Dog bites can leave a victim traumatized. Besides inflicting serious injuries and physical pain, the unfortunate event can take an emotional toll on the affected party, adversely impacting their quality of life. While rising medical bills and lost wages can make matters worse, the law may allow legal remedy in the form of financial compensation depending on the state the incident unfolded.
This is where we come in. At Tom Fowler Law, our knowledgeable personal injury attorneys have extensive experience building claims, fighting dog bite cases, and negotiating a fair settlement. We have the skills, expertise, and resources to investigate the facts surrounding the traumatic incident to determine the liable party and hold them responsible for the damages caused.
Contact Tom Fowler Law and our personal injury attorneys today if you've suffered a dog bite injury in Des Moines, Iowa. We will help you navigate the Iowa dog bite law and guide you on your available legal options. We also expertise in explaining who pays for a slip and fall in Iowa.
Who Is Responsible for Dog Bite Injuries in Iowa?
Unlike some states, Iowa follows the strict liability rule when it comes to cases involving dog bites. Under the law, dog owners are responsible for the damages caused by their pets if they harm or kill a domestic animal or attempt to attack or injure a person.
Strict liability cases are much different than other personal injury claims. This is because the Iowa dog bite law holds dog owners strictly liable for the actions of their pets, which means that the plaintiff does not have to prove negligence or show that the defendant was aware of their dog's vicious propensities.
In a dog bite case, the injured victim only needs to show that they suffered injuries due to a dog belonging to the defendant. It's important to understand that the strict liability law extends beyond dog bites and attacks.
If a dog jumps on a person, causing them to fall, the affected party may hold the dog's owner responsible and pursue damages similar to how they would act had they been bitten.
Who Pays for a Dog Bite in Iowa?
The answer to this question is rather tricky than a simple yes or no. Most drivers on the road have a valid insurance policy, as driving without one is illegal. In the case of a car accident, the injured victim may be able to file a claim against the negligent driver's insurance company to recover the damages.
Determining and tapping into a source of compensation can be much more challenging following a dog bite. This may be due to a lack of insurance coverage. Fortunately, even though homeowners insurance is not mandatory in Iowa, most mortgage lenders require this type of policy, which may cover dog bite injuries.
Depending on the facts surrounding the case, injured victims may be able to bring a civil action against the dog owner's insurance company. The insurer will assign the case to an adjuster, who will investigate the dog bite claim before accepting or rejecting it.
That said, it's important to remember that if the dog owner doesn't have a valid insurance policy, the road to financial recovery may be long and uncertain. Dog bite victims may sue the defendant directly, but if they don't have any assets or money to cover the damages caused, pursuing civil action could be expensive and a waste of time.
In some situations, a landlord may be liable for any serious injury caused on their property by a vicious dog. While it could create grounds for a premises liability claim, such circumstances can complicate the legal process and make it difficult for the victim to become "whole" again.
The best way to approach a dog bite claim is to work with a skilled personal injury attorney. They can assess the situation before creating a legal plan to ensure maximum compensation. They can also help in insight on who pays for a wrongful death in Iowa.
What Are the Exceptions to Strict Liability Dog Attack Laws in Iowa?
Although dog owners are directly responsible for the harm caused by their pets in Iowa due to strict liability laws, there are some exceptions to this, including the following:
The victim was involved in an unlawful act, such as trespassing on private property.
The victim was provoking the domestic animal prior to the dog attack.
The dog had rabies at the time of the attack, and the owner was unaware of this.
What Are the Damages a Dog Bite Victim Can Recover in Iowa?
Similar to personal injury cases, there are two main types of damages an injured victim can recover following a dog attack, and these include the following:
Economic Damages
When a dog bites or attacks a person, it can cause serious injuries, leading to economic losses. Under Iowa law, these damages are recoverable and include medical expenses, lost wages, and property damage.
Non-economic Damages
Besides paying for medical bills and other out-of-pocket expenses, a dog bite can also affect the victim mentally. These are often referred to as non-economic damages, and fortunately, under Iowa law, affected parties may be able to pursue these as well. They include pain and suffering, emotional trauma, mental anguish, and reduced quality of life, among others.
Should Injured Dog Bite Victims Work with a Personal Injury Attorney?
Although the law doesn't require injured victims to prove negligence following dog attacks, there are many other legal obstacles that the affected parties must overcome. While they can choose to fight their claims and lawsuits without an attorney, working with a dog bite lawyer in Des Moines can help navigate these intricacies and avoid the pitfalls associated with such civil actions.
One of the major challenges a dog bite victim faces is determining damages. While economic losses are easy to calculate, figuring out non-monetary damages can be far from challenging.
The impact of pain and suffering or emotional trauma after a dog bite incident can vary from one person to another. Most victims often fail to calculate monetary damages properly due to a lack of expertise, leading to undervalued or overvalued claims, which can negatively impact their chances of recovering fair compensation.
A skilled personal injury attorney will work closely with the affected party, their family members, experienced medical doctors, and other reputable professionals to determine the extent of the damages caused and estimate the total losses incurred as accurately as possible. This ensures that the claim is not undervalued or overvalued, reducing the risk of denial or rejection.
Schedule a Free Consultation with Tom Fowler Law and Hold the Dog Owner Responsible for Your Injuries!
Navigating dog bite claims can be tricky, as there are many elements that the victim must consider to strengthen their case. Fortunately, Tom Fowler Law is here to help affected parties in Des Moines, Iowa, by holding dog owners liable for the damages caused.
Call us to schedule a free consultation with our experienced personal injury attorneys to discuss your case and fight for the compensation you deserve!
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