What to Do After a Dog Attack in New Mexico
Immediate Steps
- Seek Medical Care – Even minor bites need evaluation for infection risk
- Report to Authorities – Contact local animal control and police
- Document Everything – Photos of injuries, the dog, location, and owner
- Identify the Owner – Get name, address, insurance information
- Gather Witnesses – Names and contact information of anyone who saw the attack
- Preserve Evidence – Keep torn clothing, medical records, and bills
Reporting Requirements
- Healthcare providers must report bites to health departments
- Animal control investigates dangerous dog complaints
- Dogs may be quarantined for rabies observation
- Dangerous dog hearings may result from reports
Compensation for Dog Bite Victims
Medical Expenses
- Emergency treatment and hospitalization
- Surgeries and reconstructive procedures
- Infection treatment and medications
- Rabies prophylaxis if needed
- Physical therapy and rehabilitation
- Future medical needs and scar revision
Non-Medical Damages
- Lost wages during recovery
- Reduced earning capacity from disabilities
- Pain and suffering
- Emotional distress and psychological treatment
- Scarring and disfigurement
- Loss of enjoyment of life
Special Considerations for Children
- Long-term psychological impact
- Future scar revision surgeries as they grow
- Educational disruption
- Social development impacts
- Lifetime of potential earnings affected
Insurance Coverage and Recovery Sources
Homeowner’s Insurance
Most homeowner’s policies cover dog bites, but watch for:
- Breed exclusions (pit bulls, Rottweilers, etc.)
- Prior bite exclusions
- Coverage limits that may be insufficient
- Exclusions for business property attacks
Other Recovery Sources
- Renter’s insurance policies
- Business liability coverage
- Personal assets of negligent owners
- Criminal restitution in severe cases
Why Choose Law Giant for Your Dog Bite Case
Understanding of Trauma
We recognize dog attacks cause both physical and deep psychological wounds requiring comprehensive compensation.
Aggressive Advocacy
Insurance companies often blame victims or minimize injuries. We fight these tactics and demand full compensation.
Statewide Experience
From urban attacks to rural incidents, we understand New Mexico’s diverse communities and applicable laws.
Resources for Complex Cases
Severe attacks may require extensive medical experts, psychological evaluations, and investigative resources we provide.
Take Action to Protect Your Rights
Dog attacks can change lives in seconds, leaving physical scars and emotional trauma that last forever. You shouldn’t bear the burden of medical bills, lost wages, and ongoing treatment because someone failed to control their animal. New Mexico law provides remedies, but you need experienced advocates to secure them.
From the neighborhoods of Albuquerque to the ranches of eastern New Mexico, from mountain communities to border towns, Law Giant Injury Lawyers fights for dog bite victims throughout our state. We understand the courage it takes to pursue these claims and provide compassionate, aggressive representation.
Contact us at (505) 900-0000 or online for a free consultation. Let us handle the legal complexities while you focus on healing. Together, we’ll hold negligent dog owners accountable and secure the compensation you need for complete recovery.
FAQs About Dog Bite Injuries
Does New Mexico have a “one-bite rule” for dog attacks?
New Mexico follows a modified one-bite rule, but it’s more complex than the name suggests. You don’t need to prove a previous bite to hold an owner liable. You can establish liability by showing the owner knew the dog had dangerous propensities (aggressive behavior, growling, lunging) or was negligent in controlling the animal. This might include violating leash laws, inadequate restraint, or allowing a dog to roam freely.
What should I do immediately after a dog bite?
First, get to safety and seek medical attention—even minor bites can cause serious infections. Document everything: photograph injuries, the dog, and location. Get the owner’s information and contact details for witnesses. Report to animal control and police. Preserve torn clothing and keep all medical records. Don’t minimize your injuries or accept blame. Contact an attorney before giving statements to insurance companies.
Can I sue if the dog owner claims I provoked the attack?
Provocation is a defense dog owners often raise, but it requires actual provocative behavior—not just being present. Legal provocation means intentionally agitating or harming the dog. Normal activities like jogging past, delivering mail, or children playing aren’t provocation. Even if some provocation occurred, New Mexico’s comparative fault rules may still allow recovery, just reduced by your percentage of fault.
What if I was bitten by a stray or I can’t find the owner?
Unidentified dog attacks create challenges but not impossibilities. Report immediately to animal control and police who may identify the dog through previous complaints. Check with neighbors—someone may know the owner. Your own health insurance covers medical treatment. Some homeowner’s policies provide coverage for animal attacks. In rural areas, ranging dogs often have owners who can be located through investigation.
How long do I have to file a dog bite lawsuit in New Mexico?
New Mexico’s statute of limitations gives you three years from the attack date to file a personal injury lawsuit. However, don’t wait. Evidence disappears, witnesses forget details, and the dog may attack others. For government-owned animals (police dogs, animal shelter incidents), you must file notice within 90 days. Minor children have extended deadlines, but parents should act promptly.
Will homeowner’s insurance cover my dog bite injuries?
Most homeowner’s and renter’s insurance policies cover dog bites, but coverage varies. Some insurers exclude certain breeds (pit bulls, Rottweilers) or dogs with bite histories. Coverage typically ranges from $100,000 to $500,000. Business liability policies may apply for attacks at commercial properties. Even if the owner lacks insurance, personal assets may provide recovery. An attorney can identify all coverage sources.
What damages can I recover in a New Mexico dog bite case?
Compensation covers all losses: medical expenses (emergency care, surgeries, infection treatment, future procedures), lost wages and earning capacity, pain and suffering, emotional distress and psychological counseling, scarring and disfigurement, and loss of enjoyment of life. Children may receive additional compensation for future scar revisions and lifetime impact. Severe attacks with permanent injuries often result in six-figure settlements.
What if the dog belonged to a friend or family member?
Personal relationships don’t eliminate legal rights. You’re not suing your friend personally—you’re making a claim against their insurance. Most people want their insurance to cover injuries their dog caused. Failing to pursue claims can leave you with crushing medical debt. An attorney can handle negotiations professionally, preserving relationships while securing needed compensation.
Are certain dog breeds automatically considered dangerous in New Mexico?
New Mexico state law doesn’t designate specific breeds as automatically dangerous, though some local ordinances have breed-specific regulations. Each dog is evaluated individually based on behavior, not breed alone. However, insurance companies may treat certain breeds differently. Courts consider the specific dog’s history and the owner’s knowledge of aggressive tendencies, not breed stereotypes.
What if I was bitten while working (delivery driver, mail carrier, etc.)?
Work-related dog bites may involve both workers’ compensation and personal injury claims. Workers’ comp covers medical bills and lost wages regardless of fault but doesn’t include pain and suffering. You can still pursue a personal injury claim against the dog owner for full damages. Some employers have protocols for dog encounters—violations may affect claims. Double recovery isn’t allowed, but you’re entitled to full compensation.
Can I recover if the bite happened on the dog owner’s property?
Yes, unless you were trespassing or committing a crime. Lawful visitors (guests, delivery persons, contractors) have full rights to compensation. Even trespassers may recover if the owner knew people regularly crossed the property. Warning signs don’t eliminate liability—owners must still properly restrain dangerous dogs. Child trespassers receive special protection under attractive nuisance doctrines.
What about emotional trauma without physical injury?
While most dog bite cases involve physical injuries, severe emotional trauma from an attack may be compensable. This might include being cornered and terrorized, witnessing a loved one’s attack, or developing severe phobias affecting daily life. These claims are challenging but possible with proper documentation of psychological impact and treatment. Physical injury isn’t always required for recovery.
