A Step by Step Guide to Filing an Injury Claim in New Mexico

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.

Filing Different Types of Personal Injury Claims

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.

Proving Personal Injury Liability in New Mexico

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.

Getting Ready for a Trial or Settlement in New Mexico

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.

Compensation For Personal Injury in New Mexico

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.

Steps to File a Personal Injury Claim in New Mexico

As a quick recap, here are the key steps to filing a personal injury claim in New Mexico:

1. Check the statute of limitations for your claim: For most personal injury cases, there is a three-year statute of limitations in New Mexico.
2. Find out whether your claim is covered by insurance: You may not be able to collect any damages if the defendant has very little in the form of assets and insufficient insurance coverage. Think about the severity of your injuries and if your own insurance policy might provide a suitable resolution. 
3. Contact a personal injury attorney:  If you have sustained injuries, even if they appear minor, you should contact an attorney for help filing your claim right away.
4. Explore settlement opportunities or proceed to trial:  Most personal injury cases are settled out of court, and many of them are even settled before a civil complaint is filed. In some cases, however, it makes sense to think about your options for obtaining compensation in court. 
5. File your complaint: Your personal injury suit’s official legal document, the complaint, lays out the facts and legal foundation for it. The plaintiff, defendant, and court in which the action is being filed will all be named at the opening of the complaint.
6. Ensure a summons is served: A summons is a document that names the parties to the lawsuit and notifies the defendant that they are being sued. You must serve a copy of the complaint and summons to the defendant after submitting them to the court. This is vital because the court lacks jurisdiction over the defendant and is unable to provide a decision without proper service.
7. Await the defendant’s reply: The defendant in your claim may either indicate that they neither accept nor deny the allegations, or they may submit an “answer” to your lawsuit in which they acknowledge or reject each of your allegations. As an alternative, the defendant may submit a move for dismissal. Should the court approve that motion, your claim may be dismissed in whole or in part.

Contact Will Ferguson & Associates 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.