- West Des Moines Dog Bite Injury Attorneys
- Phone: 641-792-3595
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A dog attack can happen in an instant, but its consequences, physical, emotional, and financial, can last a lifetime. Serious bites leave permanent scars, create lasting psychological trauma, and generate medical bills that extend well beyond the initial emergency room visit. Children are particularly vulnerable, and the injuries they sustain from dog attacks frequently require hospitalization, surgical repair, and ongoing mental health treatment.
If you or a family member has been bitten or attacked by a dog in West Des Moines, understanding Iowa's dog bite laws, knowing exactly what to do in the hours and days after the attack, and recognizing the full scope of compensation available to you are the three most important steps toward protecting your rights and your recovery. The attorneys at Walker, Billingsley and Bair have represented hundreds of Iowans injured in dog attacks and are ready to guide you through every stage of the process.
Iowa Dog Bite Laws: What Victims in West Des Moines Need to Know
Iowa operates under a strict liability framework when it comes to dog bite injuries. Understanding how this law applies to your situation is the foundation of any dog bite claim. Learn more about dog bite laws in Iowa and how they affect the rights of attack victims and their families.
Iowa Statute 351.28 and Strict Owner Liability
Under Iowa Statute 351.28, the owner of a dog that causes injury to a person is liable for all damages related to that incident. This is a strict liability statute, which means the owner is responsible regardless of whether the dog had ever shown dangerous tendencies before, regardless of whether there was any prior warning that the dog might bite, and regardless of whether the owner took reasonable precautions. The fact that this was a first bite or that the dog had never previously shown aggression does not shield the owner from responsibility under Iowa law.
This strict liability rule applies to the dog bite itself and to damages that flow from the attack more broadly. Iowa law is clear that liability can extend beyond the direct injuries the dog inflicted. For example, if a person is attempting to escape a dog attack and runs into the street and is then struck by a car, the dog owner can be held liable for those additional injuries under Iowa's dog bite law. Similarly, if a person is riding a bicycle and a dog chases and attempts to attack them, causing the rider to be thrown from the bike and injured, that victim may have a claim under Iowa's dog bite liability framework even if the dog never made physical contact.
Recognizing Rabies Symptoms in Dogs and Stray Animals
When the attacking dog is unknown or potentially unvaccinated, the risk of rabies exposure adds an urgent medical dimension to the situation. Rabies is a deadly virus that can spread from infected animals to humans through saliva. If an animal is behaving unusually, it is important to stay away from it and contact local animal control to investigate. Warning signs that an animal may be rabid include aggression, biting behavior, a dazed look or confused behavior, refusing water, and foaming at the mouth. Recognizing these signs can help people avoid unnecessary exposure and prompt the appropriate response from animal control authorities.
What to Do Immediately After a Dog Bite in West Des Moines
The steps taken in the immediate aftermath of a dog attack have a direct impact on both the injured person's health outcomes and the strength of any future legal claim. Acting promptly and correctly from the very first moments protects both the victim's recovery and their rights. Learn more about what to do after a dog bite, treatment options, and legal steps that protect your claim.
Call 911 and Identify the Dog and Its Owner
The first and most important step after any dog attack is to call 911 so that police and appropriate medical personnel are sent to the scene. This is especially important because dogs often do not have a collar and may flee the scene after an attack. Police investigation is frequently necessary to determine who the dog's owner is. Identifying the dog and its owner matters for two critical reasons: first, if the dog's rabies vaccination status cannot be confirmed, the attack victim may need to undergo a course of rabies shots; and second, if the owner is never identified, there may be no source from which to recover compensation for the injuries.
Once the owner is identified, the police will typically ask for proof of rabies vaccination from the owner or the dog's veterinarian. If vaccination status cannot be confirmed, the dog will likely be quarantined and monitored for rabies symptoms. Establishing whether the dog has been vaccinated as early as possible determines the immediate course of medical treatment.
Insurance Coverage and Where Compensation Comes From
Assuming the dog's owner is found, the next question is whether that owner has insurance coverage. A homeowner's insurance policy will typically provide coverage for dog bite claims. If the dog owner rents rather than owns their home, renters insurance may cover the attack. If the dog owner has no insurance coverage at all, it becomes necessary to evaluate whether the owner has personal assets that could be pursued and whether doing so is worth the time and effort involved. Identifying available insurance coverage early in the process is an important step that an experienced dog bite attorney can assist with.
Medical Treatment After a Dog Attack
Dog bite injuries can cause serious physical and emotional damage requiring a range of medical interventions. Treatment may include antibiotics to prevent infection, stitches to close lacerations, rabies shots if the dog's vaccination status is unknown or the dog tests positive, mental health counseling, and eventual scar revision surgeries. The psychological impact of a dog attack should be treated as seriously as the physical wounds. If the attack victim is experiencing flashbacks, difficulty sleeping, anxiety, or a persistent fear of dogs, seeking evaluation from a qualified mental health counselor as soon as possible after the attack is strongly advisable. Treating psychological injuries promptly produces better outcomes and also creates a medical record that documents the full scope of the harm suffered.
From a physical standpoint, once stitches are removed there is often visible scarring. Physicians typically advise patients to avoid sun exposure on healing wounds and to apply sunscreen when outdoors in order to help the scar heal as well as possible. If, after six to twelve months, a scar remains visible and continues to affect the victim's appearance or wellbeing, a consultation with a plastic surgeon is advisable. A variety of scar revision procedures are available, including the use of lasers and chemical treatments, that can reduce the visibility of scarring.
Dealing with the Insurance Adjuster
Once a claim is submitted to the dog owner's insurance company, an adjuster will be assigned to the case. That adjuster will likely request to speak with the injured person and to see photographs of the injuries. The adjuster may also ask for a recorded statement. It is important to understand that the insurance adjuster's job is to represent the dog owner and to resolve the claim for as little money as possible. The adjuster is not looking out for the best interests of the injured person, regardless of how cooperative or sympathetic they may appear.
For minor injuries, providing general information about the incident may be acceptable. However, if the victim or a family member has suffered serious injuries, it is strongly advisable to consult with an Iowa dog bite attorney before speaking with the insurance adjuster or providing any recorded statement. An attorney becomes the victim's advocate, deals with the adjuster on the client's behalf, answers questions throughout the process, and works to ensure the injured person receives the full compensation they are entitled to.
Does a Dog Bite Settlement Cover Plastic Surgery Costs?
One of the most common and consequential questions West Des Moines dog bite victims have is whether a settlement will cover the cost of plastic surgery to repair the damage from an attack. The answer is that plastic surgery costs can be included in a dog bite settlement, provided it can be established that the surgery is directly connected to the dog bite injuries and is medically necessary to repair the damage caused by the attack. Learn more about whether a settlement will cover dog bite treatment costs including plastic surgery and how to ensure all available compensation is addressed.
When Plastic Surgery Becomes Necessary After a Dog Bite
Puncture wounds, lacerations, and tears inflicted during a dog attack can cause significant scarring and other permanent disfigurement. Plastic surgery is one of the primary means of reducing the visible impact of these injuries. In some cases, achieving the best possible result requires multiple procedures over time rather than a single surgery. The need for reconstructive intervention is especially acute when injuries occur to highly visible areas such as the face, neck, and scalp. Stitches may be sufficient for some wounds, but in more severe cases reconstructive surgery such as skin grafting may be required. Complex injuries such as damage to the nose can require particularly involved reconstructive procedures.
Even after successful plastic surgery, there may be permanent and visible signs of scarring that cannot be fully corrected. While additional surgeries can sometimes provide further improvement, there are situations where no additional aesthetic result can be achieved no matter how skilled the surgeon or how many procedures are performed. This permanent disfigurement carries its own emotional weight and can cause or deepen psychological trauma for the victim.
Accounting for Future Medical Costs Before Settling
A critical consideration in any dog bite settlement is the need to account for future medical expenses, not just those that have already been incurred. If a victim is expected to require plastic surgery or additional procedures in the future, those anticipated costs must be factored into the settlement before it is finalized. Once a settlement is reached and a release is signed, the ability to pursue additional compensation for future expenses is typically eliminated. This is one of the most important reasons to consult with an attorney before accepting any offer from the dog owner's insurance company.
The Full Scope of Compensation Available in an Iowa Dog Bite Claim
A dog bite settlement typically addresses all medical costs stemming from the attack. This includes initial emergency room treatment, surgery, hospitalization, prescription medications, and the cost of any future procedures including plastic and reconstructive surgery. If the healing process from the attack or from surgeries has prevented the victim from working, lost wages during that period are also compensable. If injuries are expected to affect earning capacity in the future, those projected losses may also be considered.
Beyond the purely financial losses, there are significant non-economic damages available in dog bite cases as well. Compensation may be sought for pain and suffering, mental anguish, permanent disfigurement, disability, and the broader impact the attack has had on the victim's quality of life. The emotional impact of serious disfigurement, including the psychological consequences of living with permanent visible scarring, is a recognized category of harm in Iowa dog bite claims.
When to Contact West Des Moines 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.