Get the compensation you deserve for your injury claim.
A personal injury claim is designed to get you the compensation you’re entitled to for lost income, medical bills, and pain and suffering. There are many types of personal injuries and accidents that may trigger a personal injury claim:
- Automotive and Motorcycle Accidents
- Bicycle and Pedestrian Accidents
- Medical/Dental Accidents and Malpractice
- Injuries from Dangerous Products
- Dog Bites/Animal Attacks
- Workplace Accidents
- Wrongful Death Claims
- And Many Other Types of Injuries
Not all personal injury claims require a lawyer. If your injuries are mild and you’re offered a favorable settlement, you may be better off settling on your own. However, beware of accepting a quick settlement without the advice of an attorney. If your injuries turn out to be worse than you initially thought, you will have little recourse. Even if you don’t think you need an attorney, a consultation with an experienced professional may save you a massive headache in the future.
In order to recover damages in a New Mexico court, you will need to prove that the defendant’s negligence lead to your injuries. There are four categories that legally determine negligence:
- Damages – The plaintiff must have suffered some kind of physical, financial, or other harm from the injury in question.
- Causation – The defendant’s conduct caused the plaintiff’s injury in some way.
- Duty – The defendant had the legal responsibility not to cause the injury in question to the plaintiff.
- Breach – The defendant did not live up to their legal responsibility.
The Pure Comparative Fault Rule
New Mexico is one of 13 states that use the Comparative Fault Rule. What this means is even if you are partially responsible for your injury it is still possible for you to recover damages. However, the amount of compensation you receive is reduced proportionally to your culpability. For example, if the court rules that you are entitled to $1,000 in damages, but that the accident was 20% your fault, you will be able to recover $800 in damages. You will still be able to recover some damages even if are found 99% responsible for your accident.
Every Personal Injury Case is Different
It may be possible for you to recover the damages you’re entitled to via an out of court settlement. However, even if litigation does not become necessary, speaking with a lawyer will benefit you. An experienced attorney will ensure your rights are protected and that you get the compensation you deserve. I have over 20 years of courtroom experience and can help you get your life back on track.