- Storm Lake Dog Bite Injury Attorneys
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Being attacked by a dog is a frightening and often traumatic experience. The physical injuries can range from puncture wounds and lacerations to severe disfigurement that requires multiple surgeries and leaves permanent scarring. What happens after the attack, and specifically how you handle your medical care and your interactions with doctors, can have an enormous impact on the outcome of your injury claim. Storm Lake dog bite victims who understand what damages are available to them, and who avoid the most common mistakes made during medical treatment, stand the best chance of receiving fair and full compensation.
The Centers for Disease Control and Prevention reports that dog bite injuries affect approximately 800,000 people every year in the United States, with injury rates highest among children between the ages of five and nine. No matter a victim's age, the consequences of a serious dog attack can be life-altering, affecting a person socially, professionally, and psychologically for years. Iowa law gives dog bite victims meaningful rights to recover for those losses, but those rights can be undermined by avoidable mistakes made in the critical period following the attack.
Permanent Disfigurement from a Dog Bite: What Injuries Occur and What Can Be Recovered
Some dog bites leave superficial wounds that require little more than cleaning and bandaging. Others tear through skin, muscle, and tissue in ways that cause severe and permanent disfigurement. Understanding the range of injuries that can produce lasting physical changes, and the full scope of compensation available for those injuries, is essential for any Storm Lake dog bite victim pursuing a claim.
Types of Injuries That Cause Disfigurement
The scarring left by a serious dog bite can cause skin to appear raised, jagged, or otherwise permanently altered. Visible wounds on the face, neck, arms, and hands are typically sutured to minimize scarring. Less visible injuries on the body may be left to heal on their own, though the results are not always predictable. When the damage to the skin is extensive, skin grafting may be required, a procedure in which skin is taken from another area of the body to repair the damaged site.
In more severe attacks, orthopedic surgery to repair broken bones may also be necessary. Reconstructive surgery or cosmetic and plastic surgery may be required depending on the nature and location of the injuries. Infection is a common concern for dog bite victims, and vaccinations or other preventive treatments may be administered as a precaution, adding to the medical costs associated with the attack.
Economic Damages Available in a Disfigurement Claim
Dog bite victims who sustain permanent or severe disfigurement may be able to recover two categories of damages: economic and noneconomic. Economic damages cover the financial costs and losses caused by the injury. This includes the medical bills already incurred for treatment, but it also includes future medical expenses if additional surgeries, such as cosmetic or reconstructive procedures, will be required down the road. Failing to account for future treatment costs at the time of settlement is one of the most significant ways dog bite victims leave compensation on the table.
Economic damages also include the income a victim loses while recovering from the attack and during any subsequent treatment periods. If future surgeries will require additional time away from work, that anticipated lost income should be addressed in the claim as well. Counseling and other forms of psychological care that become necessary as a result of the emotional trauma following a disfiguring attack are also recoverable as economic damages.
Noneconomic Damages for Disfigurement
Noneconomic damages address the human consequences of a disfiguring dog bite injury that go beyond financial losses. Compensation may be available for the severe or permanent disfigurement itself when it causes significant emotional harm. Noneconomic damages in a dog bite claim can include pain and suffering, mental anguish, and reduced quality of life. For victims who experience embarrassment over permanent scarring, difficulty in social situations, or limitations in their professional lives as a result of the visible effects of the attack, these noneconomic losses are real and significant, and they deserve to be fully represented in any claim for compensation.
10 Mistakes Storm Lake Dog Bite Victims Make When Dealing with Doctors
Being attacked by a dog leaves people feeling frightened and confused, and in that state it is easy to make decisions that feel reasonable in the moment but quietly damage a legal claim. Many of these mistakes happen in doctors' offices and during medical treatment. The insurance company assigned to the dog owner's claim will review every detail of your medical records, and what those records say, or do not say, will directly shape what they are willing to pay. Avoiding the following ten mistakes can make the difference between recovering fully for your injuries and being taken advantage of by an insurer who is looking for any reason to minimize your claim.
1. Failing to Seek Medical Attention Immediately
The victim is always responsible for proving that they were injured. Insurance companies and juries consistently believe that if a person was not hurt badly enough to seek immediate medical attention, they are not hurt badly enough to deserve significant compensation. Do not dismiss pain, even when it seems manageable at first. Minor injuries can always get worse. You do not want the first thing the insurance company's attorney says to a jury to be that you did not even see a doctor for two weeks after being attacked.
2. Failing to Disclose Your Full Medical History
Your doctor will ask about prior injuries or health problems in the same area of your body where you were hurt. Be completely honest. Doctors rely on your past medical history to diagnose and treat you accurately. Concealing prior problems from your doctor will not only compromise the quality of your care, it will hurt your legal case. All of your prior medical records will eventually be made available to the insurance company and their lawyers. If the doctor's opinions are based on incomplete information, those opinions may be attacked and rejected. Tell the truth, and tell it consistently. Do not tell your doctor that the dog had to be physically removed from you if that is not what happened. The insurance company's attorney will use any inconsistency they can find to attack your credibility.
3. Failing to Get Your Pain Accurately Documented
Insurance companies and juries will not simply take your word for it that you were in pain. They need to read about it in your medical records. They will look at how quickly you reported pain after the attack, where the pain was located, how severe it was, and how long it persisted. One practical way to make sure your pain and limitations make it into your doctor's chart is to write them down beforehand and hand the notes to the doctor at your appointment. Do not exaggerate your pain. Doctors are trained to look for inconsistencies, and if you describe your pain as unbearable while sitting comfortably in the exam room, there will likely be a negative note in your records that the insurer will use against you. When asked to rate your pain on a scale of one to ten, keep in mind that a ten represents the most extreme imaginable pain. Very few people have experienced pain above a seven or eight during their lifetime.
4. Missing or Arriving Late to Medical Appointments
When you miss a medical appointment, your record simply shows "DNS" (did not show) or "No show." No matter how valid your reason was, that explanation rarely makes it into the chart. Multiple missed appointments make it look as though you were not committed to your recovery, and irritated doctors do not make good witnesses for their patients. If you need to cancel, call well in advance and reschedule promptly. You do not want an insurance company lawyer telling a jury that you must not have been badly injured because you did not even show up for your own medical care.
5. Not Telling Your Doctor That Your Injuries Are Affecting Your Ability to Work
Insurance companies and juries need documented proof that your injury is affecting your ability to work. If your dog bite injuries are keeping you from performing your job duties, you must tell your doctor. Work limitations caused by an injury may be treatable, and they need to be noted in your medical records. Bringing written notes to your appointments to ensure you communicate everything clearly to your doctor can be very helpful in making sure nothing important is left out of the record.
6. Not Taking Medications as Prescribed
Doctors prescribe specific medications for specific reasons, and the full course of treatment matters. If you believe a medication is causing unwanted side effects, call your doctor and ask about alternatives rather than simply stopping on your own. Some medications need to be tapered off gradually, and admitting that you chose not to follow your doctor's orders can be devastating to your claim. The insurance company will argue that someone who truly needed treatment would have followed their physician's advice.
7. Stopping Medical Treatment Too Soon or Allowing Long Gaps in Care
Insurance companies and juries consistently interpret a stop in treatment as a sign of recovery. Significant gaps between appointments, say a month or more, suggest to insurers that you healed from the original injury and any new problems are unrelated to the attack. If you are still experiencing pain and your doctor tells you to "come back as needed," ask specifically how long you should wait before returning if problems persist. If your regular doctor has nothing more to offer, ask for a referral to a specialist. Continuing to seek appropriate care protects your recovery and your claim.
8. Discussing Your Lawsuit or Legal Situation with Your Doctor
Your doctor's job is to focus on your medical condition, not your legal case. Sharing your concerns about lawsuits or attorneys with your medical providers is unnecessary and can create complications. If a doctor knows treatment is the subject of a lawsuit, it may affect their willingness to provide opinions or even continue care. That said, you must always tell your doctor how you were injured, for example, that you were bitten by a dog on a specific date. And if your doctor asks directly whether you have an attorney, you must answer honestly. Whatever you tell your medical providers is not confidential once you bring a personal injury claim, and it will be available to the insurance company.
9. Ignoring Anxiety or Depression Following the Attack
Pain, limited activity, disfigurement, and disability often trigger anxiety and depression following a serious dog bite injury. Psychological conditions like these are just as real as a broken bone, even if they cannot be seen on an x-ray. You can be compensated for psychological conditions caused by your injury, but only if those conditions are properly diagnosed and treated by qualified medical professionals. If you are struggling emotionally following your attack, tell your doctor and seek appropriate treatment. Do not assume these difficulties are not part of your legal claim, because they are.
10. Failing to Keep a File of Records and Documents
Your attorney needs to know every medical provider you have seen after the attack in order to obtain your records. Keep business cards, bills, and contact information for every doctor, physical therapist, counselor, and specialist you visit. Retain all written orders, referrals, work excuses, and restrictions. If you hand a work excuse to your employer, keep a copy for yourself. Keeping a comprehensive file of all materials provided by medical providers and insurance companies ensures that nothing important is lost and that your attorney has everything needed to build the strongest possible case on your behalf. To learn more about protecting your Iowa dog bite case, request a free copy of the Iowa Consumer's Guide to Dog Bites.
When to Contact Storm Lake 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.