You can seek compensation for your medical bills and other losses after an animal attack. A Roswell dog bite lawyer from Zinda Law Group can help you file a claim against the animal’s owner or their insurance company.
You can start seeking legal help after a bite incident now. Allow a Roswell personal injury lawyer to help you hold the pet owner responsible as we work to bring you fair compensation. Call or fill out our online contact form to get started.
When Can You Get Damages for a Dog Bite?
Since most dogs (roughly 98.5% each year) do not attack people, it is startling to learn that there are 100 dog attacks in the United States each hour. Perhaps it is even more unsettling that more than 50% of those attacked are children.
New Mexico uses standard law rules for dog bite injuries. Therefore, an injured person may seek fair compensation if a dog owner’s negligence caused an animal attack. Pet owners must control their dogs, and experienced dog bite attorneys in Roswell can look at liability for your claim.
Additionally, strict liability may apply if a dog with a history of aggression and attacks bit you. In this case, the owner may be automatically liable. Find out more now with a Roswell dog bite attorney.
What Should You Know About Strict Liability?
In typical strict liability cases that do not have to do with dog bites, the defendant’s intent does not matter for the case’s outcome. While the defendant’s intent still does not matter for dog bite cases, the defendant’s knowledge does.
Even if the defendant took precautions to prevent the dog from attacking, the court could hold the dog owner liable for the injury if they knew or should have known about the dog’s propensity to bite. A Roswell dog bite lawyer can provide more information.
Does New Mexico Have a One-Bite Law?
The “scienter” principle for dog bite law, sometimes called the “one bite rule,” sets strict liability apart from negligence in dog bite cases.
If a dog bite victim sues under strict liability, they have the burden of proof to show that the owner knew or should have known that the dog had a vicious propensity. A spouse’s knowledge about a dog’s vicious propensity is often sufficient to show that the other spouse knew of the vicious propensity.
If the dog owner did not know or have any reason to know that the dog would attack—for example, there was no prior history of attacks—then the victim would have a negligence claim.
Should You Find a Roswell Dog Bite Attorney Near You?
A dog bite lawyer in Roswell, NM, will know how to interpret the common law for dog bite injuries. A dog bite victim needs someone at their side to help determine the type of claim they should file and the details of where to file and when.
Researching on your own is especially difficult for common law claims since the state does not clearly state law in a statute; a person arguing a dog bite claim in New Mexico must be able to interpret cases in a way that is both in keeping with the law and favorable to their case.
What Are the Benefits of Hiring a Dog Bite Attorney?
A dog bite attorney in Roswell already knows about the important cases for dog bite litigation and can take the burden of research from you.
When you have an experienced advocate at your side, you know that you are not sinking more energy and money into your claim than the amount you could receive in compensation. Suppose you inform the lawyer about the owner of the dog who bit you. In that case, the lawyer can help you with the investigative work by contacting the dog owner and the dog owner’s lawyer.
Next, your Roswell dog bite lawyer can help you negotiate a settlement with the defendant or his insurance. Rather than allow the insurance company to poke holes in your case, you can have your advocate fight in your case.
When Should You File a Dog Bite Complaint?
In order to make sure your dog bite claim is good, you will have to comply with the specific court rules. The statute of limitations is one of the most devastating rules for an otherwise valid complaint.
The statute of limitations defines how long the plaintiff has to file a complaint after the event that caused the injury takes place. New Mexico’s statute of limitations for personal injury claims is three years. A Roswell dog bite attorney can track this deadline for you.
Note that you do not need to have all of your evidence before filing your claim. You will have time to do that in the investigative and information-gathering stage of litigation called discovery. Discovery usually takes the longest of any of the stages of litigation in a claim.
What Compensation do You Get for a Dog Bite Claim?
The most accurate estimate of the amount of compensation you could receive will come from a consultation with a dog bite lawyer. A dog bite attorney in Roswell who has argued and settled many cases like yours should be able to give you an idea of the compensation you should expect.
The amount of compensation will depend on the kind of injury you received: the more medical treatment you require, the more payment you will likely be entitled to. Of course, not all injuries from dog bites are only physical. You could also suffer psychological injuries that require treatment.
Negligent parties may have to cover the costs of your medical care. You may receive additional damages to cover your lost wages, lost earning potential, pain, emotional suffering, and mental anguish. Learn more about filing a claim for damages with a Roswell dog bite lawyer.
CASE RESULTS
What Happens If a Bully Breed Bites You?
While there are common misconceptions about which dog breeds are more aggressive, the truth is that some dogs simply cause more damage than others when they bite. One study shows that many people do not know which breed bit them, but dog bite victims often mention the following breeds:
- Pit bulls
- Mixed breed dog
- German Shepherds
- Terriers
- Rottweilers
Dogs also behave following the way they have been trained or treated. If someone trained a dog to attack trespassers, that might explain the reason for its attack. Alternatively, a dog abused by humans might bite out of fear.
Your dog bite lawyer in Roswell can help you after an attack by any dangerous animal.
Will the Dog Get Put Down If You Sue in Roswell?
Section 77-1-9 of New Mexico’s code provides that a peace officer may kill a dog that is in the act of attacking a human or is in the act of pursuing or wounding livestock or poultry.
You may have conflicting feelings about what happens to the dog that attacks you; perhaps you do not want to face having to be around the dog in the future if the dog belongs to a neighbor or family member.
Perhaps you are instead worried that the dog owner will feel compelled to put the dog down when that is not what you want. Speak with your Roswell dog bite attorney about your wishes regarding this issue.
Contact Us for Help After a Roswell Dog Bite
As we discussed, dog bites can be severe injuries that involve permanent disfigurement, psychological harm, or even death. You deserve to restore your life as close as possible to the condition that it was in before the dog attack. That restoration might require compensation for the care you need for your injury.
Compassionate attorneys care about your goals for your recovery and compensation and will consider these when advising you. Your Roswell dog bite lawyer can answer any questions you have about the legal process or your expectations while we work to get you compensated for your injuries.
Zinda Law Group’s lawyers in Roswell want to hear your story about how the bite happened and help you decide how you would like to proceed with your potential claim. Call or fill out our online contact form to get started.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free Consultation
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free Consultation
