Las Cruces Personal Injury Lawyer

Personal Injury Attorney in Las Cruces, NM

Las Cruces is generally considered a safe and enjoyable place to live. However, it’s possible for injuries to happen unexpectedly in various ways, from vehicle crashes on I-25 to slip and fall injuries in local stores, and even injuries from negligent medical care at the MountainView Regional Medical Center. If you have been hurt by another party’s actions, you need to speak with a Las Cruces personal injury lawyer right away.

Experienced Personal Injury Counsel in Las Cruces, NM

Berenson & Associates, PC, has the experience needed to handle the most challenging personal injury cases in Las Cruces and the surrounding areas of New Mexico. Lead attorney Rachel Berenson has more than 25 years of experience helping clients recover from all kinds of personal injuries, and our team is ready to use this experience in your personal injury case.

Even if the fault for your personal injury is clear, do not assume that you can handle your case on your own. The actual legal process of building and filing a personal injury case in New Mexico is likely to be more challenging than you expect, so it will be important that you have legal counsel you trust on your side.

In every case we accept, we learn as much as we can about our client, their injury, and the effects the injury has had on their life. When you need to hire a personal injury lawyer to help you recover, it is crucial to choose one who has a solid record of successfully handling cases like yours. We are confident we possess the skills, experience, and resources necessary to provide effective representation in the most challenging cases.

Types of Personal Injury Cases We Handle in Las Cruces

A personal injury can occur whenever one party’s negligence or intentional misconduct causes harm to another party. A personal injury case is a civil claim for damages in which the injured plaintiff seeks compensation for the losses they suffered due to the defendant.

At Berenson & Associates, PC, we provide compassionate legal representation for a wide range of personal injury cases in Las Cruces, including:

• Motor Vehicle Accident Cases: Car, truck, and motorcycle accidents happen every day in the Las Cruces area for various reasons, and these incidents are a leading cause of accidental injuries and deaths throughout the United States each year. The National Safety Council reports that in 2024, there were 42,789 deaths and 4.9 million medically consulted injuries from vehicle crashes nationwide.
• Premises Liability Cases: Property owners in New Mexico must keep their properties safe for lawful visitors. If you were hurt in a slip and fall or other accident on someone else’s property due to their negligence, you likely have grounds to file a personal injury case under New Mexico’s premises liability laws. Slips and falls alone account for 24% of all preventable injury-related deaths for working adults.
• Medical Malpractice: While thousands of people in New Mexico trust healthcare professionals to care for them, medical negligence is a leading cause of accidental injuries and deaths in the United States each year. It is estimated that preventable medical errors impact about 400,000 patients each year.
• Catastrophic Injury Claims: A personal injury is catastrophic when it causes permanent harm to the victim. Spinal cord injuries, traumatic brain injuries, severe burns, and amputation injuries are a few of the most common examples. These cases typically involve substantial damages, so it is vital to hire a personal injury lawyer you trust to achieve a fair recovery for this type of claim.
• Wrongful Death: When a personal injury is fatal, the surviving family of the victim will likely to be eligible to file a wrongful death claim against whoever caused the fatal injury. This type of personal injury case is inherently difficult and subject to specific rules in New Mexico, so it’s vital to have experienced legal counsel on your side for this type of personal injury case. Contact our Las Cruces wrongful death lawyer today.

How to Succeed in a New Mexico Personal Injury Claim

In New Mexico, success with any personal injury case hinges on the plaintiff’s ability to prove fault for their damages based on a preponderance of the evidence. This standard of proof requires showing that the defendant is more likely than not responsible for all the damages. The evidence you need to meet this standard of proof can vary based on the type of case you are filing, but may include:

• Photos and videos of the accident scene
• Police reports and incident reports
• Witness statements
• Surveillance footage
• Medical records
• The testimony of a professional, such as a physician or an accident reconstructionist

When you hire a personal injury lawyer from Berenson & Associates, PC, to represent you, you are investing in legal counsel you trust through every stage of these difficult proceedings. Our firm can gather all of the evidence you will need to accurately identify the party responsible for causing your injury and prove the full extent of the damages you are eligible to claim from the defendant.

Steps to Take Immediately After an Accident

After an accident, the fear, adrenaline, and physical pain can all make it difficult to know what to do next. However, it is important to act carefully to protect your physical health and safety as well as your ability to file a claim. While steps vary depending on your accident, some steps to take include:

• Moving to a safe location: In many types of cases, it is a good idea to move away from where an injury occurred, so as to prevent further injury. This can mean moving away from the road after a car accident, out of a stairwell where a broken stair caused you to fall, or away from another active hazard.
• Reporting the accident: Reporting the accident promptly is important when filing a claim. Call the police if you are involved in a car accident or if you are facing significant physical injuries or property damage. You should also alert the person responsible for the property where the accident occurred, such as a store manager or property owner. Keep a copy of any incident reports made.
• Receiving medical care: You should seek medical attention as soon as possible after an accident, even if you do not notice any major injuries. Prompt medical care can decrease the risk of worsening your injury. When it comes to filing a claim, receiving medical care early provides a medical record of your injuries, which can be used to prove that your injuries were sustained during the accident, rather than from another event.
• Documenting the accident scene: Document any key details of the accident. This could mean writing down exactly what occurred, the date, time, and location of the accident. You should also take photos and videos of the accident scene, any visible injuries, and any property damage. Take multiple photos from a variety of angles and distances.
• Exchanging information with the other parties: Collect the contact and insurance information for other people who were involved in the accident. This could include the other driver, a property owner, a dog owner, or someone else whose actions contributed to the accident. However, avoid speaking with their insurance provider until you have met with a lawyer.
• Gathering witness information: Witnesses can provide essential evidence during a claim. Try to collect the names and contact information for anyone who was present when the accident took place.

As soon as it is safe and practical to do so, hire a personal injury lawyer. A lawyer can assist you in gathering evidence and communicating with the other party and their insurer. They can also explain your next steps, so you feel confident about how to move forward with your case. Having a Las Cruces personal injury attorney present can reduce your stress and allow you to focus on your physical and mental health.

Recovering From Your Personal Injury in Las Cruces

The goal of your personal injury case is to obtain the compensation you need to be made as whole as possible again after being harmed by another party’s negligence or misconduct. You may have grounds to claim compensation for property damage, medical expenses, lost wages, and your lost earning capacity if the injury caused a permanent disability. Your attorney can accurately determine the total economic damages you are eligible to claim from the defendant.

• Property damage
• Medical expenses
• Lost wages
• Lost earning capacity
• Pain and suffering

You may also be able to claim compensation for the pain and suffering you experienced. Ultimately, your case could be worth much more than you expect, but you should hire a personal injury lawyer at your first opportunity after the injury to have the greatest chance of success with your case.

Berenson & Associates, PC, is ready to listen to your story, determine your most viable recovery options, and guide you through the process of claiming compensation for your damages. You have a time limit for filing a personal injury case in New Mexico, and some of the evidence you need to prove fault may not be obtainable for long. Reach out to our firm today and learn how we can assist you with your personal injury case in Las Cruces.

FAQs

How Do You Prove Liability in a Personal Injury Case?

To prove liability in a personal injury case, you must obtain evidence and witness testimony to identify the party responsible for causing your injury, prove how they made it happen, and show the full scope of the resulting damages. Many types of evidence could come into play in your case, so it is crucial to hire a personal injury lawyer you trust to gather the evidence needed to prove liability.

How Much Compensation Can You Claim for a Personal Injury in Las Cruces?

The amount of compensation you can claim for a personal injury in Las Cruces largely depends on the severity of the injuries you suffered. If you can prove another party is to blame for your injury, they can be held liable for all associated economic and non-economic damages. You may have grounds to claim compensation for property damage, lost income, medical expenses, and for your pain and suffering.

What Happens if a Plaintiff Shares Fault for Their Personal Injury?

If a plaintiff shares fault for their personal injury, New Mexico’s pure comparative negligence statute comes into effect. The plaintiff can be assigned a percentage of fault. They can still claim compensation, but they lose a percentage of their case award equal to their fault percentage. If you are concerned about bearing partial liability for your personal injury, you need to hire a personal injury lawyer right away so they can explain what to expect in your case.

Why Do I Need to Hire a Personal Injury Lawyer?

You need to hire a personal injury lawyer to have the greatest possible chance of success with your case. Even if the fault for your injury seems clear, the reality is that you could face multiple unexpected challenges in your proceedings, and you risk unintentionally accepting a lower settlement than what an attorney might obtain for you if you try to handle your case alone. Hiring legal counsel vastly improves your chances of success with the case.

How Long Do I Have to File a Personal Injury Case in Las Cruces?

You have three years from the date your injury occurred to file your personal injury case in Las Cruces. This statute of limitations applies to most personal injury cases in New Mexico, and if you do not file your case within this time limit, you can be barred from claiming compensation. Three years may seem like plenty of time, but it is ideal to start the claim-filing process as quickly as possible after your injury.

Contact a Skilled Las Cruces Personal Injury Lawyer Today

Berenson & Associates, PC, has the experience and skills necessary to resolve the most challenging personal injury cases in Las Cruces and the surrounding communities of New Mexico. Whether you were in a car accident, in the hospital, or in a slip and fall accident, our team can help you pursue accountability and compensation for your damages. Contact us today to schedule your consultation with a Las Cruces personal injury lawyer you trust.