkersburg victim's case.
It is also worth remembering that hiring a dog bite lawyer is not the same as filing a lawsuit. Often, an attorney is needed simply to present the case to the insurance company so it can be resolved without going to court. Hiring an attorney generally gives an injured Parkersburg resident a much better chance of obtaining a fair and full settlement.
When to Contact Parkersburg 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.