It’s not unusual to find yourself facing risks to your health and well-being periodically. These situations can occur because a person is unlucky, but in some cases, they could happen because another party behaves negligently. If you’ve been harmed because of another person’s negligent behavior, you may be entitled to receive compensation.
These lawsuits can be fairly complex, which is why you’ll want to work with an experienced personal injury lawyer serving Santa Fe that can guide you throughout the claim or lawsuit process. Partnering with the right personal injury attorney can help you to receive the compensation that you’re entitled to. At FBD Law, our lawyers will be able to handle many aspects of your claim so that you can focus on your recovery. Call our injury law firm today to get your compensation claim started.
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Do I Have a Personal Injury Claim?
If you are considering contacting a personal injury attorney near Santa Fe, New Mexico, you may be wondering how to know if you have a claim. Although you can schedule a free consultation with a lawyer, you’ll still want to brush up on personal injury claims before meeting with an attorney.
There are four main elements in most viable personal injury claims, (1) there must be a duty of care owed, (2) a breach of that duty of care, and (3) causation, and (4) injury or damages.
Statute of Limitations
There are usually time limits, or statutes of limitation, that govern when a claim must be filed. In most cases, the statute of limitations for personal injury in New Mexico is set at three years. However, some cases in New Mexico, such as cases against the government for personal injury, have a two-year statute of limitations. It is important for you to consult with an attorney as soon as possible following your injury to understand what time limits apply to your case.
In personal injury cases, “causation” refers to the party or parties an incident was caused by. It’s necessary to demonstrate that their actions or failure to act were directly related to the incident. You’ll need evidence to demonstrate that they were responsible for the accident and your injuries.
Generally, the other party must owe you a duty of care in order to be held liable. As an example, drivers are expected to follow traffic laws. Employers must provide a safe environment for workers. Doctors have a duty to provide patients with appropriate care. You need to demonstrate that the party is liable for the accident because they neglected their duty of care.
In the cases of a workplace or road accident, it’s usually simple to demonstrate that another party’s actions caused an incident. In other types of cases, however, this can be more difficult to prove. When it comes to medical negligence cases, for example, it may be challenging to demonstrate that negligence was what caused an injury.
If a personal injury claim fulfills the criteria described above, you may have a strong case.
Why Do I Need A Lawyer For An Injury Claim?
If you don’t have experience with personal injury law, then you need the help of a professional. You should look for a personal injury attorney who serves Santa Fe with plenty of relevant experience. You’ll want help from a legal professional that has handled these kinds of cases in the past.
Our attorneys can offer a free case assessment. In some cases, you may be partially responsible for the accident or incident causing injury but still able to pursue a claim. New Mexico generally follows the doctrine of comparative negligence, comparing the fault of all parties involved.
If you were seriously injured in an accident, it’s likely that it will take time for you to recover. However, it’s still important to file your claim as soon as you can. It’s easier to collect evidence when you file right away. When you work with an accomplished personal injury attorney, you can trust them to handle all of these matters while you focus on your recovery.
Details that your attorney will take care of include:
Preparing Your Case
In the aftermath of an accident, it’s crucial to collect evidence that your attorney may be able to use as prove liability. Your lawyer will handle preparing and filing your claim. In many cases, insurance companies will be responsible for paying damages. However, these companies will probably not give you the money you are owed without a fight. Insurance companies often try to nullify claims so they can pay a minimal amount. Your attorney will work to construct a strong case on your behalf. They will demonstrate that you’re entitled to the damages you are seeking.
Negotiating a Settlement
Not all personal injury cases need to go to court or to trial. Instead, they are settled beforehand during negotiations. The defendant, often an insurance company, will make you an offer in exchange for you settling your case. Because going to trial can be costly, you may want to accept the settlement. However, you want to make sure that the amount you’re being offered will cover your damages.
You’ll talk over settlement amounts with your attorney. They will be able to advise you on whether you should consider accepting the amount or whether proceeding to trial is the better option. Your attorney will enter into negotiations with the defendant and will work to persuade them to offer you an appropriate settlement. If the defendant is unwilling to offer a suitable settlement, you may need to take the case to court.
Preparing for the Trial and Providing Representation
When a lawsuit is filed in a court of law, you will need representation and an attorney that can prepare a strong case on your behalf. Your attorney will be able to gather the evidence needed and serve as your representation. They will work to persuade the jury to offer you suitable compensation. The defendant’s legal team will present a case against your claim. You will need an experienced lawyer to represent you and present your case for damages.
What Type of Damages Can I Recover?
Compensation in personal injury cases is designed to restore victims to the position they were in prior to the accident. In some cases, such as accidents that involve fatalities or lifelong injuries, this isn’t possible. Still, the claim should provide as much relief as possible. There are three categories of damages that can be recovered during a personal injury case: economic, non-economic, and punitive.
Economic damages can easily be proven financially. Examples of economic damages include medical expenses, loss of wages, property damage, and future medical expenses. These amounts are easy to determine, and it is fairly simple to calculate exact figures.
In contrast, non-economic damages are not always easily measured. There is no standard amount established for non-economic damages because the harm or damage varies with each accident or injury. Examples of non-economic damages include loss of consortium, pain and suffering, and reduction in quality of life.
Unlike other types of damages, punitive damages aren’t intended to provide compensation for loss. Punitive damages are awarded in cases where a party engaged in reckless behavior. They are designed to serve as punishment so that the party is deterred from engaging in this behavior again. For example, punitive damages could be awarded in a case that involves drunk driving. Punitive damages are not always awarded in personal injury cases. However, an experienced personal injury attorney will be able to advise you on whether punitive damages are possible for your case.
Your total compensation will be based on the economic, non-economic, and punitive damages that you may be awarded.
How Is Fault Determined in New Mexico?
Fault determines who holds responsibility for an accident. The party at fault is the party that must pay damages. New Mexico operates under a fault system.
In a fault state, every party is liable for the mistakes that they made. In this state, the party that causes an accident is the one responsible for paying damages. This is typically covered by insurance companies. Of course, claims need to be backed up by evidence, such as recordings from the scene and statements from eyewitnesses. Without evidence, a claim will not be successful.
How Long Do I Have to File a Claim?
Personal injury claims must be filed within a specific window of time. However, there are some exceptions to this rule. New Mexico’s civil statute of limitations is generally three years for personal injury cases, although some cases have a two-year statute of limitations. The clock starts running after you are aware that you have been injured and know that the accident is the cause of the injury. This is known as the “discovery of harm.” No attorney can give you advice about the time limits in your case without knowing the details.
The time limits cannot normally be extended unless there are certain extenuating circumstances, such as if the injured person is not legally capable of filing the claim because they are too young. For instance, children who suffer from harm generally do not have the clock running until they are no longer minors, according to state law.
Type of Injuries We Handle
There are many incidents that can lead to personal injuries. FBD Law can provide you with support no matter what the cause of your accident was. We take on many types of personal injury cases, such as:
- Car, truck, and motorcycle accidents
- Wrongful death suits
- Medical malpractice
- Catastrophic injuries
If you or a loved one has been the victim of an accident, reach out to FBD Law as soon as possible. Our firm can provide you with the support you need during this difficult time. We can process your claim while you work to recover from your injury. Recovery and rehabilitation can be a long and difficult process. That’s why you’ll appreciate having legal professionals handle the details of your claim for you.
How Much Will A Personal Injury Lawyer Charge?
Some people are tempted to file their own personal injury claims. Accidents can be very expensive, and some people don’t want to add legal bills to their list of expenses. They may also worry that they could lose their claim and still owe money to their attorney, which would put them in a worse position than they started out in.
Thankfully, FBD Law makes clients our top priority. When you work with us, you won’t have to pay anything upfront. Instead, we operate on a contingency fee basis. We will take a percentage of the amount you are awarded. If you lose your case, you will not have to pay a thing in attorney’s fees. We will work hard to ensure that you receive appropriate compensation.
File Your Injury Claim With FBD Law
Handling a personal injury lawsuit is complex. There are a lot of steps that need to be taken, which is why you will want the support of experienced legal professionals. This is especially important for cases involving more severe accidents or injuries. In these cases, the compensation you need to live a comfortable life will be much higher.
Insurance providers have large legal teams that are skilled at defending these cases, therefore, you should not take things on yourself. That’s why you should work with experienced attorneys like our team at FBD Law. Our personal injury attorneys have extensive experience and will work to make sure you receive all of the compensation that you are owed. We’ll take care of everything while you work to recover from your injuries.
We have taken on major cases that have been resolved in our clients’ favor. Although we can never guarantee an outcome or result, we will do everything possible to recover the damages you are owed. If you’d like to schedule a free consultation, call us today at (505) 842-9960. We’d be happy to answer your questions and offer you the support you need.