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

Written by bkwritingsupport on July 6, 2023. Posted in Personal Injury Case. Leave a Comment

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:

Medical expenses
Lost wages
Property damages
Non-economic damages
Punitive damages

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 Personal Injuries That Can Ruin Easter

Written by bkwritingsupport on April 6, 2023. Posted in Personal Injury Case. Leave a Comment

Personal injuries can happen at any time, including during Easter. Spending holidays with friends and family always increases the likelihood you or someone you love could get hurt. A higher risk of injury comes with so many people out and about on the roadways and at Easter events celebrating the season.

Keep safety in mind when you’re planning your Easter celebration. An Albuquerque personal injury attorney can help if you’re the victim of an accident that causes injury.

In this article, we discuss the 5 most common personal injuries that can ruin your Easter and how to avoid them.

1 – Car Accidents and Personal Injuries

Roughly 25% of Americans plan to travel this Easter weekend, which means an increase in the number of vehicles on the roadways. Since most people don’t get extended time off for the Easter holiday, the most traffic is expected between Friday and Monday. Toss in spring break traffic, and congestion also can happen the week after the holiday.

Car accidents are unfortunately common during the Easter season. If you’re planning to travel locally or even out of state in your vehicle, there are steps you can take to avoid most accidents.

Avoid distractions while driving. Put your cell phone away and don’t eat or drink while driving to keep your focus on the roadways. Looking away for even 2 seconds can increase your risk of crashing.
Don’t drive under the influence. Many Easter celebrations include alcoholic beverages. Never drink and drive to reduce your chances of causing an accident that can injure yourself or others.
Follow traffic rules. Speeding, failing to stop completely at stop signs, and running through traffic signals can all end in disaster. Make sure you’re following the rules of the road to arrive safely.
Plan ahead. People tend to rush when they don’t have a plan in place. Determine what time you must leave to safely arrive at your destination. Allow extra time for handling unexpected detours along your route.

A young girl carrying an Easter basket hunts for Easter eggs in a barn during an Easter egg hunt. Children can experience personal injuries during hunts if not supervised closely. — Easter egg hunts can cause personal injuries if children aren’t closely supervised.

2 – Easter Egg Hunts and Personal Injuries

Easter egg hunts are a tradition during the holiday. Children and adults look forward to hunting for eggs filled with goodies. However, Easter egg hunts are the perfect environment for accidents and injuries that might require the expertise of an Albuquerque personal injury attorney.

Children easily get caught up in the excitement and can end up colliding with other children or objects that can cause serious injuries like broken bones, head trauma, and cuts and bruises.

Choking is another egg hunt hazard. The eggs used in these hunts may contain small toys or trinkets that can become lodged in your child’s throat. It’s particularly dangerous for young children who don’t yet understand the risks of putting things in their mouths. Organizers should avoid using these kinds of toys in Easter egg hunts when possible.

3 – Slip and Fall Personal Injuries at Easter

Slips and falls can happen any time of the year. In the spring months when Easter occurs, you’re more likely to encounter wet grass, slick sidewalks, and uneven terrain. Children hyped up on sugar from their Easter baskets are most at risk of slipping and falling during Easter celebrations. Following these tips can help avoid injuries.

Be aware of your surroundings. Remind children who are running and playing in unfamiliar areas to keep an eye out for potential hazards like uneven or wet surfaces.
Remove clutter and other obstacles. If you’re having guests over, create a clear path for them in the areas where you’ll be hosting them. Removing clutter and other obstacles can prevent tripping and falling accidents that cause serious injuries.
Wear appropriate footwear. It’s tempting to toss on some flip flops or heels for Easter, but if the weather outside is wet, choosing that type of footwear can increase your chances of slipping and falling.

A table set for Easter dinner with dishes and various foods sitting out for guests. — Easter feasts can quickly spoil if food safety guidelines aren’t followed.

4 – Food Poisoning Personal Injuries at Easter

No Easter celebration is complete without a feast that includes all your favorite dishes and desserts. However, the risk for food poisoning is a concern. If you’re hosting and preparing Easter dinner for your family and friends, make sure you follow proper preparation and storage recommendations to keep your guests from becoming sick.

Here are some helpful tips for avoiding Easter feast food poisoning:

Avoid cross-contamination. Use separate cutting boards for preparing raw meats and dairy products (like eggs). Never use the same utensils and serving dishes for raw meats and cooked foods without a thorough washing first to avoid food-borne illnesses.
Cook and store food at the right temperature. Make sure any dishes containing raw meat or dairy are cooked to the recommended temperatures to prevent illness from bacteria or other contaminants. Once prepared, keep food at a safe temperature. Never leave prepared foods sitting out for long periods. Refrigerate anything that can spoil.
Wash your hands. If you’re preparing food for others, make sure you wash your hands first. It’s also a good idea to wash your hands before eating, especially for buffet-style meals. Encourage your guests to do the same.

An Easter basket with foil eggs and straw grass. Easter baskets can cause personal injuries if products are defective or pose a choking hazard. — Easter egg baskets can harbor toys and treats that pose a safety hazard to young children.

5 – Unsafe Products and Easter Personal Injuries

Easter baskets are a tradition for many families. However, that Easter basket joy can quickly turn into a trip to the emergency room if it includes defective or unsafe products.

Decorations and some toys may contain toxic ingredients that can cause accidental poisoning, especially for little children who put everything in their mouths. Other toys and treats pose choking hazards.

Follow these steps to minimize the chances of personal injuries from Easter baskets.

Follow instructions if you’re using decorations or dye kits to avoid the risk of accident or injury.
Never buy counterfeit or off-brand products that may not meet safety requirements for children.
Read all labels to ensure you’re giving age-appropriate toys and treats to children.
Supervise young children when they are playing with their Easter toys or eating their treats.

Enjoy Easter Without Personal Injuries

Even when you take all precautions, accidents can still happen. If you or someone you love is injured during Easter, an Albuquerque personal injury attorney can evaluate your case to determine if you qualify for compensation.

We hope you never need us for an Easter accident, but if you do, we’re here to help!

7 Ways Insurance Companies Interfere with Personal Injury Lawsuits

Written by bkwritingsupport on February 23, 2023. Posted in Personal Injury Case. Leave a Comment

Insurance companies interfere with personal injury lawsuits frequently. Dealing with them can further complicate the already complex process of filing a personal injury lawsuit in New Mexico. Unfortunately, insurance companies are not on the side of the victim in most personal injury cases. Their priority is to protect their bottom line, paying out as little as possible in damages.

In some extreme instances, insurance companies can interfere with resolution of a personal injury case if they feel the outcome isn’t in their best interest. In this blog, we discuss 7 ways insurance companies interfere with personal injury lawsuits and how personal injury attorneys can help.

1 – Conducting Surveillance

Insurance companies can – and do – hire private investigators to dig up any dirt they can find on the victims of a personal injury lawsuit. They can look for information that discredits the claim. Victims might be followed and photographed, or video recorded in public places.

Private detectives also might seek out witnesses and interview them in the hopes of finding an eyewitness account to discredit a personal injury claim.

Although they’re working for the defendants in the case, private investigators still must follow a code of conduct established under New Mexico statutes. If a private investigator is harassing you or engaging in other unethical behavior, you can report them to the New Mexico Regulation and Licensing Department.

2 – Denying or Delaying Claims

Another way insurance companies interfere with personal injury lawsuits is by denying or delaying claims. It’s a common tactic that’s intended to frustrate the victims, ultimately pressuring them into settling for less than their case is worth.

Insurance adjusters can dispute the severity of your injuries, who is at fault for the accident, and the amount in damages claimed as reasons for the hold up.

If someone else’s negligent behavior caused you serious harm, you have a right to fair compensation. Never talk to an insurance company for the at-fault party before consulting an attorney that specializes in personal injury lawsuits.

An arbitration agreement document with a judge's gavel sitting on top of it. Insurance companies try to force arbitration to settle personal injury lawsuits outside the courts. — Insurance companies can interfere with your personal injury lawsuit by trying to force arbitration.

3 – Enacting Arbitration Clauses

Some insurance companies include arbitration clauses in their policies that require binding arbitration for settling disputes. They may try to apply these clauses as a means of delaying a personal injury claim against one of their policyholders.

However, if you’re not the policyholder, you can’t be forced into arbitration instead of taking your complaint to court. Third-party insurance claims aren’t subject to arbitration clauses, so if an insurance company tries to use this as justification for denying or delaying a claim, contact a personal injury attorney right away.

4 – Hiring Defense Attorneys

Victims aren’t the only ones who hire attorneys to protect their rights. Sometimes insurance companies hire defense attorneys that specialize in representing defendants of personal injury cases. These attorneys can request depositions and subpoenas, or file motions to challenge your case.

Even if none of these defensive moves ultimately succeed, the goal is to delay a settlement or court judgment on the claim. Unfortunately, there’s not much you can do to prevent insurance companies from using this delay tactic. Just make sure you have legal representation to protect your rights.

5 – Offering Lowball Settlements

One of the reasons most personal injury lawyers tell victims to never talk to the at-fault party’s insurance company is to protect them from lowball settlements. Insurance companies try to convince you to take less than an amount that fully compensates you for your injuries and losses because it’s what’s best for them.

Sometimes if you refuse a proposed settlement, insurance companies may try to pressure you to change your mind by saying it’s a one-time offer. They may threaten that you can take it or leave it, but you won’t get another offer later if you refuse it.

Accepting a lowball offer is tempting, but don’t fall for this trick. You can end up with unpaid medical bills, lost wages, and other expenses that cause you financial hardship.

A woman in a medical gown sits on an exam table waiting for a doctor. Insurance companies can request medical exams to delay or deny personal injury lawsuits. — Defense attorneys for the at-fault party’s insurance company might request a medical examination with a doctor of their choosing.

6 – Requesting Medical Examinations

Insurance companies can request that victims undergo a medical exam by a doctor of their choosing. Even if you’ve already had medical treatment for your injuries by your primary care doctor or in an emergency room, they can still request their own evaluation.

What they’re trying to do is create reasonable doubt that the at-fault party caused your injuries, or that your injuries aren’t as severe as you’re claiming. Their medical examiner might look for a pre-existing condition they can blame on your injuries, or dispute that your injuries were caused by the accident.

7 – Using Social Media Against Victims

Insurance companies might monitor your social media accounts looking for information they can use to challenge your personal injury lawsuit. For instance, they might try to use photos they find of you engaging in certain activities that are inconsistent with your injury claims.

Even if you think your social media is set to private, insurance companies can gain access to your accounts by requesting it from the courts.

Protect Yourself from Insurance Company Interference

Protect yourself from insurance company interference by working with an experienced personal injury attorney who can protect your best interests. Schedule your free case evaluation today by calling 505-218-7844 or contacting us online.

5 Reasons New Mexico Insurance Companies Deny Claims

Written by bkwritingsupport on January 4, 2023. Posted in Personal Injury Case. Leave a Comment

New Mexico insurance companies deny claims for many reasons. Even when the accident wasn’t your fault, you may find yourself locked in a battle with your insurance company—or that of the at-fault driver—to get fair compensation for your injuries and damage to your vehicle.

Insurance companies protect their bottom lines. They go above and beyond to find ways to limit or outright deny injury and damage claims.

Accident victims need someone in their corner who knows all the tricks insurance companies deploy and can offer effective strategies to counter them.

In this blog, we’ll discuss 5 of the most common reasons New Mexico insurance companies deny claims and how an experienced personal injury lawyer in Albuquerque can help you get around them.

You didn’t report any pain or injuries at the crash site.
You didn’t call the police after the accident.
You were the only one injured in the accident.
Your injuries couldn’t have been caused by the accident.
You were partially at fault for the accident.

Reason #1 – You didn’t report any pain or injuries at the crash site

Insurance companies fall back on this excuse a lot because they often get away with using it as justification to deny claims. They may refer to an official police report to substantiate their refusal.

We advise auto accident victims to always seek medical treatment after an accident, even if they aren’t sure they are injured or experiencing any immediate discomfort. If an ambulance is at the scene, ask to be evaluated on site and transported to the nearest emergency room for further evaluation.

It’s not uncommon for auto accident victims to sustain injuries that don’t fully surface until days after the crash. Some injuries that can take time to produce symptoms include:

Concussions. It can be hours, days, or even weeks before you start to experience the tell-tale signs of a concussion—concentration problems, dizziness, headaches, nausea, vision problems.
Internal bleeding. Sometimes called “seatbelt syndrome,” internal bleeding can take up to 3 days to rear its ugly head after an auto accident.
Neck and back injuries. It can take days or weeks for you to notice symptoms of back or neck injuries like herniated discs or muscle strains and sprains.
Whiplash. Symptoms of this common neck injury from auto accidents can take days or weeks to surface after the crash.

New Mexico Insurance companies deny claims police report — Calling police to the scene of an accident ensures a police report is filed that can be used to prove your claim.

Reason #2 – You didn’t call the police after the accident

Documentation is important for backing up personal injury claims. Failure to call the police to the scene of an accident signals to insurance companies that it wasn’t serious enough to warrant an investigation.

Even if you’ve just had a fender-bender and your car can be driven from the scene, we recommend calling the police to report the crash. The official police report can establish responsibility for the crash, list any witnesses, and denote any injuries or pain you’re feeling. You can use it later as evidence if you must file a personal injury claim.

While it’s important to call the police, the absence of their presence at an accident scene doesn’t justify an insurance claim denial. If you receive treatment for any injuries, you can use those medical records to support your claim.

Reason #3 – You were the only one injured in the accident

This sounds like a lame excuse because it is. Yet, insurance companies often try to use it to deny claims. Depending on the point and velocity of the impact, it’s quite possible that not everyone in a vehicle gets hurt during a crash.

For instance, if a car runs a red light and collides with the driver’s side of your vehicle, the impact can cause the airbags on your side to deploy but not the ones on the passenger side. The force of an airbag deploying can damage your eyes, jaw, and nose. In some cases, it might even break ribs or cause blunt-force trauma injuries depending on how close you were to the steering wheel at the time of deployment.

New Mexico Insurance companies deny claims injuries — Don’t let an insurance company claim your injuries weren’t caused by the accident. Get documentation from a trusted physician.

Reason #4 – Your injuries couldn’t have been caused by the accident

It’s never a good thing when insurance adjusters play the role of a medical professional. This excuse for denying a claim comes into play when accident victims suffer a unique injury. Insurance companies may try to argue it couldn’t possibly have been caused by the auto accident and refuse to cover the costs of treatment and any ongoing pain and suffering.

Receiving a medical evaluation and treatment for your injuries as soon after the accident as possible can help counter this reason for a denial of your claim. Courts recognize that medical professionals are the experts. If a doctor documents your injury as caused by the automobile accident, you have a strong case for a personal injury claim that sticks.

Reason #5 – You were partially at fault for the accident

Let’s say you were driving a little too fast and failed to see a stop sign as you rounded a bend in an unfamiliar roadway. Your quick stopping action (to avoid running the stop sign) causes the car behind you to rear-end your vehicle.

Insurance companies might try to assert that your partial responsibility for the accident negates your right to file a claim for your injuries and damages to your vehicle. An experienced personal injury attorney in New Mexico can counter this argument to ensure you receive fair compensation.

Your actions do not change the fact the driver behind you didn’t have control of their vehicle and failed to stop. They may have been following your vehicle too closely to have enough time to react. This information can be used to fight the insurance company’s initial denial.

Don’t take no for an answer

Don’t back down when an insurance company denies your initial claim for coverage. You have rights under New Mexico personal injury laws. Our experienced personal injury attorneys can fight to receive fair compensation for you.

Never agree to any settlements or sign an acknowledgement of claim denial without first consulting with an attorney from our team. Reach out today to schedule your free case evaluation.

Sources

Herniated disk. mayoclinic.org. Accessed January 4, 2023.
Injuries associated with airbag deployment. ncbi.nlm.nih.gov. Accessed January 4, 2023.
Seat belt syndrome: Delayed or missed intestinal injuries, a case report and review of literature. sciencedirect.com. Accessed January 4, 2023.
Traumatic Brain Injury & Concussion. cdc.gov. Accessed January 4, 2023.
Whiplash Injury. hopkinsmedicine.org. Accessed January 4, 2023.

Nothing Says Merry Christmas Like a Lawsuit

Written by bkwritingsupport on December 20, 2022. Posted in Personal Injury Case. Leave a Comment

Holiday shopping? Check.

Buying all the ingredients for a holiday feast? Check.

Inviting friends and family over to celebrate? Check.

Hiring a personal injury lawyer? Say what, now?

The holiday season traditionally is a time for giving gifts, eating too much, and spending plenty of time with your loved ones. Sometimes, though, holidays can bring out the grinch in people. Encountering one of these individuals can bring the wrong kind of gifts to your holiday celebration – lawsuits.

Other times, you may find yourself injured because of someone else’s carelessness or negligence during the holidays. In that case, you may need to pursue a personal injury lawsuit against the responsible parties.

Here are some of the most common lawsuits filed during the holiday season and what you can do if you find yourself needing the services of an Albuquerque personal injury attorney this holiday season.

Christmas lawsuit car accident — Car crashes are one of the biggest contributors to holiday personal injury lawsuits.

Automobile accidents

AAA expects roughly 102 million Americans to drive to their holiday destinations this year. Your chances of getting into an automobile accident increase when there are more drivers on the roadways. Albuquerque is known for having some of the most dangerous roadways in the country. Whether you’re traveling 2 miles down the road to get that jar of gravy you forgot for your meal, or you’re driving 40 miles to grandma’s house, all it takes is one reckless driver to ruin your holiday.

If you become the victim of careless driving, protecting your rights is critical. Never agree to talk to insurance companies or attorneys for the at-fault party without first consulting an Albuquerque personal injury lawyer. Saying or doing the wrong thing can mean the difference between receiving fair compensation for your injuries and getting cheated by insurance and legal representatives protecting their client’s bottom line.

Christmas lawsuit office parties — Office parties can end in personal injury lawsuits, especially when alcohol is involved.

Holiday party injuries

‘Tis the season for holiday parties. Company parties can be lawsuits waiting to happen under certain conditions. Providing an open bar for employees is one of them.

Drunk individuals make poor choices that can include getting behind the wheel. If you serve alcohol as part of your holiday festivities at the office, do so knowing you’re liable if someone overindulges and causes a serious accident later while driving drunk.

Holiday party injuries don’t have to be limited to someone making the decision to drive drunk. People who have had too much alcohol become uncoordinated. It becomes more difficult for them to think and move at the same time. They may end up falling and getting seriously injured or causing injury to another party-goer. Again, your company may be liable for a personal injury lawsuit in these situations.

Eliminating or restricting alcohol at company parties is a smart move to protect yourself from personal injury lawsuits in Albuquerque.

Slips and falls

Slips and falls are other common injuries during the holidays. They can happen if the weather turns cold and a property owner fails to properly treat their sidewalks and driveway. Guests also can get hurt by tripping hazards in your home or business, including holiday decorations, cords for outdoor lights, and even toys opened and left lying around.

You can protect your home or business from personal injury lawsuits by ensuring all public areas are hazard-free. Keep outdoor areas safe by shoveling and salting (if necessary).

Unfortunately, this time of year can bring out scammers looking to cash in on slip-and-fall personal injury lawsuits. If you think you’re the victim of such a scam, it’s important to reach out to an Albuquerque personal injury lawyer who can assess the situation and help you determine the best steps to protect yourself.

Rely on experienced personal injury lawyers

If you’re the victim of someone else’s negligence this holiday season, you have recourse. Contacting an experienced personal injury attorney in Albuquerque is the first step you should take to protect your rights.

Bill Russell knows the ins and outs of personal injury law in Albuquerque. He can evaluate your case and make suggestions for the most effective strategy for receiving fair compensation. Reach out today to schedule your free consultation.

Hurt During the Holidays? We Can Help.

Written by bkwritingsupport on December 8, 2022. Posted in Personal Injury Case. Leave a Comment

Holidays are supposed to be filled with good tidings for comfort and joy. Sometimes, though, they can be filled with trips to the emergency room for treatment from holiday injuries. No one likes to think about getting hurt during the holidays, but it can happen when people engage in careless or negligent behavior.

Instead of spending time with family and friends, you can find yourself the victim in a personal injury claim. Holiday activities like decorating the exterior of your house and enjoying a family ski trip come with the risk of accidents and injuries.

Learn about some of the most common causes of personal injuries during the holidays, and what you can do to secure fair compensation if you fall victim this holiday season.

Common personal injury #1 – burns

Holidays mean spending time with family and friends. Most of the time, these get-togethers involve food. Burns from cooking accidents are one of the most common personal injuries during the holidays. Whether you’re deep-frying a turkey or retrieving roasted chestnuts from an open fire, the potential for serious burns exists.

It’s not always the host who ends up getting burned. If you’re a guest at someone’s home and you suffer burns because of improperly maintained firepits or fireplaces, you have a right to seek fair compensation for your injuries.

Hanging holiday lights without help can land you in the emergency room.

Common personal injury #2 – falls (and slips)

‘Tis the season for slips and falls. Sometimes these kinds of holiday accidents are because of your own carelessness. Maybe you climbed up a ladder to hang Christmas lights without someone there to help you and suffered a fall. It happens.

However, there are times when you can get seriously hurt on someone else’s property because they failed to properly maintain it during icy and snowy conditions. Icy driveways, sidewalks, and other walkways lead to roughly 3 million slip and fall injuries each year. You have rights if your holiday get-together is ruined because of your host’s poorly-maintained property.

Common personal injury #3 – respiratory injuries

Wintertime is a popular time for indoor fires. Who doesn’t enjoy sitting by a warm fire – natural wood or natural gas – while sipping a cup of hot chocolate with marshmallows and snacking on some holiday cookies?

That picturesque holiday scene quickly can turn into a respiratory injury if the fireplace is improperly configured or otherwise malfunctioning. Carbon monoxide inhalation causes more than 50,000 visits to the emergency room each year in the U.S. If you end up listed among the statistics, follow up with a personal injury lawyer to discuss your rights.

Car crashes are among the most common ways people get hurt during the holidays.

Common personal injury #4 – traffic accidents

Families travel during the holidays. Whether that’s just down the road to grandma’s house, or three states away for a holiday ski trip with your immediate loved ones, chances are you’ll be among the 109 million Americans traveling this holiday season.

All it takes is one careless driver to cause life-threatening injuries. You or your loved ones can suffer temporary or permanent disability – even death – if you encounter the wrong drivers during your holiday travels.

Car accident victims have a right to file personal injury claims in New Mexico. You have up to three years from the date of the accident to pursue fair compensation for your injuries.

Common personal injury #5 – winter sports accidents

Skating, skiing, sledding, snowboarding, and snowmobiling are just a few of the winter sports people enjoy together during the holidays. It can be easy to get injured doing any of these activities if you end up the unsuspecting recipient of faulty equipment.

If you end up hurt because of third-party negligence, you should speak with a personal injury attorney right away. They can help you secure fair compensation for your injuries.

Seek help for holiday personal injury claims

When you’re injured through no fault of your own during the holidays, it’s important to protect your rights. You’re not required to speak with attorneys or insurance companies representing the at-fault party. Never agree to a settlement without first consulting with an experienced personal injury attorney.

Bill Russell vigorously defends the rights of personal injury victims in Albuquerque and throughout New Mexico. Schedule a free case evaluation with him to review your personal injury case today.

5 Tips for Safe Thanksgiving Travel

Written by bkwritingsupport on November 22, 2022. Posted in Personal Injury Case. Leave a Comment

If you’re among the nearly 55 million Americans hitting the road this Thanksgiving holiday, you’re going to experience some crowded roadways. Taking a road trip of more than 50 miles always comes with challenges. Preserving your safety (and that of your passengers) is priority number one.

America’s roadways become more dangerous every year. Americans have a 1 in 63 chance of getting into a car accident.

There are things you can do to minimize the risk. Following these 5 tips for safe Thanksgiving travel can get you to your destination so you can enjoy the holiday with your family and friends.

Eating while behind the wheel can cause you to have a serious accident.

#1 – Avoid distracted driving

Distracted driving contributes to 9 percent of all fatal automobile accidents in the U.S. Another 15 percent of distracted driving crashes cause significant injuries. From eating while driving to talking or texting on your cell phone, turning your attention away from your driving for even a few seconds can have disastrous results.

The longer your travel time before arriving at your destination, the more tempted you can be to multitask behind the wheel. However, it’s not worth the risk to your safety and of others on the roadways.

If you must use your cell phone, pull off the road in a safe place. Never try to eat while driving, even if you think it can save you time on the roadway. Even if you order takeout, pull over and take the time to eat it before getting on your way again.

#2 – Don’t speed

Speeding is the number one factor in a third of all fatal accidents each year, according to the National Highway Transportation Safety Administration (NHTSA). It can be tempting to drive above the recommended speed limit, especially if you are worried about being late for a family gathering or other holiday event.

It’s better to arrive late than not at all, so resist the temptation to go faster than is safe for the road conditions. At a speed of 60 miles per hour, it takes roughly 140 feet to come to a full stop after hitting the brake. Be sure to follow the speed limit and practice following a safe distance from the vehicle in front of yours.

“Drinksgiving” is the Wednesday before Thanksgiving, which is a popular time to drink in the U.S.

#3 – Never drive under the influence

The Wednesday before Thanksgiving has become known as “Blackout Wednesday” – or “Drinksgiving” – because of its popularity for alcohol consumption. Traveling during this period can increase the likelihood of sharing the roadways with drunk drivers.

If you plan to celebrate Wednesday evening, drink responsibly by not getting behind the wheel of your car. Also, never get into a car with someone who is planning to drive after drinking. Make alternative arrangements like hailing a cab or using a ride share service.

Avoid impaired drivers when possible if you encounter them on the roadways. Note the make and model of their vehicle (and license plate if possible) and call 911 to report them so the police can get them off the roadways.

#4 – Practice some patience

No one likes to get stuck in traffic, especially when traveling for the holidays. The likelihood of experiencing heavy traffic and delays on your journey is high during the Thanksgiving holiday. Practicing some patience can help avoid incidents of road rage.

If you encounter another driver experiencing road rage, call 911 immediately. Never try to engage with the person, especially if their anger seems directed toward you.

Take frequent breaks when driving long distances to prevent drowsiness.

#5 – Take frequent breaks

Traveling long distances can make you tired mentally and physically. Taking frequent breaks can help prevent drowsiness behind the wheel, which leads to 100,000 crashes, 71,00 injuries, and 1,500 fatalities each year on U.S. roadways.

If you’re traveling with a passenger of legal driving age, take turns behind the wheel. Never rely on caffeinated beverages to give you the stamina to keep going if you’re becoming tired. Caffeine provides a temporary energy boost but is not a long-term replacement for proper rest.

Protecting your rights in a traffic accident

If you’re the victim of a careless driver during the Thanksgiving holiday, you have rights. It’s important not to make a mistake after an accident that can limit your ability to sue for fair compensation.

Contacting a personal injury lawyer in Albuquerque is one of the first steps you should take to protect your rights after a traffic accident. Never talk to the insurance company for the at-fault driver or agree to any kind of settlement without first speaking to a personal injury attorney.

5 Hidden Injuries from Car Accidents

Written by bkwritingsupport on October 20, 2022. Posted in Personal Injury Case. Leave a Comment

Hidden injuries from car accidents can cause debilitating symptoms for crash victims. It’s one of the many reasons why you should get checked by a medical practitioner following an auto collision. Self-checks – including medical evaluations by emergency medical technicians at the scene – can miss these hidden injuries.

You may be lulled into a false sense of security, thinking you’re fine when you have concealed trauma. Those injuries might not become physically obvious for hours, days, or even weeks after an accident.

Even after a minor fender-bender, consider visiting a local emergency room or your primary care doctor for a thorough examination. It may seem like an overreaction, but a medical professional familiar with hidden injuries from car accidents is more likely to spot any of these serious conditions.

1 – Internal injuries

Airbags and seatbelts save lives during car accidents. However, they can cause some hidden injuries in the process. These safety devices accomplish the greater task of preserving your life by holding you in your seat. Depending on the force of impact during the collision, the restraint can cause extensive trauma to your internal organs.

The pressure from your seatbelt can cause internal bleeding, which is life-threatening. You may not have any immediate symptoms, so it can be easy to think you’re fine when you’re not.

Some of the warning signs of internal bleeding include:

Abdominal pain.
Chest pain.
Dizziness.
Low blood pressure.
Numbness in the extremities.
Severe headache.
Weakness on one side of your body.
Vision problems.

Get to an emergency room immediately if you have any of these symptoms in the hours or days after a car crash. You could be dealing with a hidden injury.

hidden injuries car accidents neck injury — Whiplash can be a common hidden injury in car accidents. It can take days to surface sometimes.

2 – Neck injuries

Whiplash can be common among car crash victims. During a collision, the force of impact creates a whipping action between your head and neck. Whiplash causes soft tissue damage that might not be immediately detected.

If in the days following a car crash you begin to experience these signs or symptoms, it’s a good idea to get checked by a medical practitioner:

Dizziness.
Headaches.
Neck pain and stiffness.
Tenderness in your arms, shoulders, or upper back.
Loss of range of motion in your neck.

Treatment can include physical therapy and pain management techniques to resolve whiplash sooner.

3 – Posttraumatic Stress Disorder (PTSD)

While not a physical injury, posttraumatic stress disorder, or PTSD, can happen after a car accident. It’s a hidden psychological injury that can sometimes get overlooked.

Depending on the severity of the crash, victims can be left traumatized by what they’ve witnessed. PTSD can be more common in automobile accidents with fatalities.

It can take days or weeks for PTSD to surface. If you begin to experience any of these symptoms after a car crash, it’s time to see a mental health expert:

Anxiety
Depression
Flashbacks
Nightmares
Phobias

4 – Soft tissue damage

You may not be thinking about your ankles, back, feet, or knees after a car accident, but they can be the location of soft tissue damage that cause pain or mobility issues later. Other places that can experience soft tissue injuries are your elbows, shoulders, and wrists.

It might take a few days for soft tissue damage from a car accident to surface, but when it does, you can experience any of the following symptoms:

You can’t bear weight on the injured area.
You experience joint instability.
You have knots or lumps at the injury site.
You have limited range of motion.
You have muscle cramps or spasms.
You have swelling at the injury site.

Call your doctor right away if any of these signs surface after a car accident. They may prescribe pain management strategies that include medications and physical therapy.

TBI hidden injuries car accidents — TBIs are among hidden injuries from car accidents. TBI can only be detected with a CT scan or MRI.

5 – Traumatic Brain Injury (TBI)

Brain injuries can be scary. They also can be common after a serious car crash. Whiplash, which we mentioned earlier, can cause concussions and TBIs that go unnoticed at first. If you lose consciousness during a crash, you should automatically be evaluated for brain injuries.

However, it’s possible to get a concussion or a TBI without losing consciousness. Symptoms of concussion and TBI that signal it’s time to get a medical evaluation include:

Confusion
Dizziness
Headache
Memory loss
Nausea
Tinnitus (ringing in the ears)

It can be difficult to tell the difference between a concussion and TBI because they share some common symptoms. TBI has lasting cognitive effects that impact daily living. If you start to have any of these symptoms, it could be a warning that you’re suffering from a hidden TBI:

A decreased awareness of yourself and others.
A failure to follow multiple-step directions.
An inability to understand abstract concepts.
A shortened attention span.

CT scans and MRIs are the only way to determine if you have hidden brain injuries from a car accident.

How to handle hidden injuries from car accidents

Seeking medical attention right after a car accident can help identify hidden injuries. It also can provide valuable documentation needed if you decide to file a personal injury claim against the at-fault party.

Car crash victims should consult with a personal injury attorney experienced in handling hidden injuries from car accidents to ensure their rights are protected.

Avoid These 5 Mistakes After an Accident

Written by bkwritingsupport on October 4, 2022. Posted in Personal Injury Case. Leave a Comment

No one starts their day off expecting to get into an automobile accident. Most people go to great lengths to avoid it by practicing safe driving techniques behind the wheel. Despite your best laid plans, all it takes is one careless driver to turn an otherwise pleasant outing into a serious crash.

Albuquerque has a lot of busy roadways, including the infamous “Big I” intersection of I-25 and I-40. It’s one of the most dangerous intersections in the country because of the amount of traffic that travels through there each day.

If you’re unfortunate enough to be in an accident anywhere in New Mexico, it’s important not to make these 5 common mistakes as a car crash victim. If you do, it can affect the outcome of a future personal injury lawsuit should you suffer long-term effects from the accident.

mistakes after accident call police — Calling the police ensures you get an accident report that lists the at-fault party.

Mistake #1: Not calling the police

When an accident is serious enough to cause injuries and disrupt the normal flow of traffic, the police must be called to conduct an official report and direct traffic if necessary. Even if you aren’t seriously injured (or don’t think you are at the time), it’s important to still contact the police to come and provide a written report of the accident.

The police can conduct an official investigation and create an accident report that details who was at fault in the accident. Official police reports can be valuable supporting evidence if you later file a personal injury lawsuit in Albuquerque or anywhere else in New Mexico.

accident mistakes witness information — Failing to get witnesses’ contact information can hurt your personal injury claim.

Mistake #2: Not getting witness information

Getting the contact information for any witnesses to an accident is another reason to call the police to the scene. Police officers can talk to witnesses and make note of how to find them in the future should they need further information.

Your personal injury attorney can use crash witnesses to pursue a personal injury claim in Albuquerque. Witness statements and testimony can be particularly useful if there is a question about who was at fault. Without witnesses to back up your claims, the at-fault party’s insurance company can create a narrative that puts you fully or partially at fault for the accident.

Mistake #3: Failing to get a crash report

Remember when we said it was a good idea to call the police to the scene of an accident, even if you don’t think you’re seriously hurt? It doesn’t do you much good to have the police investigate and file a report if you forget to get a copy of that report.

Most police departments provide both parties with a summary of the accident report on the scene. At the very least, they’ll give you their card so you can contact them or their department later.

If you’ve forgotten to get a police report for your accident, let your personal injury attorney know right away. They can reach out to the police to review the report and ensure all information contained in it is correct.

Mistake #4: Failing to seek immediate medical attention

Even if you think you’re OK after an accident, it’s important to be checked out by a medical professional. You could have a hidden injury that takes a few days to surface. Among the most common include:

Concussions.
Herniated disks.
Internal bleeding or damage to internal organs.
Soft tissue injuries to ankles, elbows, feet, knees, and shoulders.
Whiplash.

If you have a serious hidden injury like a Traumatic Brain Injury (TBI) or internal bleeding, those conditions can become life-threatening if misdiagnosed or ignored.

Getting a medical evaluation right after the accident also can help in a personal injury claim. It provides supporting evidence of your physical trauma that can be used by a personal injury attorney to seek fair compensation for your injuries.

car accident victim personal injury attorney call — Calling a personal injury lawyer as soon as possible after an accident can help crash victims protect their rights.

Mistake #5: Failing to call a personal injury attorney immediately

Accident victims can sometimes make the mistake of trusting the insurance companies – theirs and the at-fault party’s – of doing the right thing after an accident. Insurance companies sometimes lowball accident victims with settlement offers that require you to sign away your rights to pursue additional compensation later.

Never talk to an insurance company or agree to a settlement without first talking to an experienced personal injury attorney. Your attorney serves as your official negotiator and can determine if it’s in your best interest to accept a settlement or push for additional compensation.

How a personal injury attorney can help

Consulting with a personal injury attorney in Albuquerque can help crash victims avoid these five common mistakes. Bill Russell has represented injured people and their families for years throughout the state of New Mexico. He goes the extra mile to stand up for automobile accident victims, ensuring they receive fair compensation for their injuries.

Book a free case evaluation with Bill and the team at Cameron & Russell Law today to get started.

Driverless Trucks Increase the Risk of Crashes

Written by bkwritingsupport on July 5, 2022. Posted in Personal Injury Case. Leave a Comment

Driverless trucks are part of the push toward automation in the United States. With the truck driver shortage continuing, some companies have developed autonomous trucks that can handle the task without a human behind the wheel. While most people are familiar with other kinds of self-driving vehicles, many may be uncomfortable with the idea of an 80,000 pound fully loaded tractor trailer driving itself.

Yet, in the U.S., it’s estimated that 90 percent of all long-haul trucking may soon be done without drivers. One company, TuSimple, already has an autonomous truck performing depot-to-depot runs in Arizona and Texas. The San Diego-based company said it plans to use driverless trucks to improve safety and efficiency in the trucking industry.

How safe are you on the roadways with self-driving trucks? Considering self-driving cars caused nearly 400 crashes in less than a year in the U.S., it’s understandable that you might be concerned about autonomous trucks.

Drivers who are injured because of autonomous trucking technology have rights. You can speak with a personal injury attorney in Albuquerque, who can help you receive fair compensation for your injuries and property damage.

Driverless trucks are on the nation’s highways, increasing the risk of truck crashes.

How safe are autonomous trucks?

The answer to this question is still relatively unknown, as most companies pursuing the technology are still testing their autonomous trucks. During the testing phase, a human driver is behind the wheel, ready to take over if there is an issue with the automated system.

Torq Robotics, an autonomous vehicle company in Albuquerque, said that its goal is to reduce trucking accidents by eliminating the human error component. The company has an advisory council that oversees working relationships with fleets and logistics suppliers.

At the moment, self-driving trucks and their testing are limited to the Sun Belt states because the technology doesn’t perform well in bad weather like snowstorms and fog.

What are the risks to other drivers?

Tech companies working to develop and market autonomous trucks claim they have many benefits. What are the risks to other drivers? One of the biggest downfalls is software failure. Driverless trucks are controlled by complicated software programs designed to replace a human behind the wheel. If that software fails, the truck can malfunction, losing the ability to brake or steer.

Another potential risk is autonomous vehicles can be susceptible to hacking. Cyberattacks could focus on the truck’s software, which controls the navigation system. If an unauthorized person gained control of the program running the truck, they could disable it or cause disruptions that compromise the safety of everyone and everything in the truck’s path.

Lastly, another danger of autonomous trucks is the artificial intelligence that runs them lacks the ability to predict human error on the roadways. So, while a human truck driver might anticipate the car in front of him not using a turn signal correctly, a driverless truck might misinterpret the signs, causing a rear-end collision.

Traumatic Brain Injury (TBI) is one of the most serious kinds of injuries autonomous trucks can cause if you’re involved in a crash with one.

What kinds of injuries can autonomous trucks cause?

Driverless trucks can cause the same kinds of injuries to other drivers as those experienced when a truck crash happens when a human is in the truck’s cab. Due to the size and weight of most tractor trailers, they can cause significant bodily harm and damage to your property.

The most serious physical injuries you can suffer include brain and head injuries which can leave you permanently disabled or, in a worst-case scenario, dead. Traumatic brain injuries (TBI) physically damage the brain. You can suffer from headaches, memory and mood problems, and sleep disturbances after suffering a brain injury.

Some other devastating physical injuries from truck accidents include:

Back and neck trauma that can lead to whiplash, bulging discs, and other painful injuries.
Broken bones that can cause lifelong pain and suffering.
Burns that can be challenging to treat or require plastic surgery.
Lacerations and puncture wounds to the face or body that can cause disfigurement.
Spinal cord injuries that can leave you with paraplegia or quadriplegia.

It’s not uncommon for wrongful death lawsuits to happen after accidents with trucks. If you or someone you love dies because of a malfunctioning autonomous truck, there is legal recourse.

Can you sue a driverless trucking company?

As with any kind of personal injury because of someone else’s negligence or carelessness, you can sue a driverless trucking company if you’re involved in a serious crash with one of their trucks. The knowledgeable personal injury attorneys at Cameron & Russell understand the devastation that trucking accidents can cause. They’re here to help you receive fair compensation for your injuries.

You can request a free consultation to discuss your case by calling 505-218-7844 or requesting a free consultation online.

Tag: personal injury claim