Claiming Compensation for Personal Injury in New Mexico
How Our New Mexico Personal Injury lawyer Can Help
Claiming Compensation for Personal Injury in New Mexico
Understanding Personal Injury Laws in New Mexico
Types of Personal Injury Cases
Motor Vehicle Accidents
Workplace Injuries
Slip and Fall Accidents
Medical Malpractice
What laws and regulations govern personal injury claims in New Mexico?
Time Limits
There exists a statutory timeframe within which personal injury claims must be filed. This timeframe, known as the statute of limitations, imposes a legal deadline for initiating proceedings against parties deemed responsible for the injury.
In New Mexico, individuals generally have a window of three years from the date of the injury or its discovery (or when discovery should have been reasonably made) to file a claim. Nonetheless, certain exceptions and nuances apply based on specific circumstances.
Engaging the services of a New Mexico personal injury lawyer is crucial to ensure compliance with these critical time constraints.
Comparative Negligence
The legal doctrine of comparative negligence is fundamental to personal injury litigation in New Mexico. It serves to apportion fault and assign responsibility for an accident among involved parties.
Under this doctrine, the court assesses the conduct and actions of all parties involved and determines the percentage of fault attributable to each party.
New Mexico follows the principle of “pure comparative negligence.” This means that even if an individual shares some responsibility for their injuries, they can still seek damages from other liable parties.
Joint and Several Liability
Joint and several liability governs the distribution of responsibility and liability for damages among multiple defendants. Each defendant named in a case may be individually liable for the entire awarded sum of damages, regardless of their respective degrees of fault.
This legal provision enables plaintiffs to pursue full compensation from any or all defendants, irrespective of their financial capacities. However, certain provisions and exceptions are outlined in the New Mexico Comparative Fault Act.
How are liability and damages determined?
It falls within the responsibility of your legal representative to ascertain liability and damages concerning your case. They achieve this by meticulously examining the facts, evidence, and pertinent laws before providing guidance on your personal injury claims in New Mexico.
In the course of this process, some actions they might undertake include:
- Establishing that the defendant had a duty of care, breached said duty, and that breach directly led to your injuries.
- Collecting pertinent evidence to bolster your case, such as medical records and statements from witnesses.
- Conducting an evaluation of comparative fault to ascertain if you bear any responsibility for your injuries, enabling a fair allocation of liability.
- Compiling a comprehensive list of economic, non-economic, and punitive damages to determine the overall extent of damages for your claim.
Through these and other strategies, personal injury attorneys are adept at conducting a thorough examination of the pertinent aspects of your case to establish liability and determine damages.
What actions should you take following a personal injury?
Seek medical attention promptly: It’s crucial to seek medical attention without delay. Healthcare professionals can document the nature and origin of your injuries, providing valuable evidence for your case later on.
Report the incident: If your injury occurred at your workplace, it’s important to report it to your supervisor in accordance with workers’ compensation regulations. Outside of work-related injuries, report the incident to the appropriate authorities. For example, contact local law enforcement following a car accident.
Collect evidence: Document the scene of the accident by taking photographs, particularly highlighting any hazardous conditions and damage sustained to your property. Additionally, gather contact information from any potential witnesses.
Preserve documentation: Maintain thorough records of all documents associated with your injury and subsequent treatment. This includes medical records, hospital invoices, diagnostic reports, prescriptions, and receipts for any out-of-pocket expenses. Such documentation is invaluable when pursuing personal injury claims in New Mexico.
Consult with a personal injury attorney: Consider seeking advice from a personal injury attorney as soon as possible. A legal professional can guide you through the process, ensuring that you gather all necessary evidence and protect your interests from any attempts by liable parties to pressure you into accepting an unjust settlement.
It’s important to recognize that every personal injury case is unique, and additional steps may be necessary depending on the specific circumstances. Therefore, seeking guidance from a qualified attorney is advisable to navigate the complexities of your situation effectively.
The Compensation Process
Initial Consultation
Investigation and Evidence Gathering
Negotiation and Settlement
Litigation and Trial
Are all personal injury claims in New Mexico resolved through trial?
Not necessarily. The majority of personal injury lawyers strive to resolve personal injury claims in New Mexico outside of the courtroom, as it tends to be more advantageous for their clients. Recounting accidents and incidents that led to injuries in a courtroom setting can be emotionally taxing and stressful. Moreover, undergoing a trial entails significant time commitments, potentially resulting in additional missed work and income loss.
Typically, reaching a settlement is deemed preferable for all parties concerned. In certain instances, trial judges may even encourage settlement negotiations before scheduling a court date if an agreement has not yet been reached between the two parties involved.
Why Choose Raymon Law Group?
Experience and Expertise: With years of experience handling personal injury cases in New Mexico, we have the knowledge and expertise to achieve favorable outcomes for our clients.
Personalized Attention: We take a client-centered approach, providing individualized attention and customized legal strategies tailored to the unique circumstances of each case.
Transparent Communication: We believe in open and transparent communication, keeping our clients informed at every stage of the legal process and addressing any questions or concerns promptly.
Proven Results: Our track record of successful case outcomes speaks for itself. We have secured millions of dollars in compensation for our clients through settlements and trial verdicts.
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FAQ
1. What types of damages can I recover in a personal injury case in New Mexico?
In New Mexico, personal injury victims may be entitled to various types of damages, including medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages for egregious misconduct.
2. How long do I have to file a personal injury lawsuit in New Mexico?
The statute of limitations for filing a personal injury lawsuit in New Mexico is generally three years from the date of the injury or accident. It’s crucial to adhere to this deadline, as failing to file within the statute of limitations may result in the forfeiture of your right to seek compensation.
3. What if I was partially at fault for the accident?
New Mexico follows a comparative negligence system, which means that your compensation may be reduced if you’re found partially at fault for the accident. However, you can still recover damages as long as you’re not deemed more than 50% responsible for the incident.
4. Do I need to hire a personal injury attorney?
While it’s possible to handle a personal injury claim on your own, having an experienced attorney on your side can significantly increase your chances of obtaining a favorable outcome. An attorney can navigate the complexities of the legal process, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.
5. How much does it cost to hire a personal injury attorney?
At Raymon Law Group, we operate on a contingency fee basis, which means that we only collect legal fees if we secure compensation on your behalf. Our fee is typically a percentage of the final settlement or court award, ensuring that our services are accessible to all clients regardless of their financial situation.
6. What if the person who caused my injury doesn’t have insurance?
If the at-fault party is uninsured or underinsured, you may still be able to pursue compensation through your own insurance policy. Uninsured/underinsured motorist coverage can help cover your expenses in such situations, including medical bills and lost wages.
7. Will I have to go to court for my personal injury case?
While many personal injury cases are resolved through settlement negotiations, some may proceed to trial if a fair settlement cannot be reached. Our attorneys are prepared to advocate for your rights in court and present a compelling case on your behalf if litigation becomes necessary.
8. How long will it take to resolve my personal injury claim?
The timeline for resolving a personal injury claim can vary depending on various factors, including the complexity of the case, the severity of the injuries, and the willingness of the insurance company to negotiate. Our team works diligently to expedite the process while ensuring that your rights are protected every step of the way.
9. Can I still pursue compensation if the accident occurred on public property?
Yes, you can pursue compensation for injuries sustained on public property, such as parks, sidewalks, or government buildings. However, these cases may involve additional legal complexities, so it’s essential to consult with an experienced attorney to discuss your options.
10. What should I do if I’ve been injured in an accident?
If you’ve been injured in an accident, prioritize your health and safety first. Seek medical attention for your injuries and report the incident to the appropriate authorities. Document the scene, if possible, gather contact information from witnesses, and avoid discussing the details of the accident with anyone other than your attorney. Finally, contact Raymon Law Group for expert legal guidance and representation.
For further clarification or assistance with your personal injury case, don’t hesitate to reach out to Raymon Law Group at (505) 390-1040 to schedule a free consultation. We’re here to help you navigate the complexities of the legal system and pursue the compensation you deserve.
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