Common Myths About New Mexico Personal Injury Cases

Victims of personal injuries often suffer agonizing wounds and incur enormous medical costs. However, many people injured in accidents don't seek compensation because they believe the myths and misunderstandings surrounding filing a case and working with a personal injury attorney.

Unfortunately, injury-causing accidents will inevitably occur. In fact, according to the Agency for Healthcare Research and Quality, about 30 million Americans visit emergency rooms for accident injuries annually. Remember that, regardless of the details surrounding your accident, if someone else's carelessness caused your injuries, you may be able to file a personal injury claim and seek monetary damages.

That said, widespread misunderstandings and myths about personal injury complicate the process. Read on to learn about some of the most common misconceptions relating to personal injury claims.

Personal Injury Myth 1: My Insurance Provider Will Adequately Manage My Claim

Typically, this is not the case at all.

Your own insurance provider could indeed manage part of your case. After a vehicle accident, for instance, a claim under your policy might be filed regardless of fault. However, you should not assume your insurance provider will take care of your claim entirely. After all, you may have to file a case against the other driver or their insurance company in court.

Moreover, it might be difficult to negotiate a personal injury settlement with an insurer on your own. Unfortunately, most insurance firms care more about their bottom line than they do about fairly compensating those injured, so you should expect them to downplay the significance of your allegation or outright reject it. You should consult a reputable personal injury lawyer for this process as soon as possible.

Personal Injury Myth 2: You Can't File a Claim For Minor Injuries

This is arguably the most harmful myth about personal injury claims. You should absolutely consider filing a personal injury claim, even if your injuries are seemingly minor. This is because some injuries manifest slowly while others worsen over time.

Additionally, it's very common for victims of personal injury accidents to misjudge the severity of their injuries, not to mention the potential for long-term mental trauma. Victims may be traumatized to the point that they won't want to drive again, even after a fender bender.

First, a medical practitioner should always conduct a complete evaluation so you can decide if you'd like to seek recompense. From there, your lawyer will consider both immediate and future damages, such as the development of post-traumatic stress disorder (PTSD) or the gradual onset of stiffness and disabilities from physical injuries. Experienced lawyers may use data from previous cases and their own understanding of precedents to determine how much your case is worth.

Whatever the details of your case may be, it is in your best interest to speak with an Orange County personal injury attorney about your options.

Personal Injury Myth 3: Physical Injuries Are Required to File a Claim

Physical injuries are not the sole basis for a personal injury claim. Pain and suffering, mental anguish, and other intangible losses may all be claimed for compensation in a personal injury case.

You may maximize your financial recovery with the experience of an attorney. Similarly, many believe that an attorney will cost a fortune. But most personal injury lawyers will take cases on a contingency fee basis. A lawyer will analyze your case and answer your questions during a free first consultation. No money is due in advance or out of pocket while working under a contingency fee arrangement. Your lawyer will only be paid if they successfully secure a settlement on your behalf.

Is Courtroom Testimony Required in a Personal Injury Claim?

No, not always. Some victims of personal injuries have to testify in court as part of a case, although this rarely happens. Personal injury lawsuits in New Mexico rarely make it to trial.

Per data collected by authorities, fewer than 1 in 20 personal injury lawsuits result in a courtroom trial. This kind of litigation often ends in a settlement.

Personal Injury Myth 4: You Can File a Claim at Any Time

All personal injury claims in New Mexico are subject to a time restriction. A personal injury claim must be filed within three years of the accident that caused the injuries under New Mexico's statute of limitations.

Even though it may seem like a long time, you should always submit your claim before the statute of limitations expires. Your attorney may have difficulty establishing fault the longer you wait since evidence and witness testimony may be lost or destroyed.

Personal Injury Myth 5: Personal Injury Plaintiffs Are Just Greedy

A negative connotation is attached to filing a personal injury claim, which may cause victims to doubt that they deserve compensation, but you should never feel bad about seeking compensation for your injuries. Victims who must pay for their medical care and rehabilitation may face dire financial straits. You have the right to seek compensation for your injuries and other losses if they were brought about by an accident that was someone else's fault.

Likewise, victims may be hesitant to file a lawsuit when they personally know the individual they believe to be at fault for their accident.

Once again, putting your health and financial needs first is crucial in these precarious circumstances. The insurance policy of a close friend or relative will likely cover your settlement, relieving them of any financial responsibility.

Call a Personal Injury Attorney in New Mexico

When dealing with the aftermath of any personal injury, victims confront a wide variety of challenging and life-altering consequences. Thankfully, if someone else's negligence caused you to sustain injuries or other damages in New Mexico, you may have legal recourse.

If you've suffered losses at the hands of a careless party, retain the services of a seasoned New Mexico personal injury attorney to safeguard your rights.

At Will Ferguson & Associates in New Mexico, our experienced personal injury attorneys will stop at nothing to fight for the justice and recompense you deserve, regardless of the type of accident you've endured. By calling (505) 243-5566 to discuss your case and review the damages you've endured, you'll be well on your way to a smooth, stress-free recovery.

If our team discovers that you and your family are eligible for a possible settlement, we will handle every aspect of your claim moving forward. Contact our Albuquerque personal injury attorneys as soon as you can to schedule a free first consultation with no obligation.