Albuquerque Medical Malpractice Lawyers

How Do Personal Injury Claims Work?

Personal injury claims are often complex legal matters. The stakes are high, and you will be up against a large insurance company.

In New Mexico, personal injury claims follow a legal process designed to compensate individuals who have been injured or suffered harm due to the negligent or intentional actions of others.

Seek Medical Attention: Your health and well-being should be your top priority. Seek immediate medical attention for your injuries. This not only ensures your well-being but also establishes documentation of your injuries, which can be crucial for your claim.

Consult an Attorney: It's advisable to consult a personal injury attorney who is familiar with New Mexico laws and has experience handling personal injury cases. They can guide you through the legal process, evaluate your claim, and help protect your rights.

Investigation and Gathering Evidence: Your attorney will conduct a thorough investigation to gather evidence related to your case. This may include obtaining accident reports, medical records, witness statements, photographs, and any other relevant documentation that supports your claim.

Determining Liability: To succeed in a personal injury claim, you need to establish the liability (legal responsibility) of the party or parties responsible for your injuries. Your attorney will assess the facts and evidence to determine liability and identify potential defendants.

Negotiations and Settlement: In many cases, personal injury claims are resolved through negotiations with the insurance company representing the at-fault party. Your attorney will negotiate on your behalf to seek a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. If a settlement is reached, your claim will be resolved without going to trial.

Filing a Lawsuit: If a fair settlement cannot be reached through negotiations, your attorney may recommend filing a lawsuit. They will prepare the necessary legal documents and initiate the lawsuit in the appropriate court. The defendant will be served with a copy of the complaint, and the legal process will begin.

Discovery and Pre-Trial Phase: Both parties exchange information and evidence through a process known as discovery. This involves depositions, interrogatories, requests for documents, and other legal procedures. The court may also schedule pre-trial conferences to discuss the case's progress and potential settlement options.

Trial: If your case proceeds to trial, both parties will present their arguments and evidence before a judge and possibly a jury. The jury will determine liability and assess damages if the defendant is found responsible for your injuries. The court will then issue a judgment specifying the compensation you are entitled to.

Appeals: Either party may appeal the court's decision if they believe legal errors occurred during the trial. The appeals process involves presenting arguments to a higher court, typically the New Mexico Court of Appeals or the New Mexico Supreme Court.

Types of Personal Injury

Our injury lawyers in Albuquerque can help you if you were injured due to:

• Motor vehicle accidents: These are the most common cause of personal injuries. Motor vehicle accidents can result from a wide variety of negligent actions, such as drunk driving, speeding, distracted driving, and unsafe vehicle design.
• Truck accidents: Truck accidents can be especially catastrophic. Semi-trucks and large commercial vehicles are much larger than most other vehicles on the road, so they can cause severe damage when they collide with smaller vehicles.
• Premises liability: If someone else's property is unsafe, they may be liable if you are injured. This can be true if you are injured on a public sidewalk or a poorly maintained playground. It can also be true if you are injured in a defective building.
• Medical malpractice: If a doctor, nurse, or other medical professional makes a mistake that injures you, you can file a medical malpractice claim. You may be entitled to compensation for your current medical bills and other damages.
• Dog bites: If a dog owner is negligent and their dog attacks you, you may be able to file a claim. You will need to prove that the owner knew their dog had a history of violence.

At Harvey & Foote, our injury attorneys in Albuquerque, NM, can help you file a claim for personal injury. We can help you seek compensation for your medical bills, lost wages, and other damages. Our team is ready to fight for you and help you recover the compensation you need.

Recovering Compensation for Your Injuries

When you are injured in an accident, you may be facing a long and difficult recovery. You may be unable to work and unable to perform your normal daily tasks. You may be permanently disabled and unable to live the life you once knew.

If you have suffered such injuries due to someone else's negligence, you have a right to compensation. Our personal injury attorneys in Albuquerque, NM, can help you file a personal injury claim and seek the compensation you need to pay for your medical bills, lost wages, and other damages. We can help you get back on your feet as soon as possible.

Damages You May Recover for Injuries

In personal injury cases, various types of compensation, also known as damages, may be awarded to the injured party depending on the nature and extent of their injuries.

The types of compensation that can be sought in personal injury claims include:

Medical Expenses: This includes reimbursement for medical treatment, hospitalization, surgeries, medication, rehabilitation, physical therapy, assistive devices, and other healthcare-related costs incurred as a result of the injury.

Lost Wages: If the injury causes the victim to miss work or results in a diminished capacity to earn income, they may be entitled to compensation for lost wages, including past and future earnings.

Pain and Suffering: This refers to the physical pain, emotional distress, and mental anguish experienced due to the injury. Compensation for pain and suffering is subjective and varies based on the severity and long-term impact of the injuries.

Property Damage: If personal property was damaged or destroyed in the incident that caused the injury, such as a vehicle in a car accident, compensation may be sought for the repair or replacement costs.

Loss of Consortium: If the injury affects the injured person's relationship with their spouse or family members, compensation may be awarded for the loss of companionship, affection, or sexual relations.

Punitive Damages: In cases involving extreme negligence or intentional harm, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future. However, New Mexico has specific limitations on punitive damages, and they are generally awarded only in exceptional circumstances.

Need Help Filing an Injury Claim? Call Us!

At Harvey & Foote, our personal injury lawyers in Albuquerque, NM, can help you file a personal injury claim if you were injured in an accident. We can help you seek compensation for your medical bills, lost wages, and other damages. Our goal is to help you recover the money you need and get back on your feet as soon as possible.

Call (505) 295-2245 or submit an online form today.