Last weekend Adam E. Vanous of Ames was charged with an OWI. He injured himself and four other people. The accident happened, because he failed to stop at a stop sign which caused him to crash into a car driven by Brenda S. Gregory of Boone. Brenda was turning left onto 190^th Avenue from Highway 17 when the car driven by Adam Vanous collided with her car. Brenda was taken to Iowa Methodist Medical Center and is listed as being in serious condition. Ronald E. Gregory of Boone was a passenger in Brenda’s car. He was taken to Mercy Medical Center and is in fair condition as of yesterday according to the Ames Tribune.  The investigation of this accident is ongoing.

You never know when something like this might happen to you or a loved one. This is a great example of why you should think twice about drinking and driving. Our team at Walker, Billingsley & Bair is here to help with your questions and concerns if you or someone you know has been injured in an accident.

 Learn more about how to deal with a car accident:

Visit our Injured Iowan Website

Watch a video about dealing with your car accident

Contact Walker, Billingsley, & Bair about a free consultation

Under the current law the owner of a dog “shall be liable to a injured party for all damages done by the dog, whether attacking or attempting to bite a person, except when the party damaged is doing an “unlawful act” (example: a burglar breaking into a home is not allowed to recover if bitten by a dog).  This is a lower standard than other personal injury cases where you have to prove negligence, recklessness, etc.   

Just like many other cases, there are rules and regulations that you need to understand to get a further understanding of your dog bite case. If you are knowledgeable and know your rights you will not only know what to do and expect but also be able to determine if you need an attorney in your case. 

There are common myths about dog bites that you should know about: 

Ø  When you are bitten by a dog in Iowa you have to prove the dog was vicious or had attacked someone before. 

Ø  The insurance company for the person who owned the dog is obligated to pay your medical bills and lost wages as they are incurred. 

Ø  When you are bitten by a dog and the insurance company asks for a recorded statement, you have to give it to them or they won’t settle with you.  

You can read the complete list of myths and misconceptions regarding your dog bite claim by requesting a Free copy of our book here.  

Along with knowing what to expect when you are bitten by a dog, it is important for you to be aware of the benefits Iowa Law entitles you to recover if you or a loved one is injured by a dog.  

1. Medical Expenses: The cost of all reasonable and necessary medical expenses incurred and those reasonably certain to be incurred in the future because of your injury are recoverable. These expenses include past (already-incurred) medical expenses and future medical expenses, which may be caused by the original injury or injuries that result from an increased susceptibility to future injury.  All forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management are included.

2. Pain and Suffering: Ordinarily, the most “valuable” element of your bodily injury claim is the right to compensation for physical pain and mental anguish you have suffered and will suffer in the future because of your injury.  These general damages are in addition to and may be far more than the amount of your lost earnings and medical expenses.

3. Loss of Full Mind and Body: This part of your bodily injury claim is designed to reimburse you for any loss of function or use of your body or mind.  These damages are in addition to your other damages. 

4. Disfigurement: If the injury causes scarring or other unsightly marks, you are entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement caused by the dog bite injury.

 Prevention: 

There are measures you can take to prevent becoming a dog bite victim. If you decide to get a dog, before you bring it into your home you should: 

·         Talk with a vet or breeder to see what breeds of dogs would best suit your household and family 

·         Spend time with the dog you are thinking about buying or adopting 

If you do decide to bring a dog home you need to have it spayed or neutered. You should teach your dog to socialize with your family and to play nicely; wrestling around with your dog may teach the dog that being rough with people is acceptable which can lead to biting or other aggressive behavior.  

If you have young children in the home it would not be a good idea to leave the dog alone with your child or children. The dog might seem gentle or might not appear to be rough towards the children; however, you never know what can happen.  

KCCI in Des Moines recently reported a near death experience a baby had with a family dog in Kentucky that they thought was no harm to their child. People tend to love and treat their pets like the rest of the family, but you need to make sure they aren’t a threat in any way to your loved ones before you make the decision to have a dog in your home.   

Learn more about how to deal with your dog bite: 

Visit our Injured Iowan Website

Watch a video about taking care of your dog bite claim

Request a Free copy of our Consumers Guide to Dog Bites Book

Contact Walker, Billingsley & Bair about a free consultation 

Why offer a Free Book?  For more than 20 years Iowa Personal Injury Attorneys Corey Walker and Erik Bair have represented hundreds of injured Iowans including many dog bite victims.   They have seen too many people make mistakes before they had the “right” information resulting in them losing thousands of dollars.  Whether you or a loved one have been bitten by a dog or are just around dogs this book is available to you.  Finally, you can learn about dog bites in the comfort of your own home with no risk or obligation. 

Car accidents are the most common type of personal injury accident. For more than 100 years Iowa Courts have recognized a person's right to bring a claim against another for injuries caused by fault, also known as negligence.  Whenever you are hurt by anyone's negligence, recklessness or carelessness including that of another car driver, corporation, manufacturer, store merchant, or someone else you have a "personal injury" claim.  

Types of Personal Injury claims:

• Car and motorcycle accidents (injuries caused by a negligent driver);
• Dog bites (injuries caused by a dog or other animal);
• Falls (injury because someone did not take care of the walkway for example);
• Nursing home (injuries sustained by a resident of a nursing home); and
• Product liability (injury by harmful product), are all subtypes of personal injury cases.

Personal injury matters can be difficult to deal with and you may have lots of questions about what you should be doing. There are many misconceptions and myths that you need to know about. Our firm has found that insurance adjustors and inexperienced lawyers seem to be the number on complaint that we hear from potential clients and our clients.  

INSURANCE ADJUSTORS: 

1. A common misconception is that the insurance adjustor is there to help you with your injury case, in spite of the type of case that you have.

2.      The insurance adjustor works for the other side and has no duty to protect your rights or even tell you what the law is.  

3. Just because you are levelheaded with the insurance adjustor does not mean that the insurance adjustor will be reasonable with you.  Keep in mind, insurance companies would rather collect premiums than pay claims so they train their adjustor to pay you as little as possible.  Sometimes this means deliberately frustrating you in hopes that you will give-up and go-away.

4.      If you choose to try to handle your case on your own, it is imperative that you do not lose your temper or make threats to the insurance adjustor.  If the adjuster makes an outrageously low offer, it may be difficult not to show your frustration. In the eyes of the adjustor it means that you have a short temper which will certainly not help your case or convince the carrier to offer you more money.

5. Often when you have been injured the insurance adjustor will ask you to provide a recorded statement.  Sometimes, they will even tell you that you must give them a recorded statement before they will consider your claim.  While this can be correct if you are making a claim against your own insurance company, for example in a property damage claim, uninsured or underinsured motorist claim, you are generally not required to give a recorded statement to the insurance adjustor for the other party.  

6. The reason that they want the recorded statement is so that they can ask you questions before you are ready to answer them. For example, the adjustor may ask you "Have you ever had neck pain before?"  Your immediate response may be "No".  Well, if you previously saw your family doctor or a chiropractor at sometime in your life and mentioned neck pain this can create a real problem because your credibility is very important.  

When answering a question like this most people are thinking "No, I have never had neck pain like this before", but that is not the question asked.  So a single wrong answer to a question that you are not prepared for or do not understand can cost you thousands of dollars in your case.  It is unusual that giving a recorded statement to the other party's insurance adjustor in a personal injury or car accident case will help your claim.

1. Every Iowa lawyer can advertise that they handle personal injury cases even though they may have never handled a single case.  What you need to look for is a lawyer who advertises

"Practicing primarily in personal injury” This means that the lawyer has certified with the Iowa State Bar Association that at least 40% of their law practice involves personal injury and that they have spent at least 15 hours per year taking continuing education classes about the changing personal injury laws.  

2. Often clients will come to see me after they have fired a lawyer they found in the phone book who advertised as a personal injury or car accident lawyer.

3. Iowa's personal injury laws are far too complex for someone with no knowledge and experience to represent a person seriously injured. Only a qualified Iowa personal injury lawyer can make sure that your rights are protected and that you are treated fairly in your case.

4. Another thing to look for when searching for a lawyer is what results they have obtained for their clients and what their past clients have to say.  Don't take "all my cases are confidential" as an answer.  Ask yourself, do you want someone representing you with a proven track record or do you want to take a gamble on the lawyer you chose.  If a lawyer has obtained good results for past clients and past clients have good things to say, then chances are they are qualified to represent you.  

5. Clients often wonder how they can pay a lawyer to help with their personal injury case. First, most qualified Iowa injury lawyers will provide you with an initial consultation at no cost.  Also, most personal injury cases are handled on a contingency fee.  A contingency fee means that if you do not make a recovery then you will not owe any fees.  The lawyer being paid fees is contingent upon you being paid.  If you receive money for your injuries then the lawyer will receive a percentage of what you receive.

Whether you live in Des Moines, Iowa City, Knoxville, Cedar Rapids, Ft. Dodge, Waterloo and Marshalltown or even outside of the state of Iowa, you ought to find an experienced personal injury lawyer to help you.

 Learn more about how to deal with a car accident:

Visit our Injured Iowan Website

Watch a video about dealing with your car accident

Request a Free copy of our Car Accident Book 

Contact Walker, Billingsley, & Bair about a free consultation