Suffering a dog bite injury in Nebraska or Iowa can be a shocking and disturbing experience. Whether or not the person who was bitten knows the animal or its owner, being attacked by a dog is unexpected. They may feel overwhelmed and unsure of what to do next.
At Berry Law, our experienced dog bite attorneys know the steps to take after a dog bite to protect our clients’ rights and pursue compensation for their injuries and losses. We will be their advocates as we work together to build a strong personal injury claim and ensure they receive the help needed to recover.
Step 1: Seek Emergency Medical Treatment
Dog bites can cause serious physical injuries and emotional trauma. Immediately after a dog attack, the bitten person should be seen by the emergency room, urgent care, or their doctor. If the bitten person is familiar with the dog or the dog’s owners, it may be easier to determine whether the animal is current with its vaccinations. If the bitten person is unfamiliar with the dog, there is an increased concern for disease transmission.
It is important to follow doctors’ recommendations and to schedule and attend all follow-up appointments until the injured person is discharged from care.
Step 2: Report the Dog Bite
In Nebraska and Iowa, there is a legal duty to report dog bites. The injured person should contact the local police department or animal control agency to file an official report. They should provide as many details as possible about the dog, its owner, and the circumstances of the attack. This creates an important record that can support the case later.
Nebraska and Iowa have strict liability dog bite laws. This means dog owners are liable for injuries their dog causes, even if the dog has never been aggressive or bitten before. However, evidence is still needed to prove the dog bit someone and caused their injuries. The official report helps establish key facts.
Step 3: Document the Injuries
If photos were taken of the injuries immediately after the dog bite, collect those. If no pictures were taken at the time, photos should be taken as soon as possible to show the extent of the damage. It is also helpful to take photos of the wounds as they heal to document progression and potential scarring. Additional claims can be made for scarring.
Keep copies of all medical records related to diagnosing and treating dog bite injuries. This includes ambulance reports, ER records, doctor’s notes, prescriptions, bills, and more.
It may also be helpful for the patient to track their recovery in a journal, noting pain levels, emotional state, functionality issues, and impact on daily activities. This will paint a fuller picture of how the dog bite affected their life.
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Step 4: Identify the Dog and Its Owner
Try to get the name and contact information of the dog owner. If the owner is unknown, perhaps witnesses to the attack can help identify them. The police or animal control may also assist in tracking down this information when the report is filed.
Finding the owner is important because they are liable for compensating the bitten person under Nebraska and Iowa dog bite laws. The owner may try to argue the attack was somehow the bitten person’s own fault to avoid liability. So, the more hard evidence available, the better.
It is also imperative to note the location of the attack.
Step 5: Consult a Dog Bite Law Firm
The next step to take after a dog bite is contacting a personal injury law firm that handles dog bite claims. Even if some time has passed since the attack, it may not be too late to get legal help.
When someone hires us, an experienced dog bite attorney will advise them of their rights, gather evidence to build a strong claim, handle all communications and negotiations with the dog owner and their insurance company, and fight for the full and fair compensation deserved.
Berry Law offers free initial consultations with our legal team, so questions can be answered without financial risk. The injured person should bring any evidence collected and feel free to share their story with us. If there is a case, we can start working on it immediately.
How a Dog Bite Lawyer Helps the Claim
Dog bite lawyers know the ins and outs of relevant state and local laws. They can determine the legal strength of a case and what types of damages an injured person may be entitled to. Damages often include medical bills, lost wages, pain and suffering, scarring and disfigurement, and more.
An attorney will conduct a thorough investigation into the attack, gathering key evidence like:
- Animal control and medical records
- Police reports and witness statements
- Proof of the dog owner’s insurance
- Photos and videos of the scene
- Documentation of the injuries and damages
With persuasive evidence in hand, the lawyer will draft a detailed demand letter to the dog owner’s insurance company. The letter will outline the facts of the case and the full extent of the damages and seek to negotiate a fair settlement covering all losses.
Insurance companies are businesses keeping an eye on their own bottom line. They may try to get the claimant to accept a low settlement offer that falls far short of covering their medical bills and suffering. Someone unfamiliar with the way insurance claims work might unintentionally sign away their legal rights.
That is why it’s important to work with a dog bite attorney familiar with handling these types of claims. A skilled lawyer has experience negotiating with insurance companies and knows how to present strong evidence of liability and damages to support a claim for compensation. They will handle all the back-and-forth negotiations to arrive at the highest possible settlement for the injured person.
Dog Bite Lawsuit
If the dog owner refuses to disclose their insurance carrier or if the insurance company refuses to settle the claim, the attorney may advise filing a dog bite lawsuit. In court, the lawyer will present a persuasive case showing how the owner’s negligence led to the dog bite injuries. The attorney may bring in medical experts to testify about injuries and call eyewitnesses to describe the attack.
A skilled dog bite lawyer levels the playing field against the insurance company. They show the insurer that they mean business and won’t back down until they get every dollar deserved by their client. Studies show that dog bite sufferers who hire lawyers consistently achieve higher settlements and verdicts than those who try to go it alone.
Work with a Lawyer Who Understands Relevant Dog Bite Laws
When pursuing a dog bite claim, it’s important to work with a lawyer who understands the relevant laws in the state where the incident occurred.
Nebraska Laws
Nebraska has a strict liability dog bite statute (Neb. Rev. Stat. § 54-601). It states that a dog owner is liable for any damages to a person who their dog has bitten. The plaintiff, or injured person, does not have to prove the owner knew the dog was dangerous.
Iowa Laws
Iowa has a similar strict liability dog bite law (Iowa Code § 351.28). It provides that the dog’s owner is liable to an injured person for all damages done by the dog when the dog is caught worrying, maiming, or killing a domestic animal or attacking or attempting to bite a person.
Exceptions
Both Nebraska and Iowa dog bite laws have some exceptions. The main one is if the person who was bitten was committing an unlawful act, such as trespassing, that contributed to the injury. The dog owner may try to use this, or any number of defenses to avoid liability. The lawyer will work to counter this defenses with evidence showing the injured person did nothing wrong.
Statute of Limitations
Nebraska’s statute of limitations for dog bite injury claims is four years from the date of injury (Neb. Rev. Stat. § 25-207). Iowa’s statute of limitations is two years from the injury date (Iowa Code § 614.1). This is the legal deadline for filing a dog-bite lawsuit.
While that may seem like plenty of time, it is better to consult with a dog bite attorney as soon as possible after the attack. Over time, evidence may disappear, and witness memories can fade. Giving the lawyer as much notice as possible allows them to collect time-sensitive proof and start building the strongest case right away.
Prepare for the Legal Consultation
To get the most out of the initial consultation with a dog bite lawyer, the bitten person should prepare ahead of time. They should write out a narrative of how the attack happened, including the date, time, location, and contact information for any witnesses. A file should be created with all evidence gathered to date, including photos, medical records, and police or animal control reports.
The injured person should write down any conversations they had with the dog owner, witnesses, police or animal control, and insurance representatives. Also, write out a list of questions to ask the legal team. This consultation is an opportunity to receive guidance on the bitten person’s rights and options.
Be prepared to answer questions about the circumstances of the attack, the injuries, medical treatment, and recovery. Answer honestly, and do not downplay suffering resulting from the injuries. The legal team needs the full picture to evaluate the case.
Finally, it is always good to ask about the firm’s experience with dog bite cases, its record for settlements and verdicts in similar cases, and how they would handle the case. Someone pursuing a dog bite injury claim or lawsuit should feel comfortable with the lawyer’s communication style and case strategy. They will work closely together, so it’s important to find a good fit.
Taking the Next Steps: Contact Berry Law
Being attacked by a dog is a traumatic experience with major physical and emotional consequences. Nebraska and Iowa laws entitle people suffering from a dog bite attack to seek justice and compensation through the civil legal system. They should contact a qualified dog bite lawyer today to discuss their case. There is nothing to lose and potentially much to gain.
With a dedicated legal advocate fighting for them, the bitten person can focus on healing while the lawyer handles the complex legal process. The lawyer will work tirelessly to build the strongest case possible and pursue maximum compensation.
No one has to navigate this difficult time alone. Getting an experienced personal injury attorney on the team can make all the difference. Berry Law has offices in Omaha and Lincoln, Nebraska, and Council Bluff, Iowa, to make it convenient to reach a lawyer. Call our office at (402) 466-8444 or contact us online to schedule a free consultation with our legal team.