Tag: personal injury

Want to Win Your Medical Malpractice Lawsuit? Evidence Matters.

Written by bkwritingsupport on . Posted in Medical Malpractice, Personal Injury Case. Leave a Comment

Medical malpractice lawyers skilled in their craft advise their clients on the importance of gathering the right kind of evidence to support their cases.

Providing effective proof of your claims can mean the difference between a fair settlement or judgement and one that leaves you without adequate compensation for your injuries.

Evidence matters. In this blog, we answer some of the most common questions about which kind of documentation can help your case, including:

How does early documentation help your case?

Documenting events, injuries, treatments, and conversations about your case as soon as they occur helps medical malpractice lawyers build a strong case.

Early documentation helps to establish a clear timeline, ensuring all relevant information is recorded accurately and preserved for use in your case.

Gathering eyewitness testimony while the events are still fresh in their minds yields the best results. The longer you wait to get this information, the more likely it is that memory lapses or inaccuracies creep in, tainting your claim.

Most medical malpractice attorneys advise their clients on the importance of gaining access to all relevant information early in their cases.

Doing so preserves the evidence, establishes a timeline, ensures accuracy, and supports the legal process. Not to mention, it plays a pivotal role in determining the strength of your case and can significantly impact the outcome.

An expert witness testifies at the request of medical malpractice lawyers to prove their client's case.

What are the most effective types of evidence?

Knowing it’s important to secure documents early in your case is different than knowing which types of evidence are the most effective at supporting your claims.

If you want to bolster your medical malpractice claim, your attorney is likely to suggest focusing on certain types of evidence. They include:

  • Medical records and documents. Comprehensive and accurate medical records serve as the backbone of any medical malpractice case. They include patient charts, treatment plans, test results, surgical notes, and other documentation related to your injuries. Medical records can provide crucial evidence about your condition, treatment, and any deviations from the standard of care.
  • Eyewitness testimony. Statements from anyone who witnesses the events in question or were present during medical procedures provide powerful evidence. Nurses, healthcare providers, and even family members who were in the room at the time of the alleged malpractice can add weight to your claim.
  • Expert witness testimony. Expert witnesses, often medical professionals with expertise in the same field as the defendant, can provide invaluable testimony. They can evaluate your medical records, explain complex medical issues to juries, and offer opinions on whether the healthcare provider’s actions deviated from the standard of care and whether that nonconformity caused harm.
  • Physical evidence. If there are physical objects related to the case – medical devices, surgical instruments, biological samples – preserving them for presentation can help you prove your claim.
  • Previous lawsuits or disciplinary actions. Medical malpractice lawyers investigate whether the medical provider or healthcare facility received previous disciplinary action or were the defendants of similar lawsuits. If they were, you can use it to show a pattern of behavior that puts patients at risk.
  • Informed consent documentation. Your informed consent is required before you receive any medical treatment or surgical procedures. If you were not made aware of the potential risks associated with your care, your attorney can use that information to prove a breach of duty of care.

How do you secure medical records and documents?

Securing your medical records to support a medical malpractice case builds a strong legal argument. You have a right to request your information from medical practitioners and healthcare facilities. Be advised they can charge you fees for making copies of the items before handing them over.

One of the smartest moves you can make to help the process go more smoothly is to consult a medical malpractice attorney. They can guide you through the process and make sure you understand which documents bolster your case.

Your attorney, with your permission, can request your medical records on your behalf. Sometimes, it’s easier to get them promptly when a lawyer is asking for the information.

Steps involved in the process include:

  • Notifying relevant parties in writing. Request copies of your medical records and other related documents, keeping a copy of your communication with the healthcare provider or facility. If you’re going through your attorney to get the information, they will submit their request on legal letterhead or from their official practice email account.
  • Sign authorization forms. Your attorney requires you to fill out authorization forms that allow them to access your medical records and communicate with healthcare providers and facilities on your behalf.
  • Identify relevant records. Work with your medical malpractice lawyer to identify which medical records and documents bolster your case. Some of the most common include doctor’s notes, charts, test results, treatment plans, billing records, and any correspondence from the medical providers involved in the medical malpractice claim.
  • Gather and organize documentation. Once you have the requested information, organize it systemically. Create digital and physical filing systems to ensure easy access. Make sure you have backups to prevent loss or damage.
  • Maintain the chain of custody. It’s important to establish the authenticity of the documents in court, so you’ll need to keep track of them. Note who has access to the physical copies and when.
  • Preserve confidentiality. Ensure that you and your medical malpractice lawyers treat all medial records and documents with the utmost confidentiality to protect your privacy and comply with healthcare privacy laws.

What role do expert testimonies and opinions play?

Securing expert testimonies and opinions plays a crucial role in the success of your medical malpractice case. Typically provided by medical experts with specialized knowledge and experience in the relevant medical field, they can help establish a standard of care and whether a breach of that care occurred.

Besides evaluating the actions of the healthcare provider or facility in question, experts can also:

  • Providing causation by establishing a direct link between the healthcare provider’s or facility’s actions (or lack thereof) and your injuries. They can explain how the breach of care led to your harm.
  • Educating the jury about complex medical terminology and procedures by breaking them down into simpler terms to help the jury grasp key issues and make informed decisions.
  • Rebutting defense arguments from legal experts testifying on behalf of the medical practitioner or facility responsible for your injuries.
  • Influencing settlement negotiations by providing strong opinions that favor your case and make the defendant’s medical malpractice insurance company eager to avoid a court trial.
  • Supporting damages claims that justify the amount you’re requesting to settle the case in or out of the courtroom.
Before and after photos of a man's hand. The after photo has a rash.

How can photos and video support your claim?

Photos and videos are powerful tools to support your medical malpractice claim. They visually illustrate your condition, any treatment you receive, and any resulting injuries or complications.

Some of the most effective ways to use photos and videos include:

  • Documenting your condition before and after treatment. Photos or videos taken before medical treatment can establish your baseline condition. This is vital if your medical issue is a visible physical condition.
  • Illustrating medical procedures and errors. If the alleged malpractice happened during a surgical procedure, photos or videos taken during the surgery (if available) can provide insight into what happened. Visual evidence also can show whether medical devices and equipment were used incorrectly or deficiently.
  • Counteracting denials and defenses. Attorneys for medical providers and facilities sometimes claim a patient’s condition was pre-existing. Photos and videos can disprove that defense tactic.

It’s important to verify that any photos or videos used as evidence are accurate, properly labeled, and legally obtained.

What’s the best way to preserve communication records?

Preserving communication records for a medical malpractice lawsuit is essential. They provide critical evidence to support your case.

Make sure you work with a medical malpractice lawyer who respects and follows best practices for preserving communication records effectively, including:

  • Identifying relevant communications, including emails, letters, texts, voicemails, and other forms of communication relating to your medical treatment and interaction with healthcare providers.
  • Creating a documentation system that includes a dedicated folder on your computer or external hard drive. Keep a physical file system as well as a back-up. Use clear, descriptive file names or labels for each document.
  • Avoiding alterations or deletions of any communication records, even if you believe they may be harmful to your case. Tampering with evidence has serious legal consequences.
  • Backing up digital records and storing them securely on a separate device such as an external hard drive or the cloud.
  • Preserving metadata associated with electronic communication records to establish authenticity and a timeline for the communications.
  • Taking screenshots of text messages or exporting them from your mobile device to preserve the conversation thread. Be sure to save both sides of the conversation if possible.
  • Complying with preservation orders from the defense if you receive a preservation order or court subpoena for the records.

Your medical malpractice attorney can guide you through each of these steps to ensure you follow best practices to the letter.

How do you find medical malpractice lawyers to represent you?

Finding medical malpractice lawyers to represent you can feel like a daunting task. However, it’s one of the most important decisions you’ll make about your medical malpractice claim.

Research and compile a list of possible attorneys based on personal recommendations, online searches, and information from the local or state bar association. Compare their qualifications and experience, ensuring they specialize in medical malpractice cases and have a proven track record of success.

Then, schedule consultations with your top choices. During your session, evaluate communication and rapport. You’ll also want to consider fee structures and ask to see a standard client contract before deciding on an attorney.

Above all else, trust your gut. Choose an attorney who best fits your case and with whom you feel the most comfortable.

How Medical Malpractice Lawyers Negotiate with Insurance

Written by bkwritingsupport on . Posted in Medical Malpractice. Leave a Comment

Medical malpractice lawyers are a valuable resource for navigating through the complexities of a medical malpractice claim in New Mexico. One of the biggest headaches you might encounter if you need to sue a medical provider or healthcare facility is their insurance company.

Insurance companies play a significant role in handling medical negligence cases for their customers. Their involvement is typically tied to a healthcare provider’s professional liability insurance. It’s designed to cover individual practitioners and healthcare facilities in the event they’re sued for malpractice.

It’s the duty of an insurance company to provide financial protection, claim evaluation, negotiation, and settlement offers for their clients. They may even have to provide support if a medical malpractice claim ends up in the courts.

In our latest blog, we explore the ways in which medical malpractice lawyers negotiate with insurance companies to ensure you get fair compensation for your injuries. We answer some of the most common questions, including:

How do medical malpractice lawyers engage with insurance companies?

Medical malpractice lawyers are your first line of defense against insurance companies for medical providers and healthcare facilities. When you’re injured because of medical negligence, you have a right to fair compensation.

Insurance companies for doctors and hospitals can quickly become roadblocks in your pursuit of adequate reparations for your injuries. If you try to engage them yourself, they’re likely to exploit your inexperience in such matters.

Medical malpractice lawyers ensure your rights are protected by engaging with insurance companies in several ways.

  • Consulting on the case. One of the first things you should do upon discovering you’re a victim of medical malpractice is to consult with an attorney with experience and expertise in these kinds of cases. Never talk to the insurance company or another representative of the at-fault medical provider without first consulting a medical malpractice lawyer.
  • Gathering evidence. Once you hire an attorney for your case, they’ll begin collecting all relevant medical records, documentation, and other evidence that supports your claim of negligence. They may consult with medical experts to review your case and provide opinions on whether malpractice occurred.
  • Preparing a demand letter. If the evidence supports your claims, the next step is for your attorney to send a demand letter to the at-fault party’s legal counsel. The document outlines your injuries, damages, and alleged negligence of the healthcare provider or facility. Sometimes your attorney may include supporting evidence to encourage a speedy settlement.
  • Negotiating a settlement. Most medical malpractice lawyers push for a settlement because it’s easier on their clients than enduring a trial.
  • Representing you in court. If negotiating a settlement is unsuccessful, your attorney begins preparing for trial.
A man sits in a wheelchair looking out a patio door. He's waiting to consult with medical malpractice lawyers.

What factors influence negotiations with insurance companies?

Negotiating with insurance companies in medical malpractice cases is a complex process. Several factors influence the outcome of any talks between your medical malpractice lawyer and representatives for the at-fault party.

Both sides consider these variables when working toward a settlement (or ending up in a courtroom).

  • The strength of liability evidence. Medical malpractice cases are built on the clarity and strength of evidence that supports your claim of medical negligence. Medical records, expert opinions, and documented breaches of standard of care put pressure on the at-fault party to settle.
  • The severity of injuries and damages. The extent and seriousness of your injuries impacts negotiations significantly. Severe injuries that require ongoing medical treatment and cause substantial pain and suffering often lead to higher settlement demands.
  • The potential jury verdict. Sometimes insurance companies for at-fault parties go to court, only to decide the risk outweighs the reward once the trial gets underway. It’s not uncommon for insurance company representatives to offer a settlement after a trial has begun if they think the court is likely to award more in damages than your attorney requested.
  • The costs of litigation. Insurance companies may decide it’s less costly to meet your settlement demands than endure a medical malpractice trial.
  • The insurance policy limits. The limits of the healthcare provider’s liability insurance policy impact the maximum amount you can receive in a settlement. If the damages exceed the policy limit, it can complicate negotiations and potentially lead to a lawsuit against the provider personally.

Other factors influence negotiations, but these are the most pressing. Your medical malpractice lawyer can explain all the considerations during your consultation.

How do lawyers determine the value of a medical malpractice claim?

Determining the value of a medical malpractice claim is a complex process that requires the thorough analysis of several factors. Medical malpractice lawyers use their expertise to assess the potential damages and losses you’ve suffered because of medical negligence.

Here’s how New Mexico medical malpractice attorneys typically determine the value of your claim.

  • Medical expenses. Your attorney calculates your past, current, and future medical expenses from your injuries. They include the costs for hospital stays, surgeries, medications, rehabilitation, therapy, and any ongoing medical care for temporary or permanent disabilities.
  • Lost wages and earning capacity. Your attorney evaluates how your injuries impact your current and future ability to earn income. Some injuries may prevent you from returning to your normal duties at work, which can affect your hourly or annual wage potential.
  • Pain and suffering. A subjective assessment, your attorney determines the physical, emotional, and mental anguish caused by your injuries based on their severity.
  • Economic and non-economic damages. Lawyers differentiate between economic damages (tangible financial losses) and non-economic damages (pain and suffering). They then combine the two types of damages to reach a comprehensive value for your claim.

Other factors come into play, but these are among the most influential. Your attorney can explain everything they use to determine the value of your claim during your consultation in more detail.

A woman gets ready to sign a settlement document for her medical malpractice lawsuit.

Do insurance companies always offer settlements?

No. Insurance companies don’t always offer settlements in medical malpractice cases. They consider the strength of your case, the evidence presented with your demand letter, and the potential costs of litigation.

Some of the other factors that influence a decision about a settlement include:

  • Damages and injuries. Insurance companies weigh the extent and seriousness of your injuries before deciding whether a settlement offer is appropriate.
  • Disputes over liability. If liability is disputable, the insurance company might feel less motivated to settle. They may want to fight the case in court if they believe they have a strong defense.
  • Policy limits. The limits of the healthcare provider’s liability insurance policy play a significant role in any settlement offers. If the potential damages exceed the policy limits, the insurance company might offer a settlement within the limits to avoid personal liability for the healthcare practitioner.

What strategies do attorneys use to maximize settlements?

Medical malpractice lawyers use several strategies to maximize settlements in cases involving medical negligence. Their goal is to use the strengths of your case, present compelling evidence, and demonstrate the potential risks for the at-fault party if the case goes to trial.

Thorough case preparation is the most important part of a medical malpractice lawsuit. Your attorney conducts meticulous research and gathers all relevant evidence, including medical records, expert opinions, and witness statements. They use their findings to build a comprehensive case that clearly establishes negligence.

Some of the other strategies they use to support your case include:

  • Conduct comparative case analysis. Attorneys examine other similar medical malpractice cases that resulted in substantial settlements or favorable trial outcomes. They use that information to establish precedent for the value of your claim.
  • Engage medical experts. Medical malpractice lawyers know the value of seeking out opinions from medical experts familiar with the kinds of injuries you suffered. They can establish whether a standard of care was breached and how negligence caused the injuries. Expert testimony adds weight to your case and strengthens negotiation positions.
  • Practice strategic timing. Timing their negotiation efforts after building a strong case and gathering compelling evidence to support your claim can lead to a more successful outcome.
Lawyers and insurance company representatives sit around an office table to negotiate a medical malpractice lawsuit settlement.

How long does the negotiation process take?

The short answer to this question is it depends. The duration of medical malpractice negotiations varies significantly based on the complexity of your case, the willingness of both parties to negotiate, and the strength of the evidence.

On average, the negotiation process can take several months to a year or more. Here’s a breakdown of some of the other factors that influence the timeline.

  • Insurance company’s approach. Some insurance companies are more motivated to settle than others. If the supporting evidence provided in the demand letter is strong, it may prompt the insurance company to avoid the expense and hassle of a trial it knows it likely will lose.  
  • Mediation or alternative dispute resolution. If both parties choose to engage in mediation or an alternative dispute resolution (ADR) process, it might expedite the negotiation process. A third party facilities the discussions between parties, which may speed things up.
  • Legal deadlines. Statutes of limitations and other legal deadlines can affect negotiation timelines. Parties might expedite the process if deadlines are fast approaching to avoid potential legal complications.

If negotiations aren’t successful, your attorney then asks if you wish to pursue the claim in court.

What should you look for in a medical malpractice lawyer?

When choosing a medical malpractice lawyer, it’s important to find someone with experience and expertise. Make sure your lawyer specializes in medical malpractice cases and has a proven track record of handling such cases successfully.

It’s OK to favor an attorney with strong negotiation skills and a penchant for settling medical malpractice cases outside the courtroom. Just be sure your attorney also has trial experience in case you end up before a judge and jury.

Another critical factor is a positive reputation in the legal community and with past clients. Read reviews and testimonials. Ask for references to gauge their professionalism and the quality of their services.

Verify your attorney is a member in good standing with the State Bar New Mexico. You can use the public tools on the bar’s website to check whether your lawyer is a member and if they’ve had any complaints or disciplinary action taken against them.

Lastly, make sure they have a transparent fees structure. You can discuss this during the initial consultation. Ensure you’re comfortable with whatever method the attorney uses before signing a contract for services.

Have additional questions? Our team is always happy to assist. Give us a call today to schedule your complimentary consultation with one of our medical malpractice legal experts.

How to Decipher NM Personal Injury Claims Jargon

Written by bkwritingsupport on . Posted in Personal Injury Case. Leave a Comment

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

Written by bkwritingsupport on . 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:

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

Written by bkwritingsupport on . Posted in Personal Injury Case. Leave a Comment

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

Written by bkwritingsupport on . Posted in Personal Injury Case. Leave a Comment

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.

7 Ways Insurance Companies Interfere with Personal Injury Lawsuits

Written by bkwritingsupport on . 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.

10 Most Common Airbag Injuries

Written by bkwritingsupport on . Posted in Deffective Product, Personal Injury Case. Leave a Comment

Airbag injuries can happen any time you’re involved in an automobile accident. These safety features are meant to save lives, but sometimes they can cause debilitating injuries—even death—if they malfunction.

Front airbags have been required in all new passenger vehicles since 1999, according to the Insurance Institute for Highway Safety (IIHS). Side airbags aren’t mandated, but most vehicle manufacturers include them as part of the standard design.

Victims of airbag injuries have rights to fair compensation under personal injury laws in New Mexico. In this guide we’ll discuss:

How do airbags work?

Airbags work by providing cushioning and protection in the event of a collision. When a collision occurs, the airbag is deployed and instantly begins to fill with air. If it’s functioning properly, the airbag quickly deflates, providing cushioning for the front occupants of the vehicle.

Sensors tell the airbags when to deploy. These sensors are located throughout your vehicle. They constantly monitor the speed and force of the vehicle. When a collision happens, the sensors send a signal to the airbag control unit, triggering the airbags to release.  

Airbags are sophisticated, but that doesn’t mean they still can’t cause injuries.

airbag injuries benefits
Airbags have been required for drivers and front passengers since 1999.

What are the benefits of airbags?

Airbags have been around since the 1970s. Over the years, their design and performance have improved, making them a valuable safety feature. Most automobile insurance companies provide significant discounts on coverage if your vehicle has front and side airbags.

One of the biggest features of airbags is their ability to reduce your chances of hitting your head or upper body on the vehicle’s interior—including the steering wheel—during a crash. Air bags are designed to complement seatbelts, so make sure you’re using both to lessen your chances of injury during a car accident.

Besides preventing drivers and front-seat passengers from hitting their heads and upper bodies on the vehicle’s interior, there are other benefits. They include:

  • Airbags prevent you from being thrown out of the vehicle during a crash.
  • Airbags decrease the amount of force impacting your head by limiting the distance it can move forward.
  • Airbags increase the cushioning around your head, neck, and spine.
An Xray of a skull showing a traumatic brain injury, one of the most common airbag injuries.
One of the most common airbag injuries is traumatic brain injury from the impact of the airbag against your head.

What are the 10 most common airbag injuries?

Airbags are designed to save lives, but that doesn’t mean they always work as intended. Recalls for this safety feature have happened numerous times in recent years. One of the biggest airbag recalls involved the Takata PSAN model, which were installed in 34 brands of vehicles made by 19 different automakers and sold in the U.S.

Malfunctioning airbags aren’t the only reason a driver or passenger can get hurt. Even when they work properly, airbags still have the potential of causing injury. Here are 10 of the most common airbag injuries.

  1. Asthma attacks
    Asthma attacks and other respiratory issues aren’t uncommon when airbags release. That’s because airbags are filled with gasses that can trigger breathing difficulties, especially in those with pre-existing conditions.
  2. Burns
    Your arms, chest, face, and hands can get fabric “burn” as the airbag deploys and brushes hard against your skin.
  3. Chest injuries
    The impact of a deploying airbag can cause blunt force trauma injuries to your chest. If you have a heart defect or other cardiac condition, the impact can sometimes trigger it. The closer you sit to your steering wheel, the more likely you are to suffer from chest injuries.
  4. Ear trauma
    Hearing loss—temporary and permanent—can happen when an airbag releases. Air bags pack an acoustic pressure of 170dBs, which can produce harmful inner ear damage, according to the JAMA Network.
  5. Eye injuries
    You can experience eye injuries from airbags in one of two ways. The chemicals packed inside can get into your eyes during deployment, or they can succumb to the pressure of the airbag deployment.
  6. Facial injuries
    Bruises, fractures, and lacerations to the face aren’t uncommon during airbag deployment. You also might experience chemical burns to your face from the combination of nitrogen and carbon dioxide, which combine to form sodium hydroxide. If it penetrates your skin, it also can cause deep-tissue injuries.
  7. Fetal injuries
    Pregnant persons face a unique challenge when airbags are released. The brunt of the impact can hit their enlarged bellies, causing injury to the developing fetus. Safety experts recommend following the 10-inch rule if you’re pregnant and riding in a vehicle with airbags. Stay back from the area of deployment by at least 10 inches.
  8. Fractures
    The force of an airbag deploying can fracture your ribs, skull, and wrist bones. It can be difficult to prevent these kinds of injuries for drivers because these areas of their body are close to the steering wheel, where the airbag is stored.
  9. Internal bleeding
    Internal bleeding is always an issue following a car accident, whether your airbags deployed or not. Pressure from seatbelts also can lead to internal bleeds that may not be immediately apparent. This type of injury is most likely if your internal organs were impacted by the airbag. It’s always a good idea to get evaluated by a medical professional if you’re in a crash where the airbags were released.
  10. Traumatic brain injury (TBI)
    Airbags are designed to prevent TBIs by preventing your head from slamming against the steering wheel or dashboard of your vehicle. That doesn’t mean they’re foolproof. If your head rebounds forcefully from the impact with the airbag, you still might suffer a TBI.
Photo of the dash of a car on the passenger side where the airbag is stored. The words airbag appear. Airbag injuries can happen during deployment.
Airbag injuries can happen when airbags malfunction and even if they deploy properly.

How do you prevent airbag injuries?

There are steps you can take to protect yourself from airbag injuries. Making sure you’re properly seated in your vehicle is the most effective safeguard. The National Highway Traffic Safety Administration (NHTSA) recommends drivers and front-seat passengers sit at least 10 inches away from airbags.

Pay attention to recalls on your vehicle. You can check for recalls using online tools that take your vehicle identification number or license plate number and run it against a list of known recalls.  

Get help for airbag injuries

Proving an airbag injury is an important part of filing a personal injury lawsuit. That’s why it’s important to consult with an experienced personal injury attorney in Albuquerque as soon as possible after an accident.

Even if you’re at fault for an accident that caused your airbag injuries, you still have legal recourse. Don’t wait until an insurance company denies your claim before reaching out to a personal injury attorney to discuss your rights.

Schedule your free case evaluation by calling 505-218-7844 or requesting an appointment online.

5 Reasons New Mexico Insurance Companies Deny Claims

Written by bkwritingsupport on . 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.

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

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

Nothing Says Merry Christmas Like a Lawsuit

Written by bkwritingsupport on . 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.

Christmas lawsuit slips and falls
Slips and falls can ruin any holiday celebration and lead to holiday lawsuits.

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.

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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