- Williamsburg Dog Bite Injury Attorneys
- Phone: 641-792-3595
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A dog attack near Williamsburg, Iowa can leave physical, financial, and emotional damage that takes months or years to recover from. If you have been bitten or attacked, three areas of knowledge are essential before you make any decisions about how to proceed: understanding Iowa's dog bite law and what the rules say about dogs that have bitten before, knowing exactly what not to say or do when the insurance adjuster contacts you, and understanding the full scope of what a qualified Iowa dog bite attorney will do to protect and advance your claim. This article covers all three in detail.
Iowa Dog Bite Law: Strict Liability, Prior Bite History, and What Dog Owners Are Required to Do
Iowa does not follow the "one bite rule" that some other states apply. Dog owners in Iowa are strictly liable for damages caused by their dog biting a person, subject to very limited exceptions. Understanding both the strength of that protection and the practical rules governing dogs with a prior bite history gives you a clearer picture of where your case stands.
What you need to prove under Iowa's strict liability standard: To win a dog bite claim, you need to prove only that the dog bit you, that you suffered damages as a result, and that the defendant owns the dog. You should also demonstrate that you were not engaged in any illegal activity such as trespassing at the time of the bite. Whether the dog had bitten someone previously is not required to establish liability. Iowa law is clear that owners are responsible regardless of the dog's prior history.
Why Do Dogs Bite?
Dogs show aggression for a variety of reasons including territorial instincts, possessiveness, protective behavior, fear, and in some cases, learned behavior. A dog's training and living environment can make it more or less likely to bite. A dog that lives in an abusive environment may become more aggressive over time, even if it never showed aggression initially. Understanding what drives a dog to bite does not change an owner's liability, but it can be relevant context when your attorney builds your case.
What Iowa Law Requires of Owners Whose Dogs Have Previously Bitten
Iowa ordinances declare a vicious dog to include any dog that has attacked a person, or any dog that has shown a disposition to attack, cause injury, bite, or snap at a person. If a dog has previously bitten someone and is classified as vicious under a local ordinance, the owner faces specific legal obligations about how that dog must be confined. Owners of vicious dogs must ensure the dog is kept in a house, pen, or kennel. If the dog is let out of its enclosure, it must be on a leash no more than six feet in length. Tying the dog to a tree or other inanimate object does not satisfy the confinement requirement. Ordinances vary by location, so victims and owners should review the applicable local laws. Always report a dog bite to the appropriate authorities after any incident.
People who are the victims of dog bites can file a personal injury claim or lawsuit against the dog's owner. Bite victims in Iowa may recover both economic and noneconomic damages. Economic damages include medical expenses, lost wages, and out-of-pocket expenses related to the injury. Noneconomic damages include pain and suffering and compensation for disfigurement. A prior bite history does not need to be proven to establish the owner's liability, but it can be relevant evidence when establishing the extent of the owner's knowledge and when arguing for the full scope of damages you are seeking.
For more on Iowa's dog bite laws and prior bite history, read What Is the Law for Dogs That Have Previously Bitten Somebody? at iowainjured.com.
What Not to Do When Talking With the Insurance Adjuster After a Williamsburg Dog Bite
Like most Iowans, you may have dealt with an insurance company before for a property damage claim such as a car accident or hail damage. Those interactions are very different from what happens when you file a personal injury dog bite claim. Insurance adjusters who handle injury claims are trained professionals who use specific techniques and language to settle cases as quickly and inexpensively as possible. Knowing what not to do during these interactions is every bit as important as knowing what you should do.
Always Tell the Truth and Keep Detailed Records
The very first principle is straightforward: anything you say can and will be used against you by the insurance company and their lawyers. No matter what, do not lie. Even a small misrepresentation can permanently ruin your credibility. The best policy is to always tell the truth so you never have to worry about what you said or how it might be used. Credibility is one of your most valuable assets in any injury claim.
Second, document your damages carefully. Keep track of documents and other information that may not seem important at the time but could become critical later. Keep a diary or journal of every person you speak with and when you spoke with them. Your diary will help prove the extent of your damages, can mean a higher evaluation of your claim, and will help you recall details accurately when it comes time to describe what happened right after the attack.
What to Do If You Miss Work or Have Medical Expenses
If you sustain injuries in the attack and miss time from work, keep careful track of that time. This includes keeping doctors' excuses for missed work and tracking every appointment that required time away from your job. Review any medical bills and explanation of benefits forms you receive from your health insurance company promptly. Medical records generated at your doctor visits, physical therapy sessions, and other medical appointments are critically important evidence. They will include your description of how you were injured, your physical complaints, the doctor's examination findings, and the treatment you received. The insurance company will base its offer to you directly on this documentation.
If you fail to tell your doctors about every symptom and limitation you are experiencing, it will not be treated properly, and no one evaluating your claim will know about it. If you first begin to mention a problem weeks or months after the attack, the insurance company will claim that problem was not caused by the attack and will reduce their offer accordingly. Be thorough at every medical appointment from the very first visit forward.
If you are still experiencing problems and they are not improving, return to your doctor regularly. Failing to see a physician consistently is treated as evidence by the insurance company, and potentially by a judge or jury, that you have fully recovered. While you should not go to the doctor every day, you must see your doctors and tell them if you are still having problems. If your doctor says "follow up as needed," that means return in a few weeks if you are still experiencing symptoms.
Insurance adjusters spend hours in training learning techniques and specific language designed to settle claims as quickly and cheaply as possible. The adjuster does this all day, every day. When you are dealing with an insurance adjuster following a dog bite near Williamsburg, you need to be smart about every word you say because it can later be used against you. Insurance companies have lawyers and other professionals working for them. You should consider having a qualified professional working for you as well, specifically an injury attorney with experience handling dog bite and attack claims.
Often after a dog bite injury, an adjuster will offer a small amount of money in the hope that you will accept it and close the claim quickly. If you accept a settlement and sign the release forms, it is very difficult, if not impossible, to change your mind later, even if you discover your injuries were far more serious than you initially understood. For a property damage-only claim, you may be able to handle things on your own. But for a personal injury dog bite claim, the complexity and the stakes almost always make the expertise of an Iowa personal injury attorney essential to recovering the full amount you deserve.
Before you say anything to the adjuster or accept any offer: Request a free copy of the Iowa Consumer's Guide to Dog Bites, which includes 10 myths about dog bites and 6 things to know before talking to the insurance adjuster, or hiring a lawyer. It is available at no cost, no risk, and no obligation. Since 1997, attorney Corey Walker has represented hundreds of injured Iowans who were bitten or attacked by dogs and has seen too many clients make costly mistakes before having the right information.
For more on protecting yourself when dealing with the insurance adjuster in a dog bite case, read What Should You Not Do When Talking With an Insurance Adjuster in a Dog Bite or Attack Case? at iowainjured.com.
What a Williamsburg Dog Bite Attorney Does for Your Case
Understanding the full scope of what legal representation actually involves is important before you decide how to proceed. Depending on the nature and severity of your injuries, you may or may not require full legal representation. However, it is always advisable to at least consult with an experienced Iowa personal injury attorney. A consultation costs you nothing and can provide critical information about what your claim is worth, what mistakes to avoid, and whether professional representation is the right choice for your situation.
Before hiring any attorney, check their reviews on platforms such as Avvo and Google. The fact that an attorney says they handle dog bite or personal injury cases does not mean they handle them well. Look for reviews from prior clients that speak specifically to their experience and the outcomes achieved. You want to be confident the attorney you choose is the right fit for your type of case.
At Walker, Billingsley & Bair, every case is handled at no financial risk to you. The firm is only paid if your case is successful, with the fee based on a percentage determined by whether the case settles, goes to trial, or is appealed.
The Complete List of What Your Attorney Will Handle on Your Behalf
- Educate you about Iowa dog bite laws so you fully understand your rights and options throughout the entire process
- Gather all documentary evidence, including police and animal control reports, medical records, and billing statements related to your injuries
- Hire a private investigator, when necessary, to locate and interview witnesses to the attack
- Collect additional evidence such as photographs of your injuries, the location of the attack, and the dog involved
- Review and analyze all relevant legal issues, including prior bite history, any provocation or trespassing arguments the owner may raise, and how those issues apply to the specific facts of your case
- Speak with your treating physicians and obtain written medical reports that support your claim and fully document the nature, severity, and long-term prognosis of your injuries including scarring and disfigurement
- Analyze your insurance policy to identify any coverages that may help pay your medical bills while the claim is still pending
- Review and evaluate the validity of any liens asserted against your potential recovery by doctors, insurance companies, welfare benefit plans, or employers
- Contact the insurance company to formally put them on notice of your claim
- If a lawsuit is filed, prepare you, your witnesses, and your healthcare providers for depositions
- Prepare written questions and take depositions of the dog owner and other key witnesses
- Conduct scheduling conferences with the court to establish a trial date if settlement cannot be reached
- Prepare a formal demand package to send to the defendant in an attempt to negotiate a fair pre-trial settlement
- Prepare for potential mediation or pre-trial settlement negotiations
- Prepare all medical and demonstrative exhibits needed for trial
- Prepare you and your witnesses for their trial testimony
- File motions and briefs with the court to determine what evidence will and will not be admitted at trial
- Take your case to trial before a jury if a fair settlement cannot be reached prior to trial
- Review and analyze any verdict to advise you on whether valid grounds for an appeal exist
- Provide recommendations on whether to appeal the outcome of any trial
Free resource available to you: A free book, the Iowa Consumer's Guide to Dog Bites: 5 Insider's Secrets to Not Get Bitten by Your Claim, is available at no cost, risk, or obligation. You can review it from the comfort of your own home before making any decisions about your case. Attorney Corey Walker offers this resource because he has seen too many dog bite victims make costly, avoidable mistakes simply because they did not have the right information before speaking with the insurance company.
For the complete breakdown of what legal representation involves in an Iowa personal injury case, read What Can an Attorney Do for My Case? at iowainjured.com.
When to Contact Williamsburg 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.