Have you suffered a serious broken bone injury in New Mexico? Do you need a New Mexico broken bones lawyer? Call Will Ferguson & Associates for help today.
Thousands of people are injured each year in accidents in New Mexico that result in broken bones. Recovering from broken bone injuries after an accident in New Mexico can be difficult and painful. These accidents can happen during a commute, at the workplace, on construction sites, and in various other circumstances which can result in serious broken bone injuries.
Recovery can be long and painful and often requires countless doctor visits, surgeries, and time off work.
If the accident happened at the fault of another, you might be entitled to compensation for your broken bone injury. An experienced personal injury lawyer can help you receive the damages you deserve.
Broken bones can happen in all sorts of accidents. They are more common in children, as they are much more active than adults and more prone to engage in activities that will lead to a broken leg or arm. In adults, bone breaks tend to happen in major accidents such as blunt force trauma during a car accident or after a slip and fall. The most common causes of broken bones are:
The most common way that adults sustain broken bone injuries is during motor vehicle accidents, often due to the negligence of other drivers. There is no question that it is especially frustrating when you are forced to endure doctor’s visits, surgeries, physical therapy, and lost wages for something someone else caused.
With vehicle accidents being such a large contributor to bone fractures, we believe it is important to know which breaks are most common following a motor vehicle accident:
Broken bones come in many forms. But most fit into four main categories of fractures:
Some more specific types of breaks are:
All fractures require treatment, usually in the form of a cast to keep the bone from moving. In some cases, surgery is needed to correct a more serious break. In severe bone fracture cases, the patient may need physical therapy and rehabilitation to regain full use of the affected area.
Some broken bone injuries truly are no one’s fault. Accidents happen, and life goes on. But sometimes, these accidents happen due to the negligence of another party. If you suffered a broken bone injury at the hands of someone else, you may be entitled to significant compensation.
In general, for negligence to be proven, it has to be shown that one party failed their duty of care. We all owe a duty of care to drive safely, so if one party was shown to be driving recklessly, leading to an accident resulting in serious injuries, that driver failed their duty of care and may be held liable for their negligence.
This can also apply to workplace injuries. Your employer has a duty to provide a safe work environment. If you sustained a broken bone injury while on the job, you could be entitled to compensation from your employer.
Comparative Negligence is a law in New Mexico that allows an injured party to receive damages in an accident in proportion to their percentage of fault.
This means if you are involved in an accident that resulted in your broken bone injury and are found to be 25% at fault, you may be able to collect 75% of the damages from the other driver’s insurance company.
Modified comparative negligence means that you can only recover compensation if you are at fault for less than 50% of the accident. However, New Mexico is one of only 12 states with pure comparative negligence law. This means you can make a claim even if you are 99% at fault. You are still able to receive compensation from another involved party, even if only for that 1%.
You might be able to file a civil case for your broken bone if the accident that led to the injury was caused by someone else’s negligent, reckless, or intentionally malicious acts. For example, a broken leg in a vehicle crash caused by a drunk driver is likely a good reason to file a lawsuit to seek compensation for your injuries.
Careless or reckless conduct is the cause of many serious injuries, including broken bones. This, under law, is negligence. To recover damages, you must prove four elements:
Determining if you have a case requires carefully analyzing the factors that led to your broken bone injury. A personal injury lawyer can help you determine the strength and viability of your claim.
First, you must determine whether the accident was caused by someone else who can be held legally responsible for your broken bone. If you were the cause of your own injury, you might not have a case.
Then you must consider whether your injury is severe enough to pursue further action. Broken bones require months of recovery and often expensive medical care. This is almost always cause to pursue legal action.
Your case will be strengthened if there is evidence in your favor. You will want to find eyewitnesses or video and photographic evidence to back up your claim. The sooner you get an attorney on your case, the more help you will have with building your case.
The only way to truly know if you have a solid case is by speaking with one of our lawyers who will provide more clarification. Don’t hesitate to give our New Mexico broken bones lawyers a call as soon as possible.
Following a broken bone injury, you may be entitled to monetary damages to reimburse you for your losses. Losses might include both economic and non-economic damages.
Economic damages are the expenses incurred in relation to your injuries. These usually come in the form of medical bills, treatment costs, medications, rehabilitation, physical therapy, and at-home care. This also includes lost wages for any time you might have taken off work, as well as payment for future expenses or losses.
Non-economic damages are more subjective and not as easily definable. But this refers to things like pain and suffering, scarring or disfigurement, diminished quality of life, and emotional suffering.
Due to New Mexico’s laws on negligence, you may be found partially at fault and therefore may not receive full compensation for your claim. Contact a broken bones lawyer for help determining fault so you can receive as much compensation as possible.
There are situations where you can file a claim with an insurance company in order to receive compensation for your broken bone injury. If you were hurt during a car accident and were not at fault, you can file a claim with the liable party’s insurance. However, insurance companies do not have your best interest at heart and will fight to give you as little as possible.
You will want a New Mexico broken bone attorney to fight back against the insurance company, so you receive a fair settlement. If our negotiations do not work outside of the courtroom, we will not hesitate to file a lawsuit on your behalf.
If you are considering filing a personal injury claim for injuries sustained during an accident, whether it be a vehicle accident, workplace accident, or slip and fall accident, you typically only have three years from the time of the accident to file a claim.
The New Mexico statute of limitations only applies to legal litigation, not any claims you have already filed with an insurance company.
Speak to a broken bone lawyer to get this process started as soon as possible.
In most situations, your first step to recovering damages after a broken bone injury is to file a claim with the responsible party’s insurance company.
Drivers, business owners, and employers all carry insurance to protect themselves from legal backlash.
However, many insurance companies push back and the claims adjuster may try to place blame on you for the accident or attempt to diminish the severity of your injuries. And an experienced broken bone lawyer can negotiate on your behalf so that you can focus on your physical and emotional recovery.
After an accident, the liable party’s insurance company will likely contact you right away. Still, since they so frequently try to get out of paying fair damages, we recommend speaking with them only after you have contacted an attorney. We can investigate the cause of the injury thoroughly so that no one can try to place fault where it does not belong.
We will handle all aspects of your case from the very beginning until you have reached a settlement. We can help by:
This eases your personal burden and gives you more time to focus on what really matters.
Broken bones are not enjoyable. They are painful, and in addition to doctor’s visits, X-rays, possible surgery, and casts, you may need physical therapy and rehabilitation to fully heal. These medical bills add up and become very expensive very quickly.
All of this is coupled with the possibility of lost wages for being unable to work for an accident you didn’t cause. Insurance companies fight to pay as little as possible, and you may feel out of options. But with the help of an experienced broken bone injury attorney, you can file your claim with civil courts and may be able to receive the compensation you need.
If you or someone you love has been involved in an accident resulting in a broken bone injury, you deserve to know all your legal rights and the damages you are entitled to. Our dedicated team won’t be intimidated by aggressive insurance carriers or at-fault parties and will work to negotiate a fair settlement for you. If you have been searching for the right truck accident lawyer, contact Will Ferguson & Associates at for a free no obligation consultation.
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Albuquerque, NM 87110
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