Essential Terminology For Personal Injury Claims in New Mexico

A personal injury from an unexpected accident in New Mexico may leave victims feeling helpless and confused. Adding insult to injury, victims of personal injuries often suffer severe monetary losses due to unexpected medical costs and lost wages.

Thankfully, when someone else’s carelessness results in your injuries, you may be able to seek compensation via a personal injury claim. What’s more, an attorney who specializes in personal injury law can represent you if you have suffered injuries and assist you in recouping financial damages linked with such injuries.

How to Determine Liability in a New Mexico Personal Injury Case

First and foremost, while preparing your case, 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. In order to protect your right to seek compensation for your injuries, it is essential to keep track of the statute of limitations. Moreover, New Mexico 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 who is 90% at fault in an accident to submit a claim for compensation still, but they can only earn 10% of the total settlement. 

How is Compensation Awarded in New Mexico?

Pain and suffering, the extent of injuries, and other losses are key factors in determining the value of an injury claim. In addition, victims may seek other forms of compensation.

Common examples of economic damages include hospital bills, lost wages, and car repairs, all of 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.

Personal Injury Damages

Nonetheless, state law often capped damage awards in personal injury lawsuits. Non-economic damages and damages in specific kinds of lawsuits, such as medical malpractice claims, are typically limited by these restrictions. For instance, in medical negligence or malpractice situations, the maximum award for damages in New Mexico is $600,000.

Punitive damages and medical expenses, both present and future, are excluded from this limit. Keep in mind that this is only relevant to cases involving personal injury due to medical misconduct. Unlike several other states, New Mexico does not limit non-economic damages in most personal injury lawsuits, meaning that a jury may award as much as it thinks proper for pain and suffering.

Common Personal Injury Claims in New Mexico

The facts and circumstances behind individual personal injury cases can vary widely. Of course, all personal injury claims in New Mexico involve an individual (the plaintiff) who has been harmed by the actions of another (the defendant) and files a lawsuit against that entity (the defendant) for compensatory damages.

Personal injury claims typically involve vehicle accidents, premises liability, on-the-job injuries, and more. Here are a few of the most common claims for personal injury across New Mexico:

1. Motor vehicle accidents: According to the most recent available data from the New Mexico Department of Transportation (NMDOT), over 48,000 traffic accidents were reported on our highways throughout the last year. That’s a lot of collisions, and those accidents caused almost 20,000 injuries and 425 deaths. There is a wide range of causes for vehicle accidents, but carelessness and negligence among motorists are common contributors. Excessive speeding, driving under the influence of drugs or alcohol, driving while distracted, and other similar behaviors also fall within this category.
2. Pedestrian and bicycle collisions: Per the NMDOT, almost 640 pedestrians were injured or killed in traffic accidents in the most recent year’s statistical data. Tragically, over 80 lives were lost as a result of these incidents, which usually cause catastrophic injuries and fatalities due to the lack of protection that pedestrians and bikers have versus motorists.
3. Slip-and-fall accidents: Any property is at risk for a slip-and-fall incident if the owner or property manager does not take reasonable precautions to perform regular maintenance and remove hazards. Accidents involving a slip and fall may happen anywhere, including residential homes, commercial buildings, and public spaces. Unattended food or drink spills, obstructions in walkways, cracked concrete, flimsy stairs, shredded carpets, and broken hardwood flooring are a few common causes of these incidents.
4. Workplace accidents: Officials with the Bureau of Labor Statistics (BLS) reported nearly 2.8 million nonfatal occupational injuries or illnesses in the United States. Injured workers in New Mexico should be entitled to seek financial restitution no matter what caused their accident. Anyone hurt on the job in New Mexico may be able to file a claim with the state’s workers’ compensation insurance and collect benefits for a number of damages, including medical care, lost income, and long-term disability.
5. Medical malpractice: A study conducted by Johns Hopkins University indicated that medical errors are the third largest cause of mortality in the United States. Patient injury and even death are common consequences of medical negligence. Misdiagnosis, failure to diagnose, surgical errors, incorrect prescription dosages, avoidable and/or preventable infections, and patient falls are all examples of medical malpractice.

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 you can for a free, no-risk initial consultation to discuss your case’s specifics.