Pocahontas Dog Bite Injury Attorneys

Being attacked by a dog can be a scary and dangerous situation. If you or a loved one has been bitten by a dog near Pocahontas, here is what you need to know about Iowa's strict liability law, the medical treatment you may need, and how to get your medical bills paid while your claim is pending.

Does It Matter if a Dog Has Bitten Someone Before?

There is no "one-bite rule" in Iowa, which in other states requires a dog to have previously bitten a person or acted in a manner that would make the owner aware of the dog's propensity to bite before the owner can be held liable for damages. Whether the dog has bitten somebody previously or not has no effect on a victim's ability to recover compensation from the dog owner in Iowa.

In fact, dog owners in Iowa are strictly liable for damages caused by their dog if it bites or attacks a person. Victims do not have to prove the owner was negligent in order to recover damages. To win their case, a claimant needs only to prove that the dog bit them, that they suffered damages, and that the defendant owns the dog. They should also demonstrate that they were not engaged in illegal activity, such as trespassing, at the time of the bite.

Why Do Some Dogs Bite People?

Dogs show aggression for different reasons. They might be territorial, possessive, protective, or even afraid. Biting can also be a learned behavior, and a dog's training and environment may make it more or less likely to bite. If a dog is in an abusive home, for example, it might become more aggressive and more likely to bite.

Owners whose dogs have previously bitten a person should take steps to avoid a repeat attack. Many Iowa city ordinances declare a vicious dog to be any dog that has attacked a person or that has a disposition to attack, cause injury, bite, or snap at a person, and some cities preemptively classify certain breeds as vicious as well. Dogs declared vicious under these ordinances must typically be confined in a house, pen, or kennel, or kept on a leash of no more than six feet, and cannot be leashed to an inanimate object like a tree. Ordinances vary by city, so it is worth checking any applicable local laws that may apply in the Pocahontas area, whether your dog has bitten somebody or has a propensity to bite, or you were the one bitten.

What Legal Options Do Bite Victims Have?

People who are victims of dog bites can file a personal injury claim or lawsuit against the dog owner. Bite victims may recover both economic and non-economic damages in a dog bite case. Economic damages include things like medical expenses, lost wages, and out-of-pocket expenses associated with the injury, while non-economic damages include things like pain and suffering and disfigurement. If you were bitten near Pocahontas, contact a qualified attorney familiar with these cases. While the standard for liability is low in a dog bite case, an attorney can help victims receive fair compensation for the damages they have suffered.

What to Do After a Dog Bite in Pocahontas

Unfortunately, most serious dog bites occur to children. If you or a loved one is bitten by a dog, the first thing you should do is call 911 so police and the 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 are called to investigate and determine who the dog owner is. If the dog and its owner cannot be identified, you may be looking at rabies shots if the dog's rabies status is unknown. Police will usually try to track down the dog owner and then ask for proof of rabies vaccination from the owner or the dog's veterinarian. If vaccination cannot be confirmed, the dog will likely be quarantined to see if it exhibits rabies symptoms, which helps determine whether rabies shots are needed.

Besides your health, if the dog or its owner is not found, there will be no source for you to recover for your injuries. If the owner is found, hopefully they own a home with insurance coverage that can provide compensation. If they rent instead, hopefully they have purchased renters insurance covering the actions of their dog. If the dog owner has no insurance coverage at all, you will need to consider whether they have assets you can pursue and whether it is worth the time and effort to do so.

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 surgery. Once the immediate rabies concern is addressed, physical and emotional scars still need to be dealt with. If you or your loved one experience flashbacks to the attack, difficulty sleeping, anxiety, or fear of dogs, it is a good idea to see a qualified mental health counselor sooner rather than later so any mental health issues can be treated right away.

From a medical standpoint, after stitches are removed there may be some scarring. Your doctor will likely instruct you to avoid the sun, or to 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 bothers you, it is a good idea to obtain a consultation with a plastic surgeon. There are a number of different scar revision procedures available, including the use of lasers and chemical treatments, that can lessen the appearance of a scar.

Legal Steps After a Pocahontas Dog Bite

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 dog owner has insurance coverage, your claim should be submitted to that insurance company. The insurance company will assign an adjuster to your case 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 the adjuster with general information about your injuries and your age. However, if you or a loved one has been seriously injured, you may want to consider talking to an attorney before speaking with the insurance adjuster. The adjuster may be nice to you, but keep in mind that their job is to represent the dog owner and pay you as little as possible to close your claim. The adjuster is not your friend and is not looking out for your best interests.

A qualified Iowa dog bite attorney can help guide you through the process so you can avoid making a costly mistake. Once you hire an attorney, they will be your advocate and deal with the insurance adjuster on your behalf, answer your questions, protect your rights, and make sure you receive the compensation you should receive for your injuries.

Who Should Pay Your Medical Bills After a Pocahontas Dog Bite?

If you have been bitten near Pocahontas, do not expect the dog owner's insurance company to pay your medical bills as they are incurred. Rarely will that insurance company make payments toward your medical bills as your treatment progresses, even if liability seems obvious. Insurance companies routinely make payments only at the time of a final settlement, when they can obtain a release from you.

Instead, you should look to one of the following means to obtain payment of your medical bills: your own health insurance from your employment benefits package, health insurance you have paid for personally, health insurance obtained by your spouse or parents for your benefit, HealthCare.gov or Medicaid if you are not covered under any plan, or your own personal funds if you are uninsured and able to pay bills as they are incurred.

With medical debt rising, you may not have the funds on hand to pay every provider right away. An attorney's office can often help facilitate assignments, where you authorize the law firm to pay a medical provider directly from any settlement or verdict. These assignments often satisfy the health provider, and many will wait until the time of settlement rather than pursue collection against you in the meantime. Keep in mind that almost all insurance policies have a subrogation provision, meaning they require reimbursement if you obtain money for your medical bills from another party or insurance company, so it is worth understanding your options before you sign any paperwork after a Pocahontas dog bite.