Tag: NM personal injury claims

How to Decipher NM Personal Injury Claims Jargon

NM personal injury claims are complex enough without tossing a bunch of legal jargon into the mix. Sometimes attorneys forget that their clients don’t live in their worlds. Relying on complicated legal terms to explain rights and responsibilities is never a good strategy.

Before you schedule a consultation with a New Mexico personal injury attorney, review our helpful guide that breaks down the common language associated with personal injury claims.

In this blog you’ll learn:

What is a personal injury claim?

A personal injury claim is a legal action you can take if you’ve suffered emotional, financial, or physical harm due to someone else’s carelessness or deliberate actions. NM personal injury claims are a way for you to seek fair compensation for your damages and other losses that are directly related to that negligence.

Several types of incidents fall under the umbrella of personal injuries in New Mexico:

  • Automobile accidents
  • Dog bites
  • Medical malpractice
  • Premises liability
  • Slip and fall accidents
  • Workers’ compensation
  • Wrongful death

Most personal injury claims are settled out of court. Whether yours ends up in a courtroom depends on the circumstances and the willingness of both parties to reach a fair resolution.

A jury box with 12 jurors who sit listening to a NM personal injury claims case.

Who are the key people in NM personal injury claims?

In a personal injury claim, several key people play essential roles in the process. Each person has specific responsibilities and impacts the outcome of your claim. Let’s break down all the individuals involved so you have a better understanding of everyone you might encounter during the claims period.

  1. The plaintiff
    A plaintiffis the person who initiates the personal injury claim. They suffered harm – emotional, financial, physical – because of the deliberate actions or negligence of another person. As a plaintiff, you seek compensation for your losses and other damages in your claim.

  2. The defendant
    The defendant is the person or entity (defendants can be businesses) against whom you’ve filed a personal injury claim. They are the party you’re accusing of responsibility for your pain and suffering. Your claim seeks fair compensation from the defendant.

  3. The insurance adjuster
    Insurance adjusters are a necessary part of the personal injury claims process. They work for the defendant’s insurance company. Insurance companies often make low-ball offers to plaintiffs to settle a complaint quickly. Never agree to any terms from an at-fault party’s insurance company before consulting a personal injury attorney.

  4. The personal injury attorney
    A personal injury attorney is the legal professional who helps you file your claim. During an initial consultation, your personal injury attorney can explain your rights and responsibilities. They and their staff gather all the documentation needed to prove your case. Personal injury attorneys also secure witness testimony and expert opinions. When necessary, they represent you in court.

  5. The witnesses
    Witnesses are crucial components of any personal injury claim. They can verify your injuries were caused by the carelessness or deliberate actions of another person. Bystanders, experts, and others who have information relevant to your case fall into this category.

  6. The medical professionals
    Medical professionals include any physician, nurse, or other healthcare practitioner who provided treatment for your injuries. Medical documentation is important evidence in your personal injury claim. Your attorney may request medical records and notes that prove the extent of your injuries.

  7. The expert witnesses
    If your personal injury case ends up in court, your attorney may include expert witness testimony. Expert witnesses can include medical practitioners, reconstruction specialists, engineers, and forensic scientists to clarify complex issues and support your claim.

  8. The judge and jury
    Personal injury cases that make it to court are overseen by a judge. Juries are selected to decide if the plaintiff has a case and, if so, what damages they should receive from the defendant as fair compensation. Defendants and their attorneys are more motivated to settle if they learn your case may end up in front of a jury that could award you significant compensation for your injuries.
A man gets out of his car that was just involved in an accident. He's holding his neck.

What does comparative negligence mean?

New Mexico is a pure comparative negligence state when it comes to personal injury claims. So, what does that mean, exactly?

Well, if you’re even partially at fault for your injuries, any amount you’re entitled to in a claim settlement or jury award is reduced by the percentage of your fault. Here’s how it works.

Let’s say you’re involved in an accident at work. The machine you were operating malfunctioned, causing you significant permanent injuries. An investigation of your personal injury claim determines you were 50% at fault because you weren’t following the safe usage guidelines for the equipment.

If a jury awards you $500,000 in damages but agrees you were 50% at fault, you may only be entitled to half that amount.

What is the statute of limitation for NM personal injury claims?

The statute of limitation for NM personal injury claims refers to the length of time you have to file your complaint from the date of the incident that caused your injuries. Under New Mexico law, you must file your personal injury claim within 3 years from the date of the accident or injury.

You can lose your right to seek fair compensation through the New Mexico courts if you fail to file a personal injury claim within the specified time. Defendants can use an expired statute of limitations to have your case dismissed.

A woman wearing a leg brace uses crutches to practice walking toward her physical therapist.

What are damages?

In a personal injury case, damages refer to the losses and harm you suffered in an accident, incident, or other situation due to another person’s negligence or deliberate actions. Fair compensation for your injuries is called damages in the legal system.

There are 2 types of damages in a personal injury case.

  1. Economic damages
    Economic damages are the measurable, quantifiable losses you incurred because of your injuries. They’re relatively easy to calculate since they include financial expenses like medical bills, lost wages, and any property damage (like during an automobile accident).

  2. Non-economic damages
    Non-economic damages are the intangible losses that are more challenging to quantify in a personal injury claim. Some examples of these kinds of damages include pain and suffering emotional distress, and loss of enjoyment of life.

In some cases punitive damages also may be awarded by a jury. Punitive damages are intended to punish the defendant for particularly reckless or intentional conduct. They go beyond compensating you for your injuries and are intended to make an example of the defendant to deter others from similar behavior.

What is a medical lien in NM personal injury claims?

A medical lien, sometimes called subrogation interest, is a claim or right that a medical provider or other third party can assert against a patient’s personal injury settlement. These most often happen in workers’ compensation cases where the medical treatment for your injuries exceeds the amount of workers’ compensation liability insurance coverage.

They also can happen if you don’t have adequate health insurance coverage and medical bills pile up because of your injuries.

If there’s a medical lien against your personal injury settlement, you can expect a percentage of your final financial reward to go to the lienholder to clear your medical debt.

Your personal injury attorney can sometimes convince a medical lienholder to agree to less than the amount paid for your medical care. In some cases, the amount of damages you receive may be less than your medical lien total. It’s important to work with a skilled attorney in these situations to ensure you’re not left with bills you can’t pay after settling your personal injury case.

A judge's gavel sits resting on the base. You can see an attorney and his client in the background signing a settlement.

What is a settlement offer?

A settlement offer in a personal injury case is a proposal made by the defendant or the defendant’s insurance company to resolve your claim without a trial. They can happen at any stage in the process. However, they are more common the closer you get to a jury trial because defense attorneys know jury trials often favor a plaintiff.

Most NM personal injury claims are settled outside the courtroom, which usually is best for the plaintiff. Avoiding a jury trial lessens the amount of stress you must endure to receive fair compensation for your injuries.

Settlement offers can include the following:

  • Compensation amount. The proposed amount of money the defendant or their insurance company is willing to pay to you in exchange for settling your claim.
  • Release of liability. Most settlement offers require the injured party to agree to release the at-fault party from further liability claims.
  • Closing the case. Accepting a settlement offer usually means your case is resolved and you waive the right to any further legal action for the same injuries or incident.

The only time a personal injury attorney rejects a settlement offer is if they know it’s not in your best interest.

Avoid NM personal injury claims jargon

Cameron & Russell’s team of highly-skilled personal injury attorneys use clear and concise language to help their clients understand their legal rights and responsibility. You can avoid NM personal injury claims jargon when you work with us on your case. We make sure you understand all aspects of your case from start to finish so you can make decisions that offer the best outcome possible.

5 Types of Damages You Can Seek in NM Personal Injury Claims

When pursuing NM personal injury claims, you must understand the types of damages you can seek. Working with an Albuquerque personal injury attorney with a proven track record in helping clients recover fair compensation for their injuries is a critical part of the process.

An experienced personal injury lawyer guides you through the process from start to finish. They can determine which types of damages you should request in your personal injury claim and advise you of your rights.

In this blog, we discuss the 6 most common types of damages you can seek. They include:

Review the types and then call our offices to schedule a free case evaluation. We help our clients pursue NM personal injury claims with successful outcomes.

Two radiologists stand near a patient in an MRI machine.

1 – Medical Expenses: Recovering Healthcare Costs

When someone else’s carelessness or deliberate actions cause you serious injury, medical bills can pile up quickly. You shouldn’t have to struggle financially to pay for the medical treatment you require to recover from those injuries.

Personal injury attorneys request medical expenses when outlining the damages you’re seeking as part of your NM personal injury claims.

Some of the medical expenses covered under New Mexico’s personal injury claims statute include:

  • Emergency room treatment immediately following your injuries.
  • Hospitalization (if required) after suffering injuries.
  • Diagnostic scans (CTs, MRIs, X-rays) to determine extent of injuries.
  • Prescription medications used to treat your injuries.
  • Rehabilitation services such as physical therapy.
  • Surgeries and other medical procedures to treat your injuries.

If medical care is ongoing, such as for a permanent disability, including those expenses in your medical damages is permissible under New Mexico personal injury law.

2 – Lost Wages: Compensation for Time Off Work

Missing work is one of the biggest sources of stress when you’re injured because of someone else’s negligence. The more time you spend off work, the more your bills pile up. It’s especially concerning when the primary wage earner in a household is incapacitated and unable to report to work.

Thankfully, NM personal injury claims can include requests for lost wages. If you have lost or continue to lose income because of your injuries, your personal injury attorney can guide you through the process of how the courts calculate lost wages for damages.

Some of the factors typically considered include:

  • Pre-injury earnings are a critical factor in calculating your lost wages. Include regular wages, salary, hourly rate, commissions, bonuses, and any other forms of compensation you received before your injury.
  • Time missed from work counts as lost wages in New Mexico. Make sure you include the initial recovery period, plus time off for ongoing therapies or treatments.
  • Future income loss is calculated if you end up with a long-term or permanent disability that affects your ability to earn income in the future. An expert’s opinion is usually required when making this part of your claim for damages.
  • Employment benefit loss applies if any loss of income directly affects your benefits like health insurance, retirement contributions, and paid time off.

You must provide proper documentation of your work history to substantiate your lost wages claims because New Mexico follows a mitigation of damages principle when awarding damages.

Two heavily damaged cars that were in an accident.

3 – Property Damages: Reimbursing Repair or Replacement Costs

Property damages are common requests in automobile accidents in New Mexico. Some personal injury victims are so focused on getting medical care for their injuries that they forget they can claim property damages for their vehicles and other belongings broken during the impact.

Property damage liability is required coverage in New Mexico. All motorists must include it in their vehicle insurance policies. New Mexico’s minimum auto liability insurance amounts include $10,000 for property damage for any one accident. If this isn’t enough to cover your losses, your personal injury attorney can request the balance in damages in your lawsuit.

4 – Non-Economic Damages: Evaluating Pain and Suffering

Your personal injury attorney can factor in your pain and suffering and ongoing emotional distress from a personal injury into your NM personal injury claims. Unlike economic damages that involve tangible financial losses, non-economic damages focus on the subjective and intangible impact of your injuries.

Some of the non-economic damages you can request in your claim include:

  • Emotional distress and mental anguish refer to the psychological impact and emotional trauma you suffered because of the accident or your injuries. Long-term or permanent disabilities that cause chronic pain contribute to your emotional state and can be used to support an emotional distress damages request.
  • Disfigurement and scarring refer to visible scars, disfigurement (such as limb loss), or other permanent physical changes. You can seek financial compensation for the negative impact on your physical appearance and the emotional distress they cause.
  • Loss of consortium refers to any impact your injuries have caused on your personal relationships, such as with a spouse or partner. You can include that loss of companionship, affection, sexual intimacy, and support in your request for damages.
A man in a blue suit jacket and white shirt holds out a cell phone. Above it are the words "damages claim" and five symbols that depict the 5 types of damages for personal injury claims.

5 – Punitive Damages: Holding the At-Fault Party Responsible

In New Mexico, punitive damages are those which go above and beyond compensating you for your losses. Unlike economic and non-economic damages intended to restore you to your pre-injury state, punitive damages strictly serve the purpose of punishing the at-fault party for their actions.

Punitive damages are most appropriate for defendants who engaged in deliberate behaviors that caused your injuries. For instance, if a drunk person chooses to drive and then crashes into your car, punitive damages punish them for that deliberate choice.

You must demonstrate the defendant’s conduct was intentional, malicious, and reckless to support your request for punitive damages in New Mexico.

5 Types of NM Personal Injury Claims

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.

Two EMTs put a neck brace on a car accident victim who is behind the wheel before moving him for treatment of his injuries.

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.

A man wearing a dress shirt and dress pants sits at the botton of the stairs at work, holding his back. He fell down the stairs.

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.

A judge's gavel and a medical stethoscope sit on a desk. A row of law books appears in the background.

3 – Medical Malpractice

Misdiagnoses. Medication mistakes. Surgical errors.

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.

The interior of a car with red seats and two deployed airbags.

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.

A worker wearing gloves and a uniform lays on the ground, with a hard hat that came off their head laying nearby.

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.

Your Comprehensive Guide to NM Personal Injury Claims

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:

What is a NM personal injury claim?

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.

A public sidewalk has a huge hole in it where a drain cover used to be. Two blocks sit on either side of the open hole, with an orange safety cone nearby.
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.

A workers' compensation claim form, with the word "declined" stamped across it.
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.

A man with a green cast on his foot lays on a couch with a crutch next to him.
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 client and attorney sit at a desk to discuss a case. A gavel appears in the corner of the desk, along with legal papers in a blue folder.
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.

A woman holds a tablet in her hands that has a digital version of medical records displayed.
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.

Call Cameron & Russell for a Free Case Evaluation

Bill Russell and Marcus Cameron are the faces behind Cameron & Russell. We go the extra mile for our clients to pursue personal injury claims and provide criminal defense. We approach every case with a fresh eye to detail and the determination to represent our clients to the fullest extent the law allows. We passionately defend clients facing criminal charges, and relentlessly seek out fair compensation for personal injury claims. No matter your situation, we promise to tirelessly represent your legal needs. 

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