No one wants to get injured in an accident, but it happens to people daily in the United States. You can receive compensation in a personal injury claim if another party caused the accident.
Personal injury claims are complex, and people have many questions about their legal options. Below, learn the most common questions about New Mexico personal injury cases. Then, speak to a New Mexico personal injury attorney if you have follow-up questions.
What Is A Personal Injury Claim?
A personal injury claim is a legal action pursued by someone hurt because of another party’s negligence or intentional actions. It aims to assign blame for the incident and obtain compensation for economic and non-economic damages. A personal injury claim relies on negligence and whether someone failed to exercise their duty of care, causing harm to another person.
The most common types of personal injury claims in New Mexico are:
- Auto accidents: Vehicle accidents are the most common cause of personal injury claims in New Mexico. Reckless or negligent driving, such as texting and driving, speeding, unsafe lane changes, and drunk driving, can cause terrible accidents. There were 46,980 auto accident deaths nationally in a recent year.
- Truck accidents: Commercial truck drivers have a higher duty of care to drive safely than typical motorists. Unfortunately, truckers get in many severe accidents that injure and kill other people. Common causes are driving fatigue, reckless driving, and distracted driving.
- Construction accidents: Job-related accidents can happen anywhere, but construction sites are especially hazardous. Common reasons for these accidents are falls from heights, equipment malfunctions, and negligent supervision.
- Dog attacks: A dog bite can lead to severe injuries and mental trauma. New Mexico dog owners are liable for injuries caused by their dogs if they know the dog is aggressive.
- Slips and falls: A slip and fall accident can lead to compensation if it occurs on another person’s property. Common reasons are wet floors, loose floorboards or carpeting, and icy sidewalks.
- Defective products: All US manufacturers must ensure their products are safe. However, manufacturers and designers may produce dangerous products that injure and kill people. Common defective product claims are for toys, pharmaceuticals, medical devices, motor vehicles, and electronic equipment.
What Damages Are Available In A Personal Injury Claim?
Damages in a personal injury claim are usually economic and non-economic. Economic damages pay you for losses from the accident, including current and future medical bills, current and future lost earnings, and property losses.
Non-economic damages pay you for intangible losses, such as physical pain, suffering, and mental anguish. Loss of life enjoyment is another non-economic loss you can be entitled to.
What Does A Personal Injury Attorney Do For Me?
A personal injury attorney is a vital part of your personal injury claim. Common duties that will benefit your case include:
- Analyze the accident and involved parties by determining if you have a legal claim.
- Collecting vital evidence to prove liability, including accident reports, photos, and eyewitness statements.
- Estimating your economic and non-economic damages.
- Negotiating with the insurance company for the largest settlement.
- Taking the case to court in a personal injury lawsuit if insurance negotiations fail.
How Do I Know I Have A Personal Injury Claim?
Do you think another person or entity led to the accident and injuries? Then, you can have a viable claim. For example, if another driver hits you in a crosswalk and you can prove it, you probably have a car accident claim.
Another person’s negligence or wrongful action must have caused your injury and damages for a viable claim. Strong proof must also be that the other party violated their duty of care and injured you.
What’s The Difference Between A Personal Injury Claim And Lawsuit?
Most personal injury cases start as claims. This means the plaintiff or injured party files a claim with the liable insurance company. For example, a Santa Fe, New Mexico driver rear-ends you and breaks your arm. You file a personal injury claim against the driver’s insurance company. Most personal injury claims end with an insurance settlement.
However, you can file a personal injury lawsuit if the insurance company denies the claim or offers too little money. This involves the attorneys making their best arguments to a jury, who decides whether you receive compensation.
Your personal injury lawyer will likely attempt to settle the case out of court, which is faster and more predictable than a court case and lawsuit. However, your attorney can recommend a lawsuit if the insurance company doesn’t treat you fairly.
Do I Need A Personal Injury Attorney?
The law does not require hiring a personal injury attorney after an accident. However, it’s almost always better to have a personal injury attorney advocating for you and negotiating with the insurance company. You will almost always get more compensation with legal assistance than you can.
Can I File A Claim Weeks Or Months After The Accident?
Yes, you can still file a claim after time has passed. For instance, you may think after a car accident that you were not injured, but a month later, you notice pain in your back and extremities. You go to the doctor and find out you have accident-related nerve damage.
You can still file a claim and receive compensation in this example. But the sooner you go to the doctor and have your injury identified, the easier the case will be. Always go to the doctor after an accident to be examined and checked for injuries. Retain a personal injury attorney as soon as you think you have an injury from an accident.
What If I Have A Pre-Existing Condition?
A pre-existing condition can be a key part of your personal injury claim. Generally, you aren’t entitled to payment for a pre-existing injury that wasn’t affected by the incident. However, you can be compensated for a pre-existing condition if the accident made it worse. For example, if you have a bad lower back and suffered an injury worse in a car accident, you still can receive compensation in your claim.
Proving that an existing injury worsened requires showing the severity of the pre-existing injury before and after the accident. You can expect the insurance company to fight this claim, so hire a skilled personal injury attorney for immediate assistance.
How Does An Attorney Help With Insurance Claims?
Insurance companies look out for themselves and their shareholders. Their goal is to deny your claim or pay minimally. The insurance company may know its client is at fault, so an insurance adjuster may contact you and offer to pay a small settlement. But the first offer is always low, and they’ll pay even less if they know you don’t have a personal injury attorney.
Your attorney will aggressively negotiate for the best settlement for your losses. Your attorney will also investigate your injuries and understand your full damages. The attorney handles all legal and insurance issues so you can focus on your recovery.
How Do I Get More In My Personal Injury Claim?
There are two things you can do to maximize your settlement. First, you should seek immediate medical attention after the accident. Getting prompt medical care is essential to establish a connection between the incident and your injuries. The insurance company may reduce what it pays if it believes your injuries resulted from something else.
Second, hire a personal injury lawyer as quickly as possible. Your case’s chances of success are higher when you have an attorney working for you.
What If I Can’t Pay For Medical Treatment?
Another driver injured you, and you don’t have health insurance. What do you do? This happens often in personal injury claims. Fortunately, a seasoned personal injury attorney usually has medical professionals in their network. They may agree to provide medical care to you and accept payment from your legal settlement.
When Should I Always Hire A Personal Injury Attorney?
A personal injury attorney is helpful in almost any accident caused by another party’s negligence. However, there are several instances when you should always retain a lawyer:
- If you have a catastrophic injury. A catastrophic injury affects your ability to work and enjoy life permanently. These injuries include amputations, severe burns, brain injuries, paralysis, loss of sight or hearing, etc.
- Multiple parties are involved in the accident. You should have an attorney after any car accident involving several at-fault parties.
- The claim involves a commercial entity. Did a truck driver hit and severely injure you? Get a personal injury attorney because you must file a claim against a large company and its insurance company.
- The insurance company has dismissed your claim. Always hire a personal injury attorney if you are in an accident and the liable insurance company rejects the claim. Your attorney can file an appeal and a lawsuit if necessary.
- The defendant is uninsured. Insurance pays most personal injury claims. However, you may need to file a personal injury lawsuit if the defendant has no insurance. An attorney should handle this legal option.
Do I Need To Go To Court For My Personal Injury Claim?
No. Filing a case in court and appearing before a judge isn’t usually necessary. Most personal injury claims settle out of court. You may need to appear in court for a personal injury lawsuit, but most claims settle before trial.
How Much Is A Personal Injury Claim Worth?
Every personal injury claim is different from another. A personal injury attorney can review your case today and provide an approximate case value. Factors that influence the size of your settlement or jury award are:
- Injury severity
- Lost income
- Medical bills
- Degree of pain and suffering
- Mental anguish
- Available insurance
How Long Do You Have To File A Personal Injury Claim?
Every state has a statute of limitations for filing a personal injury lawsuit. In New Mexico, plaintiffs have three years from the date of injury to file their claim. Do not delay contacting a personal injury lawyer. This ensures that your attorney has ample time to investigate and file your case.
What Is Pain And Suffering Worth In A Personal Injury Claim?
Pain and suffering are more difficult to calculate than medical bills and lost earnings. Insurance adjusters approach pain and suffering compensation in two ways. First, they may use a multiplier between none and five and multiply that number by your economic damages.
Second, the insurance company may assign a daily amount or per diem to your pain and suffering until you fully recover. However, if they value your pain, the insurance company will probably underestimate its value. You should have a personal injury attorney negotiate with the insurance company to pay a fair amount.
How Long Does It Take To Settle My Personal Injury Claim?
The timeline to settle a claim depends on many factors. A minor accident and injury with clear liability can settle in a month or two. A more complex accident can take several months to settle. If your case goes to court in a lawsuit, it can take over a year to resolve. A personal injury attorney can review your case to determine how long it will take to resolve.
How Much Are Legal Fees In A Personal Injury Claim?
Most personal injury attorneys in New Mexico do not charge upfront retainers or hourly fees. Instead, they charge a standard contingency fee at the end of the case. Based on their experience and when they settle the case, personal injury attorneys typically charge between 25 percent and 40 percent. Most personal injury attorneys cover legal expenses during the case and receive payment when they settle the case.
Speak To A New Mexico Personal Injury Attorney Now
Were you injured recently in New Mexico? Did another person or entity cause your injuries? You may be entitled to compensation but need a personal injury attorney to maximize your compensation. A skilled attorney can guide you through the legal process and fight for your rights. Speak to an experienced personal injury attorney in your city today!