What is Personal Injury?
You may be entitled to damages if you are the victim of an accident or incident in New Mexico that was caused by the intentional or negligent action of another. A “damages” claim is a legal term used to quantify the monetary compensation that an injured party is entitled to for bodily harm, property damage, and any associated expenses, and it is more commonly called a personal injury claim. A personal injury claim is the legal system that attempts to restore one’s “wholeness” even though, in many instances, such restoration is impossible. With that being stated, damages can assist individuals in reestablishing their lives and alleviating financial strain.
Of course, having a personal injury attorney on your side can help you get the most robust compensation possible and provide you peace of mind so you can focus on getting better. If you or a loved one has been injured, you should immediately talk to a lawyer. In the meantime, keep reading to find out more about the definition of personal injury and how the general concepts surrounding personal injury affect your New Mexico accident claim.
What is Personal Injury?
As opposed to damage to property rights, personal injuries encompass any type of harm inflicted upon an individual’s body, emotions, or reputation. Typically, three different types of circumstances may be used to file personal injury claims:
- Negligence: The most prevalent cause of action for personal injury claims is negligence. Liability under the doctrine of negligence is established upon an individual’s failure to exercise the degree of care that an ordinarily prudent person would have done in the same situation. For instance, a hunter who negligently discharges his gun in the direction of others walking in the area might be considered negligent.
- Strict liability: A defendant is held liable for an action under strict liability when no fault must be proved to show their fault, essentially. In other words, irrespective of his or her intent or mental state at the time of the commission, this specific person is liable. For instance, in the event that a defect in a product leads to an injury, the manufacturer bears liability for said injury, notwithstanding their lack of negligence or intentionality in creating the hazardous product.
- Intentional torts: These intentional wrongdoings occur when the defendant deliberately commits an act. Assault, battery, intentional infliction of emotional distress, trespass to property, and trespass to chattels are all common forms of intentional torts.
Types of Personal Injury Claims in New Mexico
Separate causes of action arise under the personal injury umbrella and are commonly filed within the New Mexico court system, including but not limited to:
- Automobile accidents
- Occupational injuries and fatalities
- Assault and battery
- Defective product injuries
- Medication errors
- Abuse in nursing homes
Claims may also be brought for non-physical injuries, such as the following:
- Intentional infliction of emotional distress
- Defamation
- False arrest, detention, or imprisonment
- Breach of privacy
Of course, choosing a personal injury lawyer who specializes in your type of accident claim is also essential. When it comes to automobile accidents, New Mexico follows a few central laws, but there may be specialized statutes in place to deal with certain types of injuries. After all, you probably wouldn’t choose an attorney who specializes in vehicle crashes to represent you in a lawsuit involving medical malpractice in New Mexico.
Thus, finding a lawyer who has handled cases similar to yours in the past gives you the best chance of success in your case. Furthermore, your lawyer will have access to specialized resources that can aid in your rehabilitation and recuperation for your specific accident type. It’s also important to keep New Mexico’s statute of limitations for personal injury in mind because you have two years from the date of your accident to file in our state.
Filing a Personal Injury Claim in New Mexico
A personal injury lawsuit is one form of civil court proceeding. The Rules of Civil Procedure of New Mexico regulate civil proceedings, but most plaintiffs are not acquainted with these technical rules, which are often challenging to comprehend. Hiring an experienced New Mexico injury attorney to represent you in court will increase your likelihood of success.
Once you’ve retained an attorney, complaints are filed to initiate personal injury lawsuits in New Mexico in the appropriate district court. The court rules or New Mexico law may mandate that your complaint contain (or lack thereof) particular allegations. However, your general complaint should be described in paragraphs that are differently numbered:
- The case’s parties specify when, where, and how they were injured, the nature of their injuries, the wrongdoing of the defendant that resulted in those injuries, and the type of relief (typically monetary damages) they desire the court to grant them.
- The court registrar will issue a summons—an order compelling the defendant to appear in court and defend the case—upon the filing of your lawsuit.
- You or your attorney then must make arrangements for the defendant to receive “service” (delivery) of the summons and a copy of the complaint.
Call a Personal Injury Attorney in New Mexico
Accidents can occur anywhere and at any time. And while the majority of victims are aware of their right to monetary compensation, they might be unsure of the proper filing process or the specifications around personal injury in New Mexico.
Thankfully, our personal injury attorneys in Albuquerque are well-aware of the changes and processes that complicate both state and federal legislation. Here at Will Ferguson & Associates, our legal team has the decades of experience you deserve when it comes to litigating your claim. We have assisted tens of thousands of victims in obtaining justice; we are also able to assist you.
If you or a loved one has been injured as a result of another person’s negligent or careless actions, you should retain the services of our skilled personal injury attorney in Albuquerque to advocate for your interests.
Our New Mexico personal injury attorneys at Will Ferguson & Associates will fight for your rights and ensure you get fair compensation no matter the nature of your accident. Contacting (505) 243-5566 to discuss your case and losses is a good first step toward a smooth, stress-free resolution to your claim.
