Polk City Dog Bite Injury Attorneys

Broken Bones From a Dog Attack: More Common Than Most People Realize

When a dog attacks without provocation, the victim is at risk of sustaining a wide range of serious and debilitating injuries. Among the most significant are broken bones, which can range from minor fractures to severe, surgery-requiring breaks depending on the force of the attack and the size of the dog involved.

Bones that may be broken during a dog attack include those in the legs, arms, and face, such as a broken nose, as well as the hips, ribs, and in the most severe cases, the skull. In some attacks, multiple bones may be broken simultaneously. A skull fracture that affects the brain can cause permanent impairment, altering the victim's life in ways that extend far beyond the initial incident. Even a break that appears minor at first may require significant medical intervention, and some fractures will require surgery and extended rehabilitation before recovery is complete.

Iowa Dog Bite Law and Owner Liability for Fracture Injuries

Iowa State Statute Section 351.28 provides strong protections for dog bite victims. Under the law, a dog owner is almost always liable for any harm their dog causes to another person. The statute states that the owner of a dog shall be liable to an injured party for all damages done by the dog when the dog is attacking or attempting to bite a person. Iowa follows a strict liability standard, meaning the victim does not need to prove the dog had prior dangerous tendencies. The owner is responsible regardless of whether the dog has ever bitten anyone before.

There are two limited exceptions to this liability standard. The first applies when the victim was engaged in unlawful conduct at the time of the attack that directly contributed to the injury. For instance, a person who was trespassing on the dog owner's property at the time of the attack may not be protected by the statute. The second exception involves dogs suffering from rabies. A dog owner is only held liable for a rabid dog's attack if the owner knew about the rabies and failed to exercise reasonable care to prevent the attack from occurring.

What Damages Are Available for Broken Bones From a Dog Bite?

Iowa's dog bite liability standard applies to all damages caused by the attack. This means that a person who has suffered broken bones from a dog bite can recover the full cost of all necessary medical care, including initial care and examinations, imaging procedures such as X-rays, treatment, surgery, and medications.

Crucially, there is no cap on either economic or noneconomic damages in Iowa. A dog attack victim has no legal ceiling on the amount of compensation they can recover for their injuries. Beyond medical expenses, a victim may also recover compensation for lost wages, future lost wages, scarring, and disfigurement and emotional suffering. For victims who have suffered severe broken bone injuries, disfigurement and emotional damages may be recoverable as well. To preserve these rights, a claim must be filed within two years of the attack. Failing to file within that window forfeits the victim's right to any benefits.

Who Pays the Medical Bills After a Dog Bite in Iowa?

One of the most pressing practical questions dog bite victims face is who will actually pay for their medical treatment while the claim is pending. This is not a simple question, and the answer depends on several factors. What is clear is that the at-fault party's insurance company, typically the dog owner's homeowner's or renter's insurance, is not going to pay your medical bills as they come in. Insurance companies routinely make payments only at the time of final settlement when they can obtain a release from the victim. Expecting the dog owner's insurer to cover ongoing medical costs as they are incurred is a mistake that can leave a victim in financial distress during what is already a difficult recovery period.

Sources of Coverage for Medical Bills During a Pending Claim

While a dog bite claim is being resolved, there are several potential sources of coverage that victims in Polk City should explore for paying their ongoing medical expenses. These include employment-based health insurance from your own benefits package, health insurance you have purchased personally, health insurance obtained through a spouse for your benefit, or if you are a minor, coverage through a parent's plan, coverage available through the federal healthcare marketplace at HealthCare.gov or through Medicaid if you are not otherwise insured, and personal funds if you are uninsured and able to pay bills as they arise.

When none of these options are sufficient and medical debt is accumulating, an attorney's office can help facilitate arrangements with medical providers whereby the provider agrees to wait for payment until the time of settlement rather than pursuing immediate collection. This arrangement, called an assignment, involves the client authorizing the attorney's office to pay the medical provider directly from any settlement or verdict proceeds. These arrangements can protect a victim's credit and allow necessary treatment to continue uninterrupted.

Understanding Subrogation: What Happens to Your Settlement

It is important for any dog bite victim who uses their own health insurance to pay medical bills to understand subrogation. Nearly all health insurance policies include a subrogation provision that requires the insurer to be reimbursed if the insured person later recovers money for their medical bills from another party or insurance company. This means that if your health insurance paid for your dog bite treatment and you later receive a settlement from the dog owner's insurance, your health insurer has the right to seek reimbursement from that settlement. An experienced dog bite attorney can review the validity of subrogation claims and, in many cases, negotiate the amount owed to protect the victim's net recovery.

Why Hiring a Polk City Dog Bite Attorney Makes a Significant Difference

Attempting to handle a dog bite claim without legal guidance is one of the most common and costly mistakes victims make. If you try to navigate a dog bite case on your own, you risk minimizing the value of your claim, missing important deadlines, and being outmaneuvered by insurance company representatives who handle these cases every day. Hiring a dog bite attorney in Iowa levels the playing field and ensures that every available avenue of compensation is pursued on your behalf.

Understanding Iowa Dog Bite Law

Navigating Iowa's dog bite law can be complex, particularly when injuries are severe or when complications arise around questions of provocation, trespassing, or the dog's medical history. A knowledgeable attorney provides insight into how the law specifically applies to your circumstances and guides you through every step of the legal process so that you are not making important decisions without a full understanding of your rights.

Maximizing the Compensation You Receive

An experienced dog bite lawyer will thoroughly assess your claim, drawing on past case outcomes, medical evidence, and the specific requirements of Iowa dog bite law. This comprehensive evaluation helps ensure you receive compensation not just for medical expenses already incurred, but for all future costs reasonably related to your injury as well. Without this kind of thorough analysis, victims routinely accept settlements that do not reflect the true long-term cost of their injuries.

Recovering Lost Wages and Future Earning Capacity

If your dog bite injuries resulted in time away from work, an attorney can pursue compensation for those lost wages as part of your claim. This requires gathering documentation including proof of missed work time and the value of fringe benefits lost during the absence. In more serious cases, particularly those involving disfigurement or injuries that limit physical capabilities, an attorney can also calculate loss of earning capacity, which addresses the impact your injuries will have on your ability to earn income going forward. This is a distinct and often substantial component of compensation that victims handling their own claims frequently overlook.

Handling Insurance Companies and Legal Challenges

Insurance companies are not looking out for your interests. Their goal is to settle claims for as little as possible. An attorney's negotiation skills can lead to a substantially higher settlement, and in many cases can resolve a claim without the need for lengthy court proceedings. Your attorney will handle all interactions with the insurance company on your behalf, gather the evidence needed to support your claim, and where necessary enlist expert opinions to strengthen your case. This removes the burden of dealing with legal complexities from you during what is already a stressful recovery.

This protection extends even to situations where the dog belongs to a relative or friend. Many victims are reluctant to file a claim when they know the dog owner personally. Having an attorney manage the process is not only efficient but can also help avoid difficult personal confrontations by keeping the matter professional and at arm's length.

When You Should Especially Consider Hiring a Dog Bite Attorney

While minor dog bite injuries may not always require legal representation, any case involving permanent scarring, broken bones, significant lost wages, disfigurement, or psychological trauma warrants serious consideration of hiring an attorney. The greater the impact on your life, the more important it becomes to have a legal advocate who understands the full value of what you have suffered and knows how to pursue it effectively.

If you, your child, or a loved one has sustained permanent injuries from a dog attack, the guidance of an experienced attorney can prevent costly mistakes, increase the value of your case, and relieve you of the burden of managing insurance claims and legal processes during recovery.

When to Contact Polk City 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.

More Info on Polk City Attorneys