Do I Have a Personal Injury Claim?
We all encounter situations that pose some risk to our bodily wellbeing and health from time to time. In some cases, these situations might be caused by bad luck, but in others, they are caused by negligent behavior by other individuals. In such situations, you need to ensure that you seek compensation if another person’s actions caused you bodily harmed and affected you in a big way. Depending on the severity of the case, some of these claims result in complex lawsuits that require the assistance of a legal expert. Here, it is essential to seek the services of one and ensure that you receive the compensation you deserve. A personal injury lawyer will take you through the entire claim compensation process and allow you to recover from your injuries peacefully as you wait for the compensation amount.
It is essential to know if you have a personal injury claim that holds water or not before approaching an Albuquerque Personal Injury Lawyer. While they will offer you a free case assessment and advice you regarding the same, it is good to have some basic knowledge and make a judgment beforehand.
A personal injury claim must satisfy three main things for it to hold water, and they are; limitation, causation, and liability. To break this down, limitation specifies that it should have happened within the specified statute of limitations. This differs from state to state, but in most cases, you will find it set at three years. This way, if the accident happened within three years of the date you are filing the claim, then it qualifies for compensation.
The causation aspect refers to the fact that another party caused it. Here, you need to show that their actions or lack of, were directly related to your accident. In a nutshell, you should prove that they caused the accident and thus harm to your body.
The liability aspect indicates that the party owed you a duty of care and were expected to do a specific action or desist from doing one. Here, you also need to prove that they owed you a duty of care and are thus liable for the accident. For instance, a doctor has to take care of their patients, an employer has a duty to take care of their employees, and road users are expected to care for other users.
Note that some cases have differences depending on the circumstances surrounding it. For some common accidents such as road and workplace ones, it is easy to show that specific actions led to the accident. For others, such as medical negligence cases, it can be hard to prove that the issue was caused by negligence and not a health issue that arose.
Once a personal injury claim fits the three principles, then you have a personal injury claim.
Why Do I Need A Lawyer?
Unless you are well in matters law and specifically personal injury, you should enlist the services of an experienced Albuquerque Personal Injury Lawyer to represent you. Note that these experts understand all the statutes that pertain to such matters and have handled such cases before. This way, they will conduct a free case assessment and give you a determination of how good are your chances of nailing the compensation amount you are looking out for. In some cases, your claim process doesn’t validate any compensation due to some part of the law, such as the law of contributory negligence, and here, they will enlighten you and advise you on the best way forward.
More importantly, there is a chance that you got hurt in an accident and need to take some time to recover. At the same time, you need to file for a claim as soon as possible since the evidence is still fresh, but you do not have the expertise, time, and proper state of mind to do it. Here, contacting an experienced personal injury lawyer will help you handle the matter as you rest and recuperate. They will handle the heavy lifting part of the claim compensation process and only leave you to make the decisions on important things such as whether to take the claim amount proposed or not.
Some of the things they will handle include;
- Case Preparation
When you are involved in an accident, it is essential to record some vital parts of the scene, as this will be used as evidence to prove liability. Once you submit this information to your lawyer, they will need to prepare the claim and file it. Note that the party that is supposed to pay for the damages, in most cases the insurance companies, won’t budge to this claim and pay you the amount willingly. They will bring up a strong defense and try to nullify your claim so that they pay a minimal amount. Your lawyer will build a strong case and prove to the jury that you deserve the compensation amount you are holding out for.
- Settlement Negotiation
Not all personal injury claims go to court directly as they can be settled through a negotiation process. Here, the defendant, mostly the insurance company, will offer you a certain amount to persuade you to withdraw the case and move on with your life. In some cases, this amount makes sense, but note that it should reinstate you to the previous position you were in before the accident. You will discuss with your lawyer regarding this amount and see whether you should take it and withdraw the case or proceed to a lawsuit. Your lawyer will negotiate with the defendant’s party and try to convince them to pay a significant amount. Still, if they do not agree to this, they will automatically take the matter to court.
- Trial Preparation and Representation
When the claim lands before a court of law, it becomes a full lawsuit that needs preparation and representation. Here, your lawyer will prepare the evidence and represent you as the plaintiff, to try and convince the jury to award you the right compensation amount. Here, the defendant will come with tactics attempting to shoot down your claim process, and you need a strong and reliable legal expert who will stand through this and ensure that you get the appropriate amount.
What Type of Damages Can I Recover?
The idea behind compensation after a personal injury accident is to reinstate the affected to the position they were before the accident happened. While this is not always possible in some cases, for instance, death and permanent injuries, the claim amount should relieve the affected person as much as possible. This brings us to the three types of damages that one can recover, namely; economic, non-economic, and punitive damages.
Economic damages make up the bulk of a compensation amount as they are objective and include things that can be proved financially. Examples of these damages include present and future medical bills, lost wages, damages to property, and cost of repair to the property. As seen from these damages, they can be easily assessed, and the exact figure established, for instance, through projected earning capacity, medical receipts, and quotation from an auto shop.
Non-economic damages are subjective and cannot be measured. There is no standard amount given to these damages as it varies with the effects of the accident. This way, there is always a big bone of contention between these damages since it is hard to quantify them. Examples include emotional pain, distress, reduced quality of life, loss of companionship, and future suffering.
Punitive damages are not awarded to compensate for any loss. They are used in cases where the negligent party acted very irresponsibly, and there is a need to punish them and deter them from operating in the same way in the future. Note that not all personal injury cases have punitive damages, but a reliable personal injury lawyer will advise you whether you are eligible for them or not.
The total amount of compensation you will be awarded is a sum of economic, non-economic, and punitive damages.
How is Fault Determined in New Mexico?
In a personal injury case, fault is used to describe who is responsible for causing the accident and, in turn, responsible for paying the damages. However, each state treats fault differently, and New Mexico is a “fault” state. This still applies even if most states have moved to a no-fault system.
According to the traditional fault-based system, each individual is held liable for their mistakes. Here, if you cause an accident, then you and your insurance company are held responsible for paying the compensation amount. Note that this should be supported by evidence from eyewitnesses and recordings of the accident scenes, among others for the state to award you the compensation you seek.
How Long Do I Have to File a Claim?
If you are involved in an accident and suffer from an injury, note that you should file all claims and charges within a specified time, save for a few exceptions. In New Mexico, the civil statute of limitations is three years for personal injuries. This time limit starts when you become aware that you have suffered the injuries and establish that the accident caused them. Here, the “discovery of harm” clause comes into play, and it applies to most cases.
The time limit can be extended if the injured person is not legally capacitated to file the claim. For instance, children who suffer from harm don’t have their clock running until they are no longer minors, according to the state law. Another reason why this time can be extended is if the affected person is mentally unstable.
Type of Injuries we Handle
Personal injuries can arise from a wide variety of scenarios, and here at FBD Law, we pledge to handle your claim regardless of how it was caused. Some of the common ones we handle include;
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Uber Accidents
- Wrongful Death
- Catastrophic Injury
- Medical Malpractice
If you find yourself on the receiving end of any of the mentioned accidents or have a loved one who has suffered from it, contact us today, and we will be glad to represent you.
How Much Will A Personal Injury Lawyer Cost?
Most people are tempted to take on personal injury lawsuits on their own since they do not want to lose a tremendous amount of money to their lawyers. In other cases, some fear that they could lose the case and end up paying the lawyer, which leaves them with less money than they even started.
Here at FBD Law, we prioritize the wellbeing of our clients and won’t charge you any amount of money upfront. We work on a contingency fee basis where we get our cut from the amount awarded as compensation. This way, we will strive to ensure that you are granted a fair amount. If we lose the case, which rarely happens, we won’t charge you a single cent.
Conclusion
Personal injury lawsuits are not as simple as they involve a lot of work and dealing with a strong defendant team. This is particularly applicable where the accident is serious, and the injuries are threatening, thus increasing the compensation amount you will need to recover from your damages and live comfortably.
Insurance companies hire the best attorneys who are specialized at turning down these cases, and you cannot risk handling one on your own. They will look for loopholes in your case and shoot it down at the first opportunity, leaving you with a meager compensation amount that will leave you suffering a few months after the case.
Knowing that such cases could have lifelong implications, you will have to enlist the services of FBD Law and let our team of experienced personal injury lawyers do the job for you. They will handle everything as you recuperate and nurse your injuries. We have handled major cases that have been ruled in our favor, and by choosing us, you are assured that we will put in a shift to get you the compensation you deserve. Contact us today on (phone) for a free case assessment.