New Mexico Personal Injury Settlement Process and Timeline

If you have been injured due to another person’s or company’s actions, you may be wondering what the New Mexico personal injury settlement process and timeline are like. Taking time to understand the claims process and how to obtain guidance about your claim can lead to a better case outcome.

Understanding Personal Injury Claims in New Mexico

With 62 million instances each year in the United States, preventable injuries are the third-leading cause of death. At Berenson & Associates, PC, we’ve seen personal injury claims filed for a variety of injuries and accidents that were caused by another party’s negligent or reckless actions. It is vital to understand New Mexico negligence laws to determine how liability is established in these situations. Common reasons to file a claim include:

• Car accidents. These can be severe and life-changing, often compounded with other damages, such as vehicle damage. Filing a claim against the at-fault driver can reduce financial hardship that may occur after an accident.
• Premises liability. These claims can be filed if a property owner fails to address or warn about hazards. The most common type of premises liability claim is a slip and fall claim, which is more likely with older adults, as 85% of unintentional fall-related deaths occur in adults over 65.
• Product liability. These claims are filed when a damaged or unsafe product causes or worsens an injury. A product liability claim can also cover products whose safety warnings or instructions were not clear. For example, a faulty airbag, unsafely packaged food, or a drug failing to list potential side effects are all examples of product liability.
• Medical malpractice. This occurs when a medical treatment or procedure causes an injury or worsens a pre-existing condition. Surgical errors, misdiagnosis, or misadministration of a medication could all warrant a medical malpractice claim.

Why You Should Hire a Personal Injury Lawyer

Hiring a trusted personal injury lawyer as soon as possible can provide clarity throughout the claims process. Their guidance and management of the legal procedures allow you to focus on your recovery instead of worrying about fighting your claim yourself.

The Investigation Process for a New Mexico Personal Injury Case

Your lawyer can gather evidence during an investigation, looking for documents and resources that can be used to determine who can be held liable for the accident and what damages you have suffered. Evidence your lawyer may collect includes:

• Police reports
• Incident reports
• Witness statements
• Security camera footage
• Medical records and medical bills
• Paystubs
• Photos of property damage and visible injuries

Calculating Damages in a Personal Injury Claim

Compensation is a big part of the settlement or trial. It can be awarded to repay you for your monetary losses, pain, suffering, and other damages. Our team can provide personal injury settlement amounts examples in New Mexico to show how different types of injuries are valued by insurance companies. You may seek compensation for:

• Medical expenses
• Property damage
• Emotional trauma
• Physical pain
• Lost wages

The amount of compensation you get depends on the types of damages you have suffered and the severity of the damages. Your lawyer can estimate a fair settlement and negotiate for increased compensation. Having a lawyer review your damages can prevent the at-fault party’s insurance company from minimizing your suffering and pressuring you to accept a settlement that doesn’t accurately reflect the cost of your recovery.

Settlement Negotiations and Trial

Usually, negotiations with the at-fault party occur before a claim is formally filed. Reaching a settlement at this stage can avoid the lengthy and complex litigation process and still provide you with compensation. However, litigation may be the right option if the at-fault party refuses to provide sufficient compensation or participate in negotiations. Court action may also be necessary if there is shared fault that may impact the case outcome.

A claim can be filed to initiate litigation. The New Mexico statute of limitations for personal injury claims is three years from the date of the accident. Even once a claim is filed, it is still possible to negotiate with the at-fault party before the trial begins. However, once in trial, a judge can analyze the evidence and arguments your lawyer presents on your behalf and decide on the case’s outcome.

FAQs

How Do You Recover Compensation After a Settlement or Trial?

Once the compensation is decided at the end of negotiations or a trial, there are several steps before you get your payout. You must sign a release form that ends your claim. Then, the insurance company must act reasonably promptly to provide the compensation. Once the insurance company gives the money to your lawyer, the lawyer can provide your compensation as a lump sum or through regular payments over time.

Who Gets Paid First in a Personal Injury Settlement?

Your lawyer is paid first in a personal injury claim before you receive compensation. Your lawyer can pay liens, such as medical providers, case expenses, and fees for their services. After your lawyer is paid and they have paid all liens, debts, and other expenses, you receive the remaining balance.

Can You Be Compensated for Pain and Suffering?

Yes, In New Mexico, pain and suffering are frequently included in compensation for personal injury claims. The amount you are awarded for pain or suffering can vary, depending on the injuries you have faced, their severity, and their impact on your daily life and overall well-being. Pain and suffering claims are often supported by medical records, journals, pain logs, and witness testimonies.

What Should You Do After a Personal Injury Accident?

Immediately after a personal injury accident, you should seek medical attention for your injuries. Then, report the accident to the police and the people involved, such as an employer, a company, or a property owner. When it is safe and practical to do so, hire a personal injury lawyer who can investigate and build a strong claim against the at-fault party.

Speak With a Skilled Personal Injury Attorney at Berenson & Associates, PC

With over 25 years of experience in personal injury law, Berenson & Associates, PC, can navigate New Mexico’s claim process. We know filing a claim brings up questions surrounding New Mexico personal injury laws and what steps you need to take. An experienced personal injury lawyer can provide personalized legal advice so you feel confident about this process. Contact us today to hire a personal injury lawyer.