Personal injury claims are made when a victim's injuries and other losses are the direct result of another person's carelessness, recklessness, negligence, or malice. And in these personal injury cases, a local lawyer is invaluable.
To start, an attorney can make things fairer in your negotiations with third parties, like insurance companies. An insurance company will use its huge network of adjusters, lawyers, and other professionals to fight your claim. Thus, if the insurance company tries to undercut your claim, your injury attorney will be there to block them.
Regardless of the nature of your incident, you should consult with one of our local attorneys at Will Ferguson & Associates as quickly as possible to protect your rights. There are a number of benefits to working with one of our local personal injury attorneys in Albuquerque for your claim and ways we will fight for your rights after an accident.
Table of Contents
You may not immediately think to file a personal injury claim after being injured in an accident. You’re at a crossroads, and the choices you make and actions you take right now will have lasting consequences. First and foremost, seek medical assistance quickly after an accident, even if you don't think you're seriously hurt. First, you should see a doctor to diagnose and treat your injuries promptly and properly. If internal injuries aren't addressed, they may become much worse, and that might change your life forever.
Moreover, the documentation of your visit and the specifics of your injuries can help prove that the accident was the direct cause of your medical problems. Lastly, you should report the incident as soon as possible. The event will be documented formally by the investigating authorities.
From there, retaining an attorney as soon as possible is essential. A lawyer will help you keep track of deadlines, like New Mexico's statute of limitations, and begin constructing your claim.
New Mexico is a large, expansive state, so when you've been hurt in an accident in the Land of Enchantment, you must choose a local personal injury lawyer to represent your interests best. For instance, you should hire a personal injury attorney who is familiar with the ins and outs of the local legal system if that's where your accident has occurred.
However, for an incident that's taken place in Albuquerque, it is advisable to hire a lawyer who is already familiar with that area's law and local statutes.
Moreover, the distinction between city and county statutes in New Mexico is crucial. Using the example above, the main metro surrounding Albuquerque has earned a reputation as a place where plaintiffs may expect larger settlements than in other parts of the state. That said, due to the prevalence of powerful commercial interests in the area around your metro, you may find it more challenging to obtain a sizable settlement in that specific region.
While New Mexico law does allow accident victims to pursue compensation, it does so under specific time constraints. In most cases, those who suffer physical harm in an accident have three years from the incident to file a compensation claim. You can lose your right to financial compensation if you don't file your claim within that time range.
So, the statute of limitations in New Mexico is generally three years, although there are exceptions. For instance, the statute of limitations may be shortened or extended when the government is at fault. If you contact a lawyer right after an accident, they can ensure your claims are filed on time.
Your attorney will write a demand letter after doing preliminary research to determine the fault and the extent of your injuries. To notify the party (defendant) of your desire to claim damages, you will deliver this letter to the person at blame and/or their insurance provider. In this letter, you will outline why the defendant is at fault, identify the harm you've suffered, and specify the monetary damages you seek.
This demand letter in New Mexico is not legally binding, and the defendant (or their insurer) can ignore it or respond as they see fit. If the defendant does not comply after receiving your demand letter, your attorney will file a lawsuit seeking compensation for your losses and have it served on them.
If the defendant does not comply with your demand or responds in any way, your lawyer will file a legal claim for damages. Your claim alerts the court to your intention to seek compensation from the at-fault party.
Your lawyer will do a thorough study and investigation to back up your claim. From there, your attorney will use the relevant laws in conjunction with the facts and evidence of your case to argue that you are entitled to monetary compensation for your injuries and other losses.
The defendant is now legally obligated to respond to your claim. If they don't, the court will rule in your favor nonetheless.
You may proceed to the discovery phase after your claim has been filed and the defendant has replied. During the discovery phase of a legal proceeding, both parties can investigate the evidence and documents held by the opposing side that may be relevant to the case. Depositions also provide both parties the opportunity to question witnesses officially.
Of course, because they are taken under oath, depositions are an excellent method for gathering credible evidence. The discovery process will provide information that will be utilized to strengthen the basis that your attorney has built for your injury claim in the state of New Mexico.
Victims of any personal injury face a complex web of difficulties and life-altering repercussions. Fortunately, New Mexico law provides certain avenues for redress in cases when someone else's carelessness directly resulted in injuries or other losses.
Hire an experienced Albuquerque personal injury lawyer to defend your rights if you've been hurt due to someone else's negligence.
No matter what kind of accident you've endured, our New Mexico personal injury lawyers at Will Ferguson & Associates will do everything it takes to get you the justice and compensation you deserve. You may start on the path to a quick and easy recovery by contacting (505) 243-5566 to talk about your case and go through the losses you've incurred.
Why Choose
Will Ferguson & Associates To Fight For You?
We Communicate with You Every Step of the Way
Over 40+ Years
Defending The Injured
Request a FREE Case Review.
NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.
333 Rio Rancho Boulevard Northeast Rio Rancho, NM
333 Rio Rancho Boulevard Northeast Rio Rancho, NM