The process of filing a personal injury claim can be intimidating and complex. Personal injury cases are subject to several regulations and crucial time constraints. Moreover, your claim for compensation could be totally barred if you break the terms of the agreement or miss a deadline.
It is crucial to seek the advice of a personal injury lawyer in situations involving serious bodily injuries or wrongful death. It's essential to have these conversations with a seasoned personal injury attorney who can assist injured parties in understanding personal injury law to get the most favorable potential settlement or verdict at trial. In the meantime, read our rundown of personal injury law in New Mexico and a step-by-step guide on how to file a claim in our state.
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Each personal injury claim is different, and there are specific actions to take to safeguard your right to compensation. Using an auto accident as an example, the procedures and documentation needed to file a claim after a car crash will be separate from those required for a medical malpractice claim.
Identifying the responsible party is crucial since it often determines the relevant deadlines, statutes of limitations, and filing requirements. These concerns, timeframes, and other prerequisites will largely determine the early stages of your personal injury claim.
First and foremost, while preparing your claim, you should look into the "statute of limitations" for your state, which states how long you have to file a lawsuit after an accident. In New Mexico, the time restriction for filing a lawsuit after an accident is three years. To protect your right to seek compensation for your injuries, keeping track of the statute of limitations is essential. Moreover, New Mexico personal injury law mandates that the party at fault pay for any damages they cause, whether to people or property.
Claims in this state are likewise evaluated under the state's pure comparative negligence standard. In other words, the law allows someone 95% at fault in an accident to submit a claim for compensation, but they can only secure 5% of the total settlement. When an injured individual is found to be somewhat at fault for their own accident or injury, the comparative fault rule kicks in.
Once you've identified the potential at-fault parties for your claim, separate steps are involved in getting your case ready for trial or settlement. For instance, a wide range of issues could arise ahead of a trial or settlement, including receiving medical care, identifying your injuries, calculating lost income and earnings, and handling insurance and hospital liens, to mention a few.
In New Mexico, you can secure compensation for any losses incurred due to another person's negligence if you are hurt. The New Mexico Uniform Jury Instructions specify the damages that may be awarded. These instructions will be given to the jury at the conclusion of the trial if your case is tried. Common examples of economic damages include hospital bills, lost wages, and vehicle repairs, which can be easily calculated and documented.
Non-economic damages or losses, such as pain, suffering, and loss of consortium or companionship, are more nebulous but no less real than monetary damages. Nonetheless, state law often caps damage awards in personal injury lawsuits. These restrictions limit non-economic damages and damages in specific kinds of lawsuits, such as medical malpractice claims. As an example, in medical negligence or malpractice situations, the maximum award for damages in New Mexico is $600,000.
As a quick recap, here are the key steps to filing a personal injury claim in New Mexico:
Regardless of the type of accident they've endured, victims face an array of frustrating, devastating consequences while dealing with the aftermath. In the event that you've suffered injuries and other damages at the hands of a careless party in New Mexico, you should seek the counsel of an experienced attorney as soon as you can.
Contact us at Will Ferguson & Associates in New Mexico if a negligent party has left you or a loved one with injuries. Get in touch with our skilled accident attorneys at (505) 243-5566 to discuss your case and whether or not you have a right to financial recompense for your injuries.
We will handle each step of your legal claim if we determine that you and your family are eligible for a possible settlement. Reach out to our personal injury lawyers in New Mexico as soon as possible for a free, no-risk initial consultation to discuss your case's specifics.
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333 Rio Rancho Boulevard Northeast Rio Rancho, NM
333 Rio Rancho Boulevard Northeast Rio Rancho, NM