New Mexico Personal Injury Lawyer

Accidents can happen anytime, anywhere. Survivors of serious and catastrophic accidents are often left confused about what they have to do next. Most victims know that they are entitled to financial compensation but may have no idea how to go about filing. Some insurance companies take advantage of the victim’s confusion. They swoop into action and offer a seemingly high settlement value. Their offer might incite your curiosity, but don’t play into their trap. This scenario is preventable when you hire an experienced personal injury lawyer. A New Mexico personal injury lawyer retains excellent knowledge of local and federal laws. They can help you achieve justice, recover fair compensation, and hold the responsible party accountable. Our legal specialists at Will Ferguson & Associates have decades of experience and profound legal knowledge. We have helped thousands of victims attain their justice, and we can help you too!

Will Ferguson & Associates | Who We Are

Established in 1983, Will Ferguson & Associates has been protecting the rights of countless accident injury victims for almost four decades now. Our legal team comprises revered and talented personal injury attorneys dedicated to upholding and protecting the plaintiff’s rights. Our attorneys always do their best to give their clients the soundest outcome for their cases. Throughout our 39 years of experience as a personal injury law firm, we were able to amass more than a 90% case success rate. We helped innumerable clients recover large sums of compensation and attain the justice they deserve. Most of the clients we assist are referred by peers and former clients. It’s our mission to deliver top-notch and affordable legal assistance to all accident victims and their loved ones.

Why You Need a Personal Injury Lawyer?

Filing personal injury claims is more than just completing a legal form. A profound understanding of the local laws about personal injury is essential if you want to pursue legal action to recover damages. New Mexico personal injury attorneys are legal professionals proficient in the state’s personal injury laws. When you decide to recover compensation or pursue justice for your injuries, you must seek their help. Here’s why hiring a personal injury lawyer is essential:

• Case assessment and damage estimation. Lawyers can help you set a ballpark figure of your recoverable damages by meticulously assessing your case.
• Gather viable evidence. Recovering feasible and compelling evidence is vital in winning your case. Hiring a personal injury attorney can help you get your hands on essential shreds of evidence.
• Settlement or compensation negotiation. Giant insurance corporations do not easily sway experienced lawyers. They can easily give you the best compensation for your case.
• Filing of paperwork. Paperwork is a significant part of every legal procedure. Unfortunately, your injury might hold you back from completing these forms promptly. Hiring a lawyer takes that responsibility off your shoulders so you can focus on your recovery.
• Legal representation. A New Mexico personal injury attorney can represent you on your behalf if your case fails to settle out of court. Hiring an experienced personal injury lawyer can significantly increase your chances of winning your case.

We Handle a Spectrum of Personal Injury Cases 

The law offices of Will Ferguson & Associates have been serving victims of personal injury since 1983. Throughout our extensive experience in this field, we have been able to handle various personal injury cases.

Car Accidents

Car accidents are the most predominant motor vehicle accidents in New Mexico. If you’ve been involved in a car accident, you might be entitled to seek compensation for your damages. We will need to prove that the other driver was at fault and that their lack of due care led to your injuries to win your case. Our injury lawyers at Will Ferguson & Associates can help you recover damages, including medical expenses, lost wages, and property damage.

Nursing Home Abuse

Abuse can happen everywhere, even inside nursing homes. If you know someone who is suffering from abuse inside a nursing home, you must take legal action immediately. Our personal injury lawyers in New Mexico have extensive experience handling nursing home abuse and neglect cases. We understand the complex legal process involved. We can help you recover the compensation you deserve.

Motorcycle Accidents

Motorcycle accidents and fatalities have increased over the past few years. Motorcycle riders are more vulnerable to severe injuries due to their lack of protection and safety gear. Victims who sustained significant injuries in a motorcycle accident are entitled to receive financial compensation from the at-fault party. Our injury attorneys at Will Ferguson & Associates can help you recover damages such as medical expenses, lost wages, and property damage.

Product Liability

It is the responsibility of a manufacturer to ensure that their products are free from defects. This responsibility makes them liable if their products cause injuries. Our New Mexico personal injury attorneys have extensive years of experience handling different product liability cases. If you are a victim of defective products, we can help you claim compensation for your damages. Our team is skilled in investigating these cases and gathering evidence to support your claim.

Truck Accidents

Truck collisions are more severe than other motor vehicle accidents. These cases are often more complicated and require the help of an experienced attorney. Most truck accidents involve a third party which complicates the case. This third party can be the truck driver’s employer, the truck manufacturer, or another vehicle driver. If you or someone you know survived a truck accident, we could help you recover various injury damages. This includes medical expenses, lost wages, property damage, and pain and suffering.

Medical Malpractice

Healthcare professionals are expected to provide the standard of care to their patients. Unfortunately, accidents during a medical procedure can happen despite extreme safety measures. Medical malpractice is more than just a serious accident. This is also an alarming case of negligence. The New Mexico personal injury attorneys at Will Ferguson & Associates have extensive experience in handling medical malpractice cases. We can help you recover damages, including medical expenses, lost wages, and pain and suffering.

Wrongful Death

Negligence can cause not only severe injuries but also death. In some cases, wrongful death occurs while the victim is recovering from their injuries. This is a complex legal case that often requires the help of an experienced lawyer. If you’ve lost a loved one due to someone else’s negligence, we can help you recover damages, including funeral and burial expenses.

Dog Bites

There are no established statutes covering dog bite accidents in New Mexico. However, the state follows a ‘uniform jury instruction’ known as the one-bite rule. Before, the one-bite rule exempted dog owners from liabilities if it was their dog’s first biting incident. Now, victims can hold dog owners liable for their injuries even if it was the first known biting incident, given that the owner knows about the dog’s vicious behavior.

Slip and Fall Accidents

Slip and fall accidents can occur anywhere; in grocery stores, workplaces, pools, etc. This accident often happens due to the property owner’s negligence. Victims are entitled to compensation if they sustained injuries due to a slip and fall caused by someone else’s negligence. Our team of New Mexico personal injury lawyers can help you recover money for the damages you sustained.

Workplace Accidents

Workplace accidents are more prevalent than most people think. These accidents can be caused by various factors such as negligence, defective equipment, or even the property owner’s failure to maintain the premises. Our personal injury lawyers have handled different New Mexico workplace accident cases. We can help you recover damages from your employer or pursue legal actions.

Premises Liability

Property owners are responsible for promoting and creating a safe space for their visitors. This responsibility includes maintaining the property, informing visitors of any hazards, repairing defects, and providing adequate security. If you’ve been injured due to the property owner’s negligence, you can hold them accountable for your injuries. You can build a strong case against the property owner with help from our New Mexico personal injury attorneys at Will Ferguson & Associates.

Most Common Types of Injuries in a Personal Injury Case We Can Assist

Motor vehicle accidents often result in life-threatening and catastrophic injuries. Usually, the cost of treating these injuries could drain the victim’s personal insurance. Because of this, the law appoints the responsibility of supporting the victim’s medical and non-medical needs to the at-fault defendant. Hiring an experienced New Mexico accident lawyer can help you recover maximum and fair compensation based on your sustained damages.

• Brain injury. Traumatic brain injuries (TBI) often occur in most personal injury cases. Severe damage in the brain may impair the victim’s cognitive abilities and emotions.
• Spinal cord and back injuries. This essential organ carries messages from the brain to other body parts. This complex network is critical for proper communication, and any damage to this system can lead to paralysis or loss of feeling and movement.
• Broken bones. Victims who sustained multiple fractures face a long and challenging road to recovery. They may need reconstruction surgery, rehabilitation, and ongoing medical care.
• Head and neck injuries. Victims who sustained injuries in the head and neck area may experience long-term effects and disability. Some victims may have difficulty speaking, swallowing, or even breathing.
• Soft-tissue injuries. These injuries affect the muscles, ligaments, and tendons. Sprains, strains, and contusions are often reported with other bodily injuries.
• Burn injuries. Severe burns can cause serious damage to the victim’s skin, muscles, and bones. In some cases, victims may require skin surgery and long-term medical treatment.

Compensatory Damages You May Recover in a Personal Injury Claim

Victims who suffered from an injury because of a negligent accident are entitled to seek compensation from the at-fault defendant. Catastrophic injury victims may recover economic and non-economic damages. Economic damages:

• Medical bills. Recoverable damages under medical expenses include medical treatment costs, diagnostic costs, medications, and future treatment costs.
• Lost wages. Victims who missed work hours are entitled to receive financial compensation for their lost wages. Accident victims who sustained debilitating injuries can also receive compensation for loss of future earning capacity.
• Property damages. Damages to the victim’s property (i.e., vehicle, residential property, commercial property, etc.) are recoverable.

Non-economic damages:

• Emotional trauma. Victims who suffer from emotional distress and psychological damages are entitled to compensation for their emotional damages. This can include anxiety, loss of self-esteem, depression, and other complex emotions that survivors may experience.
• Loss of consortium. The victim’s spouse may be able to file a claim for the death of their partner. Some states place a cap on how much a spouse can recover for loss of consortium.
• Pain and suffering. Victims who suffer from physical pain and emotional suffering are also entitled to compensation. These damages are assessed by a jury and include the victim’s experience during recovery and their future prognosis.

On top of these recoverable damages, the court may also require the defendant to pay punitive damages. To prevent them from causing the same accident, punitive damages are given to defendants. Negligence often leads to serious injuries. Our experienced attorney can help you recover proper compensation for your damages.

Insurance Coverage in Personal Injury Cases

In the United States, a state may be a ‘fault’ or a ‘no-fault’ state. New Mexico is a ‘fault’ state, meaning an injured plaintiff may reach out to the defendant’s insurance company to demand compensation. The competing party’s insurance company will try to reach out to you first in most cases. They will provide an initial settlement offer, which may look good first. Most legal professionals advise against accepting the initial settlement offer. The insurance company may offer you a reduced settlement, so you need to seek consultation with a lawyer first. Your lawyer will not only help you process your personal injury claims. They will also handle the communication between you and the other party’s insurance company to protect the value of your case.

Pursuing a Personal Injury Claim in New Mexico

Hiring a New Mexico injury attorney is critical in pursuing serious injury cases. A legal professional can help you understand the legal statutes and guide you through the entire legal process. Pursuing claims in personal injuries is not as simple as it looks. There are a lot of laws and factors involved in recovering financial compensation other than estimated damages.

• Three-year limitation. Ch. 37, Art. 1, Sec. 37-1-8 states that injury victims may only pursue litigation within three years from the accident date. Otherwise, the court may dismiss your case by default.
• Pure comparative negligence law. Each state has its own comparative negligence law. In New Mexico, we honor a pure comparative negligence law. This limitation means that victims can recover damages for their case, but the court will reduce it based on shared fault.
• Damage caps. Most states place a cap on recoverable non-economic damages. In New Mexico, the state has a cap of $600,000 in medical malpractice cases, excluding punitive damages and future medical expenses.

Why Choose Will Ferguson & Associates to Handle Your Personal Injury Case

Countless personal injury law firms are established throughout the state, yet we remain unmatched. Our 39 years of exceeding our client’s standards, aggressively advocating for their rights, and helping them in every way helps us retain our top spot and improve our client reach.

• Proven track record. Our strong track record proves the quality of work we provide. We fight smart and aggressive to deliver the best outcome to our clients.
• Esteemed team of lawyers. Will Ferguson & Associates comprises national trial lawyers, former prosecutors, and multi-awarded attorneys. Our top-notch legal services reflect the knowledge and experience of our team.
• Extensive years of legal expertise. With almost four decades of legal experience, our esteemed attorneys are highly proficient in the local court system. We use this legal knowledge to help our clients recover the best compensation.
• Plaintiff’s advocates. Our entire legal team is dedicated to assisting plaintiffs in attaining their justice. We hold mock trials to help our clients present themselves before the court. This method has significantly helped us win many personal injury cases.
• Top-notch customer service. We always ensure that you have a fantastic experience with our law firm, from our esteemed attorneys to our cordial receptionists.

New Mexico Personal Injury FAQs 

The compensation value differs for each case. The amount of your recoverable compensation depends mainly on your estimated damages. However, other factors might affect your case value. When computing for your recoverable damages, the court will also consider your shared fault, compensation caps in the state, case complexity, and the estimated timeline of your case. Insurance companies may try to manipulate you into accepting low settlement offers. It would be best to keep your eye out for these too-good-to-be-true offers. Speaking with your lawyer before making legal decisions by yourself is always the best way to go.3

Ch. 37, Art. 1, Sec. 37-1-8 provides the statute of limitations in personal injury cases. According to this law, accident injury victims can file a lawsuit against the responsible party within three years from the accident date. Furthermore, the New Mexico law states that damages to personal property have a four-year statute of limitations Ch. 37, Art. 1, Sec. 37-1-4. Medical malpractice and legal malpractice are also limited to three years from the date of discovery. When computing for your recoverable damages, the court will also consider your shared fault, compensation caps in the state, case complexity, and the estimated timeline of your case. Insurance companies may try to manipulate you into accepting low settlement offers. It would be best to keep your eye out for these too-good-to-be-true offers. Speaking with your lawyer before making legal decisions by yourself is always the best way to go.

Personal injury lawsuits are identified by proving four elements. Most states also use these elements to identify an individual injury case.

• Duty. You will need to demonstrate that the defendant owed you the duty of care. Duty of care is usually the most straightforward element to prove in most cases (i.e., motor vehicle accidents, premise liability cases, defective product cases, etc.)
• Breach of duty. Once you establish the defendant’s duty of care, you must also show that they neglected this duty. Often, this is where the challenge comes. If you don’t have substantial proof of negligence, you can lose the case.
• Evidence of injuries. You must prove that you sustained injuries from the defendant’s recklessness. Medical documentation, pictures of injuries, and police reports are critical evidence you can use to confirm your claims.
• Financial impact or damages. Once you prove that you sustained injuries in the accident, you will need to show that you incurred financial loss because of the injuries.

Furthermore, the New Mexico law states that damages to personal property have a four-year statute of limitations Ch. 37, Art. 1, Sec. 37-1-4. Medical malpractice and legal malpractice are also limited to three years from the date of discovery.

In general, most personal injury cases resolve out of court. Unfortunately, if both parties cannot agree on each other’s terms, the court may have to intervene to resolve the issue. Furthermore, some cases may be too complicated to not go through the court. Cases need to go through the court system because it is the only way to ensure that both parties have a fair chance of being heard. The court system is also the best way to ensure that all evidence is considered and that a verdict is reached promptly. Furthermore, going to court prevents victims from taking advantage of by large corporations or insurance companies.

Our personal injury attorneys work on a contingency fee arrangement. A contingency basis means you will not need to pay any fees unless your case is won. If your lawyer does win the case, the contingency fee will be a percentage of your total damages. Some lawyers may also require an upfront retainer fee, typically a few thousand dollars. Your signed lawyer will put this money towards covering the costs of your case. Before signing any contracts, it would be best to confirm the service fees and payment options with your experienced personal injury attorney.

The timeframe of your personal injury case will vary depending on the severity of your injuries, the strength of your evidence, and your case’s complexity. Some cases may be resolved within a few months, while more severe cases may take years to settle. In most personal injury cases, both parties reach their agreement outside the court. In general, it’s much faster to settle the case out of court than to have it go through court litigation. Court intervention may extend your case’s timeline from a few months to a full year. It would help to keep in mind that every case is different, and there is no set timeframe for your specific case. However, an experienced New Mexico personal injury lawyer can help you better understand what to expect from your case and how long it may take to resolve.