There is no question that dogs are the pet of choice for most Americans, with around 58 million households reportedly owning a dog in 2024. The different types of breeds are also very diverse, from small Chihuahuas to huge Great Danes.
As such, clashes between people and dogs are quite common, and dog bite cases account for a significant number of personal injury claims.
In Iowa, it is the responsibility of the dog owner to ensure their pet is not allowed to attack people, leaving them liable to a lawsuit when this happens.
The law allows dog bite victims to file a personal injury claim seeking damages to cover their medical bills, lost wages, and emotional distress that they may have suffered during and after the attack.
However, being awarded a fair settlement is not always easy. Without a team of competent dog bite attorneys to fight for the rights of victims, negligent dog owners can launch various defenses to avoid liability.
Tom Fowler Law has the track record, experience, and compassion to assist dog attack victims seeking compensation and justice by holding dog owners responsible for their pets. A free consultation can be arranged. Our team can also assist with explaining how slip and fall settlements are calculated in Iowa.
How Much Is a Dog Bite Settlement Worth?
The average dog bite settlement amount is around $30,000 to $50,000. However, a minor dog bite settlement in which the victim's injuries are not severe can result in a smaller settlement, while serious injuries can be settled for hundreds of thousands of dollars.
Dog bite incidents vary depending on the type of dog, the age of the victim, how long the attack went on, and a variety of other factors. As such, when it comes to calculating potential compensation in dog bite cases, a good attorney can help. They can also assist with insight on how workplace accident settlements are calculated in Iowa.
Six Factors to Consider When Filing a Dog Bite Claim
The final dog bite settlement amount in a personal injury lawsuit often depends on the following six pivotal factors:
1. Damages Caused by the Dog Bites
After a dog attack, the victim needs to be able to demonstrate that they suffered injuries as well as other damages that warrant compensation.
These damages are usually divided into the following three categories:
Economic Damages
Dog bites often cause significant injuries to the victim, such as puncture wounds, scratches, disfigurement, broken bones, and concussions from a fall.
Such injuries lead to medical expenses and lost wages as the victim takes time to recover from the dog attack. In serious cases, the injuries will be so severe that the patient will need a long time to recover, in which case, future medical expenses will have to be considered.
All these and other smaller expenses, such as hiring people to help around the house, are classified as economic damages.
Non-economic Damages
Some damages are not so easy to demonstrate in court, and these are usually compensated as non-economic damages. Examples include pain and suffering, disfigurement, emotional distress, and loss of enjoyment of life.
The court will have to decide, based on evidence presented by the victim's attorney, medical records, witness statements, and expert testimonies from medical professionals, how much to award the victim.
Punitive Damages
In rare cases, the courts may decide that the actions of the dog owner warrant further punishment.
This may be because they showed a great degree of negligence in allowing the dog bite to happen, or they failed to show adequate remorse after the incident.
Either way, the court has the option of imposing punitive damages on the dog owner, which will increase the settlement amount paid to the victims.
2. Severity of the Dog Bite Injuries
There are some dogs well known for their aggression and strong bite forces. If such breeds are allowed to attack, the resulting injuries sustained by the victim can be catastrophic.
As such, the severity of the injuries caused by the dog needs to be considered when calculating the settlement amount.
3. Iowa's Comparative Negligence Laws
In dog attack cases, it is not always a simple thing to draw the line between the injured person and the dog owner's liability. Where does one end and the other begin? Comparative negligence laws are used to strike a balance between the two.
Iowa allows the victim to seek compensation from the dog owner as long as they are deemed to be less than 51% responsible for the attack. However, even if their contribution to the incident is minor, it will count against the final settlement amount they receive.
4. Proving Liability
To receive fair compensation, the victim needs to prove that the dog owner was negligent in allowing the attack to happen.
This is easier in cases where it can be shown that the owner had prior knowledge of the dog's aggressive behavior but still allowed the animal to roam free in an environment where it could cause harm to people.
5. Insurance Company Limitations
There are certain cases where the dog owner's insurer is the one responsible for compensating the victim by paying for their medical treatment and other damages.
Most dog bite cases that end this way may be limited by the maximum compensation allowed by the policy. This may make it difficult to win a fair settlement amount, even in cases where the injuries are severe.
6. Personal Injury Attorney
An experienced attorney can help present evidence in court, provide legal advice, make sure all the required paperwork is filed, as well as fight for the victim's rights. If it comes down to a battle between the plaintiff and the insurance company, having a good lawyer is essential. For more information, a Des Moines dog bite lawyer may be able to help.
Negotiating a Dog Bite Settlement
One of the reasons why victims need a lawyer is because of the need to properly negotiate the settlement for the dog bite claim. Most dog bite cases are handled through settlement negotiations, but a few do make it to court.
In general, the following steps are necessary during the negotiation process:
Conducting an initial investigation
Sending a demand letter
Negotiating a settlement amount
Filing a dog bite lawsuit
Preparing for trial
Fighting for fair compensation
Victim of a Dog Bite? Tom Fowler Law Can Help
Winning a fair dog bite settlement amount is not always easy, but a good attorney can increase the victim's chances of walking away with the compensation they deserve.
Tom Fowler Law is one of the top-rated dog bite attorneys in Des Moines, Iowa. Victims seeking settlement from negligent dog owners can visit its law office and sit down for an initial case evaluation.
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