Personal Injury Attorneys in New Mexico
It can be hard to know how to move forward after a personal injury accident. A personal injury attorney can provide the guidance you need in such a situation. He can help you prove you are not at fault and can also seek to recover full compensation for all economic and non-economic damages.
NOTE: The content of this website is intended solely for informational purposes. It is not a source of legal advice and should not be used as such.
New Mexico is a tort insurance state. That means if you are judged at fault in an accident, you and your insurance carrier are responsible for the costs incurred to all parties involved. This is just one of the reasons you are required by law to carry a minimum level of liability insurance.
This insurance will cover part or all of the damage and personal injury suffered by the victims of the accident. Physical damage is relatively easy to assess. However, personal injury is something altogether different and much more convoluted. That is why this area of law is the domain of so many attorneys.
Unless you're an expert in personal injury law, it is imperative that you have an experienced personal injury attorney who knows the ins and outs of the process and is a pro at negotiating with insurance companies.
You'll have more leverage with an attorney at your side, and you'll have guidance about how to navigate your case. Personal injury lawyers can be very helpful in cases where you have:
- Unclear fault for the accident.
- Uninsured or underinsured drivers.
- Significant injuries or exacerbation of existing conditions.
- Very high or quickly accumulating medical bills.
Before any claims can be put into motion, fault has to be established. This has usually been determined by the law enforcement agency investigating the crash, either based on firsthand observation or the filed accident report. Many times, this aspect of a personal injury case is pretty cut-and-dried.
If a person is hurt in the accident and was not the party liable, then that person must clearly establish that the injuries sustained were actually caused in the crash. This is not so straightforward, considering there are many other facets that need to be considered besides the obvious physical injury.
Of course, you can file an injury claim without overwhelming evidence that the accident was the cause of the injury; it just may be harder to prove. When stepping into these waters, the entire process can become so tricky that only a skilled personal injury lawyer may be able to navigate it.
Once a claim is filed, and in some cases before it is even filled out, the insurance companies will start calling you. Without an experienced attorney, you will be on your own during these sessions. It is critical that you remain calm and make sure to jot down thorough notesâ€•especially if you intend to eventually retain an attorney.
A broken bone or blatant wound and the ensuing costs of treatment for these injuries are rather easy to assess. Even loss of a paycheck due to time missed from work is simple for an insurance company to add up.
When the claim process becomes tricky is when an injury is so serious that it causes damage to other parts of your life that are rather difficult to account for in monetary figures.
How does an injury affect family relationships or the overall quality of the plaintiff's life? What is the cost of this loss?
Can you put a dollar amount on emotional damage such as depression and undue stress caused by the injury? Generally, the injured party is entitled to receive monetary compensation for these matters, but settling on a dollar amount might be difficult.
Injury damages are split into three categories:
- Economic damages: Medical expenses, wages lost (past and future), and any other "real" damages or expenses incurred.
- Non-economic damages: The category for pain and suffering, emotional distress, and loss of quality of life.
- Physical disfigurement and impairment: The financial consequences of irreparable physical injury or permanent disability.
A NM personal injury lawyer can help you put a fair value on your injuries and get the settlement you deserve.