Can I Sue for Emotional Distress After a Dog Bite in Nebraska or Iowa?

Dog bites don’t just leave physical scars—they can cause deep emotional and psychological trauma. From developing a lifelong fear of dogs to suffering from anxiety, depression, or Post-Traumatic Stress Disorder (PTSD), the emotional aftermath of a dog attack can be just as debilitating as the physical injuries.

In both Nebraska and Iowa, victims of dog bites may be able to recover non-economic damages for the emotional and psychological distress they’ve suffered. But how do you prove emotional trauma in court? And what kind of compensation can you expect to receive?

This article will explain how emotional distress claims work in Nebraska and Iowa dog bite cases, what kind of evidence is needed, and why hiring an attorney is crucial to recovering compensation for emotional trauma.

What Constitutes Emotional Distress After a Dog Bite?

Emotional distress is a legal term used to describe the psychological impact of an injury. While some emotional responses to trauma are temporary, dog bites can lead to lasting emotional scars that affect your quality of life.

Common Forms of Emotional Distress After a Dog Bite:

• Anxiety and Fear: Victims may develop an intense fear of dogs or experience anxiety in public spaces where they might encounter dogs.
• PTSD: Post-traumatic stress disorder can develop after a particularly violent or traumatic attack. Symptoms may include nightmares, flashbacks, and severe anxiety.
• Depression: The emotional toll of a dog bite, especially if it results in permanent scarring or disfigurement, can lead to depression, feelings of hopelessness, and social withdrawal.
• Loss of Enjoyment of Life: Victims may be unable to engage in activities they once enjoyed, such as going for walks, visiting parks, or socializing outdoors.

Emotional distress can manifest in many different ways, and its impact may be long-term. Courts in both Nebraska and Iowa recognize these injuries as legitimate, and victims can pursue compensation for their suffering.

Proving Emotional Distress in Court

While physical injuries are easy to document with photos, medical records, and testimony from doctors, proving emotional distress can be more challenging. To make a successful claim for emotional distress, you’ll need to provide compelling evidence that the trauma from the dog bite has significantly impacted your mental health and quality of life.

Evidence That Can Help Prove Emotional Distress:

1. Therapist or Psychiatrist Records: One of the most effective ways to prove emotional distress is through therapy notes or psychiatrist evaluations. If you’ve been seeing a mental health professional to cope with the trauma of the dog bite, their records can provide crucial evidence of your emotional state.
2. Testimony from Family and Friends: Those closest to you may notice changes in your behavior, mood, or mental health following the dog attack. Testimonies from family and friends can help establish the extent of your emotional trauma.
3. Personal Testimony: Your own account of how the dog bite has impacted your life is essential. Be prepared to discuss how your daily routine, social life, and mental health have been affected by the attack.
4. Expert Testimony: In some cases, a psychologist or psychiatrist may be called to testify as an expert witness. They can explain the severity of your emotional trauma and its long-term implications.

Nebraska vs. Iowa: Differences in How Emotional Distress Claims Are Handled

Both Nebraska and Iowa allow victims to seek compensation for non-economic damages, such as emotional distress, in dog bite cases. However, there are some nuances in how these claims are handled in each state.

Nebraska’s Approach to Emotional Distress

In Nebraska, victims of dog bites can pursue compensation for emotional distress as part of a broader personal injury claim. Nebraska’s strict liability dog bite law makes it easier to hold dog owners accountable for emotional trauma, as there’s no need to prove that the owner was negligent or that the dog had a history of aggression.

Iowa’s Approach to Emotional Distress

Iowa also allows victims to seek compensation for emotional distress under its strict liability dog bite law. However, Iowa’s law includes an exception for rabid dogs, where the owner’s liability may depend on whether they took reasonable precautions to prevent the attack. If a rabid dog is involved, proving negligence could become an additional hurdle.

In both states, the key to a successful emotional distress claim is providing sufficient evidence that the trauma from the attack has significantly impacted your mental health and quality of life.

Why You Need an Attorney to Pursue Emotional Distress Claims

While emotional distress is a valid claim in both Nebraska and Iowa dog bite cases, it’s one of the more difficult types of damages to prove. Insurance companies often try to minimize non-economic damages, arguing that emotional trauma is subjective or exaggerated. This is why having a skilled personal injury attorney is crucial to securing compensation for emotional distress.

How an Attorney Can Help:

• Gathering Evidence: Your attorney will help collect medical records, therapy notes, and witness testimonies to support your emotional distress claim.
• Negotiating with Insurance Companies: Insurance adjusters are notorious for offering low settlements, especially when it comes to non-economic damages. An experienced attorney will negotiate on your behalf to ensure that your emotional suffering is properly valued.
• Presenting a Compelling Case: If your case goes to trial, your attorney will present a well-documented case to the court, using expert testimony and evidence to prove the full extent of your emotional trauma.

Client Takeaway: Don’t Overlook Emotional Trauma After a Dog Bite

Dog bites can leave lasting emotional scars, and victims in Nebraska and Iowa should know that they may be entitled to compensation for more than just their physical injuries. With the right evidence and an experienced attorney on your side, you can recover compensation for the emotional and psychological toll of a dog attack.

If you’ve experienced emotional distress after a dog bite, Ironclad Injury Law is here to help. Contact us today for a free consultation, and let us fight for your right to recover compensation for both your physical and emotional injuries.