NM personal injury claims are among the most common types of lawsuits filed in the state. From slip-and-fall accidents to on-the-job injuries, New Mexicans are among the more than 400,000 personal injury claims filed in the U.S. each year.
Accidents happen when least expected. You can end up the victim of physical injuries and emotional distress that lead to mounting expenses.
In New Mexico, you have a right to fair compensation if someone else’s carelessness or deliberate misconduct caused your injuries.
Working with an attorney experienced in NM personal injury claims is the most effective way to protect your rights.
Several kinds of injuries fall under the umbrella of personal injury in the state. Following are the five most common types of personal injury claims filed by New Mexico personal injury attorneys.
1 – Motor Vehicle Accidents
Motor vehicle accidents are the leading cause of NM personal injury claims. New Mexico consistently ranks at the top of lists of the worst drivers in the U.S.
Swerving in and out of lanes without signaling. Barreling down I-25 at 20-plus miles per hour over the posted speed limit. Tailgating other vehicles and failing to stop for pedestrians in crosswalks.
We’ve all seen drivers engaging in these and other bad driving behaviors on New Mexico roadways.
When motorists drive with this kind of disregard for others, they can cause severe injuries to other drivers, their passengers, bikers, and pedestrians.
If you’ve been temporarily or permanently disabled due to someone else’s recklessness behind the wheel, contact a personal injury attorney to schedule a free case evaluation. They ensure your rights are protected and help you navigate the complex personal injury claims process to achieve the best possible outcome.
2 – Slip and Fall Accidents
Right behind motor vehicle accidents as the most common NM personal injury claims are slips and falls. Property owners have a responsibility to maintain safe premises, which includes sidewalks, stairways, and other surfaces.
Slippery floors, uneven surfaces, and broken railings all are maintenance issues that can cause a serious injury.
Most slip-and-fall victims end up settling out of court. Working with a personal injury attorney is the most effective way to get a fair settlement.
Never try to negotiate with property owners, their legal counsel, or insurance companies for compensation of your injuries without first consulting an attorney. They have their client’s best interests in mind, not yours.
No one likes to think about these things happening to them when they receive treatment from a healthcare professional. Sadly, medical errors are now the third leading cause of death in the U.S., according to data from the National Institutes of Health.
Medical malpractice cases are tricky. They require a personal injury attorney who can carefully examine medical records, solicit expert testimony, and who has a thorough understanding of the applicable laws and regulations for these types of NM personal injury claims.
4 – Product Liability
Defective and dangerous products can cause you significant harm. Whether it’s a manufacturing defect or an engineering design flaw, when products don’t work as intended, consumers end up with serious – and life-threatening – injuries.
Under New Mexico’s negligence law, manufacturers and distributors of products have a duty of care in producing products. They are held accountable by the courts when they fail in this responsibility and consumers end up with debilitating injuries.
One of the most recent examples of a product liability case filed in New Mexico is Gurule et al v. Nissan Motor Co., Ltd. et al. The product liability suit alleges that roof and seat belt defects in an Infiniti QX4 contributed to the death of a motorist.
Product liability cases are complex and require the expertise of a NM personal injury attorney experienced in product liability laws and regulations.
5 – Workplace Accidents
New Mexico workers face risks on the job every day. Most accidents and injuries fall under the New Mexico Workers’ Compensation rules and statutes. Applying for workers’ compensation benefits is appropriate in these instances.
However, workplace accidents that happen from third-party negligence or a non-employer entity’s actions qualify for a personal injury claim in New Mexico.
For instance, if you’re injured by a careless driver while making a delivery for your employer, you have a right to file for workers’ compensation benefits, plus file a personal injury claim against the at-fault driver.
Another example is workplace violence. If you’re assaulted by a coworker, customer, or other third party while on the job, you have a right to sue for compensation from that person directly.
Preserve your rights to fair compensation
Navigating the NM personal injury claims process is daunting without the help of an experienced attorney. The legal team at Cameron & Russell have more than a decade of experience handling these types of cases.
Reach out today to schedule a non-obligation case evaluation to discuss your rights.
Understanding how NM personal injury claims work ensures you receive fair compensation if you’re ever injured due to someone else’s carelessness or misconduct. Navigating the intricacies of personal injury claims can be daunting without the help of an experienced personal injury attorney who can guide you through the process.
Even if you have a skilled lawyer working on your case, it’s important to understand your rights under New Mexico law to pursue damages.
In this blog, we walk you through the legal principles, the steps to take after an injury, and the process for filing NM personal injury claims in the civil court system. We’ll answer the following questions in this comprehensive guide:
A personal injury claim refer to the legal process you can use to seek compensation for injuries or harm caused by someone else’s negligence, recklessness, or intentional actions.
Most NM personal injury claims happen after car or truck accidents, medical malpractice cases, slips and falls, workplace accidents, and injuries or death from using a defective product.
To pursue a personal injury claim in New Mexico, you must prove the defendant owed you a duty of care, breached that duty, and caused your injuries as a result.
You can seek compensation that covers medical expenses, lost wages, pain and suffering, and property loss among other damages.
Most people opt to consult with a NM personal injury attorney to ensure their rights are protected and they received the maximum compensation allowable under the law.
Failing to maintain public sidewalks and other access areas can lead to a personal injury claim.
What are the types of personal injury cases in NM?
Personal injury lawyers provide legal services when you’re injured because of another person’s carelessness or deliberate actions. You may experience a temporary or permanent disability that impacts your ability to work or live your life normally.
Most personal injury attorneys handle multiple types of personal injury cases. Others may specialize in one type only. It’s best to choose a lawyer who specializes in your type of personal injury for the best results.
Motor Vehicle Accidents
Claims against at-fault drivers who fail to follow the motor vehicle code are among the most common types of personal injury cases in New Mexico. Unfortunately, our state has earned the distinction of being the worst U.S. state for careless driving. It’s consistently ranked in the top 3 on this list since 2011.
Vehicle accidents can leave you with debilitating injuries. Worse yet, if you’re killed by a careless driver, your surviving family members are left behind. A personal injury attorney can help.
Medical Malpractice
Your health and well-being – and sometimes your life – is on the line every time you entrust your care to a medical professional or healthcare facility. Even treatment for minor injuries can impact your life in unforeseen ways.
Medical errors are the third leading cause of death in the U.S. It’s unclear how many people are living with permanent injuries caused by negligent medical care since many do not publicly disclose their conditions. It’s estimated that as many as 1 in 5 Americans have suffered from medical malpractice.
Premises Liability
Failing to maintain all areas of a property can lead to someone else’s serious injury or death. That’s why the New Mexico courts take premise liability cases seriously. Property owners who ignore issues, hazards, or other dangers that can cause serious accident or injury are guilty of negligence under the law.
Slip and Fall Accidents
Slip and fall accidents are one of the leading causes of accidental injury and death in New Mexico. It’s not just older residents who become victims of this type of personal injury. No one is immune from the risk.
Next to motor vehicle accidents, slip and fall incidents are among the top reasons for NM personal injury claims.
Sometimes workers’ compensation claims are denied, making it an appropriate time to file a personal injury lawsuit to recover damages.
Workers’ Compensation
Workers’ compensation is a complex category that falls under NM personal injury claims. Workers who are hurt on the job typically don’t sue for civil damages. The workers’ compensation benefits system is expected to meet their needs.
However, sometimes it’s appropriate to bring a third-party liability claim. For instance, a driver hurt making an official delivery for his employer could sue the at-fault driver in addition to collecting workers’ compensation benefits.
Wrongful Death
New Mexico law classifies wrongful death as a type of personal injury claim. Under The Wrongful Death Act, Statute Section 41-2-1, wrongful death is defined as a death that was “caused by the wrongful act, neglect, or default of another.”
In addition to wrongful death lawsuits, at-fault parties also may face criminal charges in New Mexico depending on the circumstances of the incident.
Which laws and statutes apply to personal injury claims in NM?
Like other states, New Mexico has laws and statutes that apply to personal injury claims. These guidelines dictate damage caps, the statute of limitations, and define comparative negligence and joint and several liability.
Statute of Limitations
New Mexico law places a statute of limitations on personal injury claims. This is the legal deadline by which you must file against at-fault parties.
In New Mexico, the statute of limitations is 3 years from the date of the injury or the date when the injury was discovered (or should have been reasonably discovered). Some exceptions and variations exist depending on underlying circumstances.
Working with a NM personal injury attorney is the most effective way to ensure you don’t miss critical deadlines.
Comparative Negligence
Comparative negligence is the legal principle that applies to all personal injury cases in New Mexico. It’s used to determine the degree of fault and allocating responsibility for an accident between the parties involved.
The court evaluates the actions and behaviors of all parties and determines the percentage of fault attributed to each.
In New Mexico, a “pure comparative negligence” doctrine applies. So, even if you’re partially responsible for your injuries, you can still recover damages from the other party.
Joint and Several Liability
Joint and several liability determines how responsibility and liability for damages are allocated among multiple defendants. Each defendant in your case is held individually responsible for the entire amount of damages awarded, regardless of their degree of fault.
This provision of the law allows you to seek full compensation from any or all of the defendants, regardless of their ability to pay. Certain limitations and exceptions apply under the New Mexico Comparative Fault Act.
Seek immediate medical attention to document your injuries.
What steps should you take after sustaining a personal injury?
If you sustain a personal injury, it’s essential to take certain steps to protect your well-being, preserve evidence, and ensure your legal rights are protected. The following are some of the most crucial aspects of safeguarding your potential NM personal injury claims.
Seek medical attention as soon as possible. Medical professionals can document your injuries (and their cause). These records are helpful for proving your case later.
Report the incident. If you were injured on the job, report it to your supervisor to comply with workers’ compensation laws. If the injury happened outside of work, report it to the proper authorities. For instance, you’d call the local police about an automobile accident.
Gather evidence. Get photos of the accident scene, including hazardous conditions and damage to your property when applicable. Gather contact information for any witnesses.
Preserve documents. Keep track of all documents related to your injury and any treatment related to it. Medical records, hospital bills, diagnostic reports, prescriptions, and receipts for out-of-pocket expenses are all recoverable under NM personal injury claims.
Consult with a personal injury attorney. You may want to take this step as soon as possible. Your attorney can ensure you gather all the evidence you need and keep at-fault parties from pressuring you into accepting an unfair settlement.
Every personal injury case is unique. You may require additional steps based on your specific situation, which is why consulting with an attorney is advisable.
A personal injury attorney can help you prove your case and collect fair compensation for your injuries.
How do you file a NM personal injury claim?
Specific steps are involved in filing NM personal injury claims. You must make sure you’re following the laws and statutes outlining how such cases are handled within the state to boost your chances of a positive outcome.
Consulting with an attorney is the first crucial step in the process. Most personal injury attorneys offer a free consultation to review and discuss your case before you decide whether you want to proceed.
If you decide to file your claim after speaking with an attorney, you can expect the process to go as follows:
Investigation and gathering phase involves interviewing witnesses, reviewing medical records, and assessing the extent of damages.
Demand letter and negotiations phase follows the evidence gathering. Your attorney drafts a letter of demand to the responsible party or their insurance company outlining your injuries and the compensation you’re seeking. Negotiations for a settlement can occur.
Filing a lawsuit may happen if the at-fault party or their insurance company is unwilling to settle or offers unfair compensation as part of a settlement offer.
Discovery phase is the stage of the lawsuit where both parties exchange information and evidence and conduct depositions of potential witnesses.
Pre-trial proceedings can include motions, conferences, and additional negotiations between parties. Sometimes the court encourages a settlement during this phase.
Trial begins if a settlement isn’t reached. Both sides present their arguments and supporting evidence to determine liability and damages.
Make sure you follow your attorney’s guidance throughout the entire process to improve your chances of success.
How do you determine liability and damages?
It’s your attorney’s job to determine liability and damages for your case. They do this by carefully reviewing the facts, evidence, and applicable laws before making recommendations about your NM personal injury claims.
Some of the steps they may take as part of the process include:
Establishing the defendant owed a duty of care, breached that duty, and the breach caused your injuries.
Gathering relevant evidence to support your case, including medical records and witness statements.
Conducting a comparative fault assessment to determine if you have any fault in your injuries to accurately attribute liability.
Compiling a list of economic, non-economic, and punitive damages to determine the total scope of damages for the claim.
Using these and other methods, personal injury attorneys are skilled in conducting a comprehensive analysis of the relevant facts of your case to determine liability and damages.
Gathering your medical records and other relevant documentation is one way you can work well with your personal injury attorney on your case.
What are some tips for working with personal injury attorneys?
You are an integral part of the success – or failure – of your NM personal injury claim. Your willingness to work with your personal injury attorney ensures your rights are protected. Some of the things you can do to improve your chances of a successful outcome include:
Following your attorney’s advice. It’s OK to have questions or even disagree with an approach. However, keep in mind your attorney has your best interests in mind and knows the complexities of filing NM personal injury claims.
Keep all records and documentation. Medical bills, accident reports, correspondence, and other relevant documents help prove your case. Keep them well-organized and accessible for your attorney.
Be responsive and timely. Failing to meet required deadlines can prove detrimental to your case. If your attorney requests information, provide them by the deadline to ensure the best results.
Maintain realistic expectations. Personal injury cases are complex with many moving parts. It can take time to get through the process and address any challenges to your claim. Be patient and trust the process.
Do all NM personal injury claims go to trial?
No. Most personal injury attorneys do their best to settle NM personal injury claims out of court because it’s better for their clients. It’s emotional and stressful to recount accidents and incidents that caused your injuries in the courtroom. It also takes a lot of time to go through a trial, which may mean more missed work and lost income.
Settling your case is usually in the best interests of everyone involved. Sometimes trial judges encourage settlement before scheduling a court date if the two parties haven’t yet reached one.
Navigating the NM personal injury claims process
Navigating the NM personal injury claims process can be frustrating for the uninitiated. You don’t have to go it alone. Reach out to the experienced personal injury lawyers at Cameron & Russell to schedule your hassle-free consultation today.
