Iowa Dog Attacks Involving Children: Compensation for Facial Scarring and Trauma

There is nothing more devastating for a parent than seeing their child injured, especially in a terrifying dog attack. Because children are smaller and closer to the ground, dog bites often result in severe injuries to the face, neck, and arms. In Iowa, dog owners are held to a strict liability standard under Iowa Code § 351.28, meaning they are responsible for all damages their dog causes, regardless of the dog's past behavior. Whether the attack happened in Waterloo, Iowa City, or West Des Moines, the law is designed to protect victims, especially young ones.

A critical detail in children's cases is the time limit to take legal action. Normally, Iowa gives victims two years to sue. However, under Iowa Code § 614.8, the statute of limitations is tolled (paused) for minors. This means your child has until one year after turning 18 to file a claim. You do not have to handle the insurance adjusters or the legal paperwork by yourself. A lawyer from our directory can guide you through the process, ensuring your child receives maximum compensation for both physical scars and unseen emotional trauma.

Step-by-Step Process for Minors in Iowa

Handling a child's injury claim involves specific legal procedures to protect the settlement funds and ensure the child's future medical needs are met.

Step 1: Attacks at Neighborhood Playdates

Many dog bites involving children happen at a friend or neighbor's house during a playdate. It can feel awkward to take legal action against a neighbor, but it is important to remember that you are typically dealing with their homeowner's insurance company, not taking money out of their pocket. If a child is bitten while playing in a backyard in Davenport, the claim will likely be settled with the insurance carrier long before stepping foot inside the Iowa District Court for Scott County, Davenport. Your lawyer will handle the negotiations, protecting your neighborhood relationships while advocating for your child.

Step 2: Navigating Claims Against Relatives' Homeowner Policies

Unfortunately, a large percentage of dog bites occur at the home of a family member, such as a grandparent or an aunt. Similar to neighborhood incidents, your attorney will pursue compensation through the relative's homeowner's or renter's insurance. Insurance policies exist exactly for this reason. A skilled lawyer can professionally manage the claim, ensuring your family member is not personally bankrupted, while guaranteeing your child gets the funds needed for necessary plastic surgery down the line.

Step 3: Compensation for Psychological Trauma (PTSD)

Facial scarring is not the only lasting effect of a dog attack. Children often develop severe post-traumatic stress disorder (PTSD), night terrors, and a lifelong fear of animals. In Iowa, compensation for a dog bite includes damages for emotional distress and psychological counseling. Your attorney will work with child psychologists to document the mental trauma, ensuring the insurance company pays for therapy sessions to help your child recover mentally as well as physically.

Step 4: Securing Funds via Structured Settlements

When a large settlement is reached for a minor, Iowa courts require the funds to be protected until the child turns 18. Because Iowa does not provide a standard statewide form for this procedure, your attorney will draft an Application for Authority to Settle Minor's Claim or file a petition for conservatorship under Iowa Code § 633.555 and Iowa Code § 633.642 at a local courthouse, such as the Iowa District Court for Black Hawk County, Waterloo. The judge will review the settlement to ensure it is fair. Often, the money is placed into a structured settlement or a restricted conservatorship account. A structured settlement can pay out the funds in installments (e.g., at ages 18, 21, and 25) to pay for college or future reconstructive surgeries when the child is fully grown.

How Much Does it Cost in Iowa?

Pursuing a claim for your child should not be a financial burden on your family.

How Long Does the Process Take?

Dog bite cases involving children often take longer to resolve because doctors want to wait and see how scars heal as the child grows. It is rarely a good idea to settle the case immediately. Often, attorneys will wait 1 to 3 years to fully assess the need for future scar revision surgery. Once the full extent of the damages is known, negotiating with the insurance company usually takes 3 to 6 months. If a lawsuit is filed, it can take over a year to reach a trial.

Frequently Asked Questions (FAQ)