Animal attacks, particularly dog bites, can have serious and long-lasting consequences, leading to ongoing pain, an inability to work, or an overall llower quality of life. Understanding your rights and the potential for compensation is crucial if an animal injures you or a loved one. Whether it’s a dog park incident or an attack at a zoo, knowing how to seek compensation can help you navigate the aftermath of such traumatic events and restore your life to the greatest extent possible. 

Understanding Animal Attacks and Personal Injury Claims

Animal attacks can range from dog bites to more exotic incidents involving zoo animals. In New Mexico, the warm climate and outdoor lifestyle contribute to a higher frequency of dog parks and pet-friendly areas, increasing the likelihood of such encounters. In New Mexico, areas like Albuquerque and San Juan County have seen rising reports of dog bites, prompting local authorities to enforce stricter pet control laws. 

An animal attack is any incident where an animal causes harm, intentionally or unintentionally. Personal injury claims can be pursued if the attack results in significant physical or emotional harm. For instance, a dog bite at a park or an injury caused by an improperly secured animal at a zoo might warrant a claim.

When Can You Make a Personal Injury Claim?

Determining when to bring a personal injury claim for an animal attack depends on several factors. In New Mexico, you can pursue a claim if the attack occurred due to someone’s negligence or failure to control their animal. For example, if a dog bites you at Santa Fe’s Railyard Park, and the owner failed to leash their pet as local regulations require, you likely have grounds for a claim.

Claims are typically valid when domestic animals, like dogs, cause harm. However, attacks by wild animals usually don’t lead to successful claims unless the attack occurred in a controlled environment, such as a zoo. If an animal injures you at a zoo, the zoo authorities might be liable for not providing adequate safety measures.

Liability in Animal Attack Cases

Liability for animal attacks in New Mexico varies depending on the circumstances. In cases involving domestic animals like dogs, owners can be held liable if they knew or should have known about their pet’s aggressive tendencies. This approach is known as the “one-bite rule.” If a dog has previously bitten someone or shown signs of aggression, the owner must take steps to prevent future attacks. Failure to do so can result in strict liability for any injuries caused.

In contrast, if a wild animal attacks, liability is less straightforward. Typically, there is no possible claim from a wild animal attack. However, zoos and similar institutions in New Mexico are responsible for ensuring the safety of their enclosures and preventing animal escapes. The institution may be held liable if negligence can be proven in these cases. For example, if an enclosure wasn’t properly maintained, leading to an animal to escape or a vistor to fall in, there may be grounds for a claim. 

The Process of Filing a Claim

Filing a personal injury claim for an animal attack in New Mexico involves several key steps. First, seeking immediate medical attention and documenting all injuries is essential. This medical documentation will be crucial evidence in your claim. Next, the incident should be reported to local authorities, such as animal control, especially if the attack involved a dog. This report will help establish a record of the incident.

It is also important to gather additional evidence, such as photographs of injuries, witness statements, and any relevant information about the animal and its owner. Consulting with a dog bite attorney experienced in New Mexico law can greatly aid in navigating the complexities of your case. The attorney will help file the necessary paperwork, communicate with insurance companies, and represent your interests in negotiations or court.

Understanding the statute of limitations is crucial; in New Mexico, you typically have three years from the date of the injury to file a claim. An experienced attorney can help ensure all legal requirements are met and work towards securing fair compensation for medical expenses, lost wages, and pain and suffering.

Compensation for an Animal Attack

Victims of animal attacks in New Mexico may be entitled to various forms of compensation. This compensation typically covers:

• Medical expenses, including: 
  • Emergency care
  • Surgeries
  • Ongoing treatments
• Lost wages, if the injuries prevent a return to work.
• Non-economic damages, such as: 
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

In severe cases where the attack results in permanent disfigurement or disability, the compensation amount may be significantly higher. The role of a skilled attorney is crucial in evaluating the full extent of these damages and negotiating a fair settlement. They can help document the impact of the attack on the victim’s life, gather necessary evidence, and advocate for maximum compensation.

Consequently, there is a wide range of possible outcomes after an animal attack that depends on the severity of the attack and its impact on the victim’s life. In 2022, the average cost per insurance claim for a dog bite was $64,555. If an attack causes minor injuries that don’t keep someone from working, one could reasonably expect that number to lower. However, if the injuries are significant, resulting in a permanently lower quality of life, an inability to work, or both, compensation could easily rise far beyond the average.

How Kane Helps After Animal Attacks

At Kane Personal Injury, we understand how attacks can leave their victims with lifelong consequences. That’s why we’ve helped so many receive the maximum compensation for their injuries—so they can return to their lives after the event. If an animal has attacked you or a loved one, contact us today for a free, no-obligation consultation on your case. We don’t take a dime if you don’t win your case.