Frequently Asked Questions:

1. Do I have a personal injury case?
2. Why should I hire a personal injury lawyer?
3. What should I do if I can't afford an attorney?
4. How can I help with my claim?
5. How much is my personal injury case worth?
6. How long will my personal injury lawsuit take?
7. Do all personal injury cases go to trial? Will I have to go to court?
8. Should I accept a check from the insurance company?

Do I have a personal injury case?

A New Mexico personal injury case starts with an act by negligence, regardless whether the injury is the fault of another motorist, a doctor, hospital, trucking company, construction contractor or government entity.

The purpose of personal injury law is not for the injured person to make a profit, even though the insurance industry has spent millions of dollars fueling a propaganda machine dedicated to combating "frivolous lawsuits" and "jackpot justice" – terms the insurance industry manufactured to minimize the damages inflicted on potential plaintiffs. Under our system of justice, people who have been injured because of someone else's act are entitled under the law to fair compensation.

If you believe your personal injuries resulted from negligence, contact us at Will Ferguson for a free consultation.

Why should I hire a personal injury lawyer?

People who hire personal injury attorneys on average receive significantly higher settlements after paying costs and attorneys fees than people who attempt to resolve their cases themselves. That's why insurance companies often enlist a "friendly" employee to try to persuade a claimant to settle without a lawyer. An injured person should expect to be contacted by a "friendly" person from the insurance company who will want to take a recorded statement and settle the case quickly.

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A top personal injury attorney can improve a settlement amount by two, three, or even more times. The more serious the injuries are, the more this is true. Insurance companies are known to maintain a database of personal injury lawyers. They adjust their settlement offers based on the reputation of the attorney. The reputation of your attorney plays a big role in determining how an insurer responds to a notice of claim. Will Ferguson & Associates has a powerful track record with insurance companies.

What if I can't afford an attorney?

At Will Ferguson & Associates, we take cases on a contingency basis — meaning that you do not owe a fee unless we recover for you. Absent extraordinary circumstances, it is the law firm's policy not to charge more in fees than the client receives from a verdict or settlement, even if a significant fee reduction is necessary.

How can I help with my claim?

Document your personal injury claim:

• Write down as much as you can about the accident itself, your injuries, and or other losses (such as wages).
• Make notes of conversations you had with people involved in the accident.
• Collect evidence and take photographs if possible.
• Locate people who witnessed the accident and who might be able to help you prove your case.
• Tell your doctors everything about your injuries and complaints, as soon as possible, and to leave out no details. It is important that you follow up on all treatment recommendations.

Documenting the truth about your injuries is one of the keys to getting fair compensation, either in a settlement or at trial.

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How much is my personal injury case worth?

Many factors play into the compensation question such as the severity of your injuries, amount of medical bills, expected future medical expenses, lost income, permanency of injuries and emotional trauma. If you are partially at fault, your case will be worth less.

How long will my personal injury lawsuit take?

The length of time between filing a claim and resolution of the case depends on a number of factors, incuding the complexity of the facts, the number of potential parties involved, the number of witnesses and depositions required, and whether the case is settled out of court or goes to a trial. A lawyer needs to evaluate the case in detail before he or she can answer that question.

Do all personal injury cases go to trial? Will I have to go to court?

Not all cases go to court. Many are settled out of court. Many claims, although not all of them, are resolved with the help of an experienced lawyer even before a lawsuit is ever filed. A claimant can resolve a case and receive compensation for injuries or loss without going to court.

Should I accept a check from the insurance company?

For a free consultation with an attorney at Will Ferguson & Associates, call 800-251-5566 or contact us online. We do NOT require a retainer to handle your personal injury claim. Evening and weekend appointments are available.

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