Frequently Asked Questions About Injury and Disability

It is natural to have many concerns and questions as you recover from an accident or injury. Here, the lawyers at the Injury and Disability Law Center, LLC, share their perspective on many of the most common worries. Find out what to expect from the legal system, what compensation may be available, how to protect your claim, and much more.
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  • Will My Auto Insurance Rates Increase if I Use My Insurance After an Accident Where I Was Not At Fault?

    Uninsured Motorist Coverage in New Mexico

    No. In New Mexico, we have a statute that prevents insurers from increasing auto rates for no-fault accidents. 

    As a New Mexico personal injury lawyer, I often encounter clients who are concerned about their insurance rates following an accident, especially if they need to utilize their underinsured motorist coverage. It's a valid concern, considering the financial implications that can arise from an accident, but understanding how underinsured motorists' coverage works and its impact on insurance rates is essential for every accident victim.

    What Is Uninsured Motorist Coverage?

    Let’s start by clarifying what underinsured motorist coverage is. This type of coverage is designed to protect you if you're involved in an accident with a driver who doesn't have enough insurance coverage to fully compensate you for your damages. In such cases, your underinsured motorist coverage steps in to cover the gap between the other driver's insurance coverage and your damages.

    Now, a lot of clients will respond, “great, and then my rates will go up!” I get it. Most of us have experienced insurers raising our rates for any number of reasons, so it’s wise to be asking those kinds of questions. BUT… the good news is – at least in New Mexico—your rates will not go up if you have to use your underinsured/uninsured motorists coverage in an accident where you were not at fault.

    In the state of New Mexico, one of the fundamental statutes that governs insurance rates for no-fault accidents is NMSA 59A-17-7.1. Let's delve deeper into this statute and explore its implications for accident victims in the state.

    NMSA 59A-17-7.1, commonly referred to as a "No Fault Accident" statute, serves as a safeguard for consumers against unjustified rate increases by insurance companies in the event of accidents that are not the fault of the insured. This statute explicitly prohibits insurers from raising insurance rates for an insured solely based on their involvement in a no-fault accident. Here is that statute:

    59A-17-7.1. Motor vehicle liability; not at-fault accidents.

    A. The rates of a motor vehicle liability insurer shall not provide for an increase in the premium if based upon an accident in which the insured is not at fault in any manner as determined by either the accident report or the insurer. If the insurer determines that its insured is at fault contrary to the specific finding of an accident report that the insured is not at fault, the insurer shall reach its conclusion only after an investigation.

    B. A motor vehicle liability insurer shall not cancel, or use as a basis for nonrenewal, an insurance policy if such cancellation or nonrenewal is based upon an accident in which the insured is not at fault in any manner as determined by either the accident report or the insurer. If the insurer determines that its insured is at fault contrary to the specific finding of an accident report that the insured is not at fault, the insurer shall reach its conclusion only after an investigation. NMSA 59A-17-7.1


    Learn more on the full statute here: 59A-17-7.1. Motor vehicle liability; not-at-fault accidents

    How does this statute apply to the utilization of underinsured motorists coverage following an accident that was not the insured's fault?

    Protection for Consumers: The primary purpose of NMSA 59A-17-7.1 is to shield consumers from unwarranted rate hikes resulting from accidents beyond their control. By preventing insurance companies from penalizing insured individuals for no-fault accidents, the law aims to uphold fairness and transparency in the insurance industry.

    Scenario Example:

    Consider a scenario where Sarah, a resident of New Mexico, is involved in a car accident caused by a negligent driver who ran a red light. Despite Sarah's diligent driving and adherence to traffic laws, she sustains significant injuries due to the other driver's reckless behavior. Fortunately, Sarah has underinsured motorists coverage as part of her insurance policy to mitigate the financial burden of the accident.

    In Sarah's case, NMSA 59A-17-7.1 ensures that her insurance company cannot increase her rates solely because she was involved in a no-fault accident. Despite utilizing her underinsured motorist's coverage to cover the gap in insurance coverage, Sarah is protected by the statute from facing unjustified rate hikes as a result of the accident.

    Contact Our Experienced New Mexico Personal Injury Attorney For Help Today

    NMSA 59A-17-7.1 serves as a vital protective measure for consumers in New Mexico, preventing insurance companies from raising rates for no-fault accidents. Understanding the implications of this statute and seeking legal guidance when necessary are essential steps for accident victims to ensure fair treatment and protection of their rights.

    If you have any further questions or concerns about underinsured motorists coverage, insurance rates, or your legal rights following an accident, please don't hesitate to reach out.

    Our dedicated and experienced personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form.

    If you want even more information, feel free to download my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.

  • What Do The Two Numbers On My Auto Policy Limits Mean? (ex. $25,000 / $50,000)

    I understand that deciphering auto insurance policy limits can be a daunting task for individuals involved in accidents. It's crucial to comprehend the nuances of these limits to ensure you receive fair compensation for your injuries and damages. I'll break down the intricacies of auto insurance policy limits, focusing on common formats like 25,000 / $50,000 limits, prevalent in New Mexico.

    New Mexico auto insurance policy

    Understanding Policy Limits

    Auto insurance policy limits are the maximum amount an insurance company will pay for covered losses in an accident. They typically consist of two numbers separated by a slash, such as $25,000 / $50,000. These numbers represent different aspects of coverage:

    1. Per Person Limit: The first number signifies the maximum amount the insurance company will pay for injuries sustained by one individual in an accident. In the example $25,000 / $50,000, this limit is $25,000 per person.
       
    2. Per Accident Limit: The second number denotes the maximum total amount the insurance company will pay for all injuries and damages resulting from a single accident. In the example, this limit is $50,000 for the entire accident.

    It is easiest to explain this using some examples.

    Example Scenario #1

    Imagine you're involved in a car accident where the at-fault driver's insurance policy has limits of $25,000 / $50,000. If you're the only person injured in the accident and your medical expenses amount to $30,000, here's how the insurance coverage would apply:

    • Since your expenses exceed the per-person limit of $25,000, you're entitled to receive the full $25,000 from the at-fault driver's insurance policy.
    • However, even though the total available for the entire accident is $50,000, the insurance company will not cover the remaining $5,000 of your medical expenses because the per-person limit is only $25,000.
    • The $50,000 limit would only apply if there were multiple claimants.
       

    Example Scenario #2

    Imagine a scenario where you're involved in a car accident with two passengers in your vehicle, and the at-fault driver's insurance policy has limits of $50,000 / $100,000. Here's how the insurance coverage would apply in this situation:

    Per Person Limit: The per-person limit of $50,000 means that each individual injured in the accident can potentially receive up to $50,000 in compensation for their injuries.

    Per Accident Limit: The per-accident limit of $100,000 signifies the maximum total amount the insurance company will pay for all injuries and damages resulting from the accident.

    1. Driver's Injuries: Your medical expenses amount to $40,000.
      Since your expenses fall within the per-person limit of $50,000, you're entitled to receive the full $40,000 from the at-fault driver's insurance policy.
       
    2. Passenger's Injuries: The passenger sustains injuries with medical expenses totaling $70,000.
      Since the passenger's expenses exceed the per-person limit of $50,000, they are eligible to receive only up to $50,000 from the at-fault driver's insurance policy.

    However, since the total policy limits available for the entire accident is $100,000, there is sufficient coverage to compensate the driver ($40,000) and passenger ($50,000) up to the per-accident limit. (In this example, it combined to total $90,000).

    Note – had there been another victim involved with $30,000 in damages, the total per accident limits of $100,000 would have to be pro-rated among the three victims because the $100,000 would not cover everyone’s damages.

    Implications for Car Accident Victims in New Mexico

    Understanding auto insurance policy limits is crucial for accident victims seeking compensation.

    Here are some key implications to consider:

    1. Coverage Adequacy: Assess whether the at-fault driver's policy limits are adequate to cover your medical expenses, property damage, and other losses resulting from the accident.
       
    2. Stacking and Uninsured/Underinsured Motorist Coverage: In New Mexico, drivers have the option to "stack" coverage from multiple insurance policies or opt for uninsured/underinsured motorist coverage to protect themselves in cases where the at-fault driver's policy limits are insufficient. This can get confusing, so don’t focus on trying to understand that completely. Just know that Uninsured/Underinsured Motorist Coverage can help cover you if the other driver’s insurance limits are insufficient to cover all your damages.

    Recover the Compensation You Deserve By Contacting Our New Mexico Personal Injury Attorney Today

    Navigating auto insurance policy limits is a crucial aspect of securing fair compensation for injuries and damages resulting from car accidents in New Mexico. By understanding the per-person and per-accident limits of an insurance policy, accident victims can make informed decisions and seek appropriate legal recourse when necessary. Remember, seeking guidance from an experienced New Mexico personal injury attorney can greatly assist in navigating the complexities of insurance claims and maximizing your recovery.

    Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form.

    If you want even more information, feel free to download my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.

  • How are Social Security Disability Payments Calculated?

    As an attorney specializing in Social Security Disability law, I often encounter clients seeking clarity on how the Social Security Administration (SSA) determines the amount of disability payments. It's crucial to understand that the calculation involves a complex process, considering various factors to ensure fair and accurate compensation for individuals facing disabling conditions. Here's a detailed explanation to address this frequently asked question:

    1. Work Credits and Eligibility

    To qualify for Social Security Disability Insurance (SSDI), individuals must have earned a sufficient number of work credits. Work credits are earned based on employment and income, and the exact requirements may vary depending on age.

    2. Average Indexed Monthly Earnings (AIME)

    The first step in calculating disability benefits involves determining the Average Indexed Monthly Earnings (AIME). AIME is the average of the highest-earning years adjusted for inflation using the Social Security indexing formula.

    3. Primary Insurance Amount (PIA)

    The AIME is then used to calculate the Primary Insurance Amount (PIA). PIA is the basic benefit amount a person would receive if they become disabled at full retirement age. The PIA is determined by applying a progressive formula to different income brackets.

    4. Cost-of-Living Adjustments (COLA)

    Disability benefits are subject to annual Cost-of-Living Adjustments (COLA) to account for inflation. This ensures that the purchasing power of disability payments is maintained over time.

    5. Family Benefits

    In some cases, family members of disabled individuals may be eligible for auxiliary benefits. This can include spouses, children, and even divorced spouses, each receiving a percentage of the disabled individual's PIA.

    6. Maximum Family Benefit

    The SSA imposes a Maximum Family Benefit limit to prevent family benefits from exceeding a certain threshold. This limit is typically a percentage of the disabled individual's PIA.

    7. Waiting Period and Retroactive Benefits

    There is a mandatory five-month waiting period for disability benefits. However, individuals may be eligible for retroactive benefits, allowing them to receive payments for the months they were disabled before the application date.

    8. Trial Work Period

    Social Security encourages individuals to return to work if possible. The Trial Work Period allows beneficiaries to test their ability to work for a limited time without losing benefits.

    9. Substantial Gainful Activity (SGA)

    Social Security defines the level of work activity that is considered substantial gainful activity (SGA). Earning income above the SGA threshold may impact disability benefits.

    10. Consultation with a Social Security Disability Attorney

    Given the complexity of the calculation process and the potential impact of various factors, consulting with a Social Security Disability attorney is advisable. An attorney can provide personalized guidance, ensure accurate documentation, and represent the client's interests in the disability claims process.

    Understanding the intricacies of Social Security Disability payment calculations is crucial for individuals navigating the disability benefits system. While this overview provides a comprehensive guide, seeking legal counsel can greatly assist in navigating the complexities and ensuring the best possible outcome for those in need. 

     

  • Is It Okay For Me To Post On Social Media After An Accident In New Mexico?

    social media posting after a car accident

    Answer: I would advise against it. But if you are going to post about your accident, be careful and post sparingly. 

    In the age of information and connectivity, social media has become an integral part of our daily lives. While platforms like Facebook, Twitter, and Instagram offer us a way to stay connected with friends and family, they can also have unforeseen consequences, especially in the context of legal matters. There is also a temptation to get on there and rant about some other stupid driver. As a New Mexico car accident attorney, I often witness the impact of social media on car accident cases. In this blog post, we'll explore the importance of cautious social media use after an accident and how it can prevent potential harm to your legal case.

    The Digital Footprint of Posting on Social Media After a Car Accident

    One of the first things to understand is that everything you post on social media leaves a digital footprint. This includes status updates, photos, comments, and even location tags. Insurance companies and opposing attorneys are increasingly turning to social media as a source of evidence in car accident cases. What may seem like an innocent post or photo could be misconstrued and used against you in court.

    My best advice is don’t post about your accident. But if you are going to post, be cautious and consider these tips. 

    1. Avoid Discussing the Accident

    After a car accident, emotions can run high, and it's natural to want to share your experience. However, discussing the details of the accident on social media can be detrimental to your case. Avoid making any statements, apologies, or admissions of fault online.

    2. Limit Posting About Your Activities

    Insurance adjusters and opposing attorneys may monitor your social media accounts to gather information about your daily activities. Posting updates about physical activities or events that contradict your injury claims can be used to undermine your case. It's crucial to be mindful of the image you portray online.

    3. Adjust Privacy Settings

    Take advantage of privacy settings on your social media accounts. Restrict access to your posts and profiles to ensure that only trusted individuals can view your content. This adds an extra layer of protection against prying eyes looking for information that could be used against you.

    4. Refrain from Accepting Friend Requests

    Be cautious about accepting friend requests from individuals you don't know personally. Insurance companies may create fake profiles to gain access to your posts. By limiting your online connections, you reduce the risk of unauthorized access to your personal information.

    Potential Consequences of Posting on Social Media After a Car Accident

    Failing to exercise caution on social media after a car accident can lead to serious consequences for your case. Opposing parties may use your posts to dispute your injuries, question liability, or challenge the severity of the accident. What may have seemed like a harmless update at the time could be twisted and used against you in negotiations or court proceedings.

    This FAQ is designed to cover the basics, but there is a helpful article, “Why Social Media & Car Accidents Don’t Mix,” which provides even more information and some additional helpful tips for social media after an accident. 

    Here is the short version: don’t do it… or if you do, proceed with caution. 

    Contact Our Roswell Car Accident Attorney For A Consultation Today

    In the digital age, the impact of social media on legal cases, including car accidents, cannot be ignored. As an attorney, my advice is clear: exercise caution and restraint when it comes to sharing information online after an accident. Protect your rights and ensure that your online presence supports, rather than hinders, your case. By understanding the potential consequences and taking proactive steps to limit your digital footprint, you can navigate the legal process with greater confidence and increase the likelihood of a favorable outcome.

    Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form

    If you want even more information, feel free to download my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more. 

  • What is Medical Payments (MedPay) Coverage and How Can It Be Used to Help After a Car Accident?

    MedPay is coverage within auto insurance policies that pays for medical expenses resulting from car accident injuries, regardless of fault. Coupled with its inclusivity and collaboration with health insurance, MedPay is a valuable resource to car accident injury victims. 

    Car accidents are not only physically and emotionally distressing but can also result in significant financial strain, particularly when it comes to medical expenses. Amidst the various components of auto insurance, Medical Payments Coverage (MedPay) is a valuable yet often overlooked resource that plays a crucial role in alleviating the financial burden associated with post-accident medical bills. In this comprehensive guide, I'll explore the details of MedPay and its pivotal role in providing financial support for medical treatments after a car accident.

    Understanding MedPay: A Safety Net for Medical Expenses

    What is Medical Payments Coverage (MedPay)?

    MedPay is a specialized provision within auto insurance policies designed to cover medical expenses resulting from injuries sustained in a car accident. Its distinguishing feature lies in its ability to cover medical costs, regardless of who is at fault for the accident. Essentially, MedPay acts as a financial safety net, offering support for necessary medical treatments and services. MedPay is not required by law, thus this is optional coverage.  Most “full coverage” auto policies include MedPay. 

    How Does MedPay Work After a Car Accident?

    Unlike some other insurance coverages, MedPay operates as a supplementary coverage that steps in to cover medical expenses arising from a car accident, irrespective of fault. This means that even if you are deemed responsible for the accident, MedPay can help cover your medical bills, providing an important layer of protection and financial support. 

    What Medical Expenses Does MedPay Typically Cover?

    MedPay is designed to cover a wide range of medical expenses incurred as a result of a car accident. From hospital visits and emergency room care to surgical procedures, X-rays, diagnostic tests, ambulance services, doctor visits, and even dental treatments directly related to the accident – MedPay ensures that various aspects of medical care are addressed

    Does MedPay Only Cover the Policyholder?

    One notable advantage of MedPay is its inclusivity. It extends coverage beyond the policyholder to include passengers in the insured vehicle and even family members who may be driving the insured vehicle at the time of the accident. This broad coverage makes MedPay a valuable asset for protecting not only the policyholder but also those in their immediate circle.

    Medical payment coverage in New Mexico

    MedPay vs. Other Insurance Coverages

    How Does MedPay Differ from Other Types of Auto Insurance Coverage?

    MedPay differs from liability coverage, a standard component of auto insurance, in its specific focus on covering medical expenses. While liability coverage may address damages to other parties involved in an accident, MedPay is dedicated to covering the medical costs of the insured and their passengers. It provides a specialized layer of protection for healthcare-related expenses and is particularly valuable because it provides coverage even if you are at fault. 

    Is MedPay Mandatory, and How Much Coverage Should I Consider?

    Unlike some mandatory auto insurance coverages, MedPay is optional in many states. However, it offers valuable coverage that can significantly impact the financial aftermath of an accident. The amount of coverage to consider depends on individual circumstances, including existing health insurance coverage and potential out-of-pocket medical expenses. 

    Can MedPay Be Used in Conjunction with Health Insurance?

    Yes, MedPay can work in tandem with health insurance. It complements health coverage by assisting in covering deductibles, co-payments, and other out-of-pocket medical expenses that may not be fully addressed by health insurance alone. This collaborative approach ensures a more comprehensive strategy for managing medical costs.

    Does MedPay Cover Lost Wages or Other Non-Medical Expenses?

    It's crucial to note that MedPay is specifically designed to cover medical expenses and does not extend coverage to address non-medical expenses such as lost wages or property damage. Its primary focus is on mitigating the financial impact of healthcare-related costs resulting from a car accident.

     

    Navigating the Claims Process

    How Do I Make a Claim with MedPay?

    Initiating a MedPay claim involves contacting your insurance company and providing the necessary documentation, including medical bills and records. The claims process is generally straightforward, with the insurance company guiding you through the steps. Starting the claims process promptly after the accident is advisable to ensure a timely resolution of your medical expenses.

    Is There a Time Limit for Filing a MedPay Claim After a Car Accident?

    Yes, but the time limit for filing a MedPay claim can vary based on insurance company policies and state regulations. However, it is recommended to initiate the claims process as soon as possible after the accident to facilitate a timely resolution of medical expenses.

     

    MedPay is a Crucial Component of Auto Insurance

    Medical Payments Coverage (MedPay) stands as a valuable resource for individuals navigating the aftermath of a car accident. Its unique ability to cover medical expenses irrespective of fault, coupled with its inclusivity and collaboration with health insurance, makes it a crucial component of comprehensive auto insurance coverage. Understanding the intricacies of MedPay can empower individuals to make informed decisions about their insurance coverage and ensure that they have the necessary financial support when facing unexpected medical costs after a car accident. As you review and reassess your auto insurance policy, consider the invaluable role that MedPay can play in securing your well-being and financial stability in the aftermath of an unfortunate event on the road.

    Contact Our New Mexico Personal Injury Attorney

    Remember that the information provided in this FAQ is intended as general guidance. Every personal injury case is unique and seeking advice from a qualified New Mexico personal injury attorney is crucial to making informed decisions

    Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form. 

    If you want even more information, feel free to download my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more

  • Can I File A Personal Injury Claim If I Already Have A Workers' Compensation Claim In New Mexico

    The short answer is yes. You can pursue a personal injury claim in addition to a workers’ compensation claim resulting from the same accident, but only if your injuries were caused by a third party (not a fellow employee).

    Here is a list of short questions and answers on this topic from our New Mexico personal injury lawyer to explain:

    What Is The Difference Between A Workers' Compensation Claim And A Personal Injury Claim?

    A workers' compensation claim is designed to provide benefits to employees injured in the course of their employment, regardless of fault. On the other hand, a personal injury claim typically involves seeking compensation from a negligent party outside of the employer-employee relationship.

    Why Might I Consider Filing Both Claims?

    Workers' compensation covers certain benefits like medical expenses and lost wages, but it may not fully address all damages. Filing a personal injury claim allows you to seek additional compensation for pain and suffering, emotional distress, and other non-economic damages.

    Can I Sue My Employer For A Personal Injury If I'm Already Receiving Workers' Compensation?

    Generally, in New Mexico, you cannot sue your employer for a personal injury if you're receiving workers' compensation benefits. However, if a third party (not your employer or co-worker) is responsible for your injury, you may have grounds for a personal injury claim against that negligent party. 

    Can I File A Personal Injury Claim Against A Third Party While Receiving Workers' Compensation?

    Yes, if someone other than your employer or a co-worker is responsible for your injuries, you can file a personal injury claim against that third party. This is known as a third-party liability claim and is separate from your workers' compensation case.

    How Does Filing Both Claims Impact The Compensation I Receive?

    Filing both claims allows you to potentially receive a broader range of compensation. Workers' compensation provides specific benefits, while a personal injury claim may cover additional damages not addressed by workers' comp, such as pain and suffering.

    Can I Pursue Both Claims Simultaneously?

    Yes, it is possible to negotiate and pursue claims for both your workers' compensation and personal injury claims at the same time. However, the terms and legal implications can be complex, and having legal representation is advisable.

    What Factors Should I Consider Before Pursuing Both Claims?

    Factors to consider include the nature of your injuries, the extent of damages, and the involvement of third parties. 

    Can My Employer Retaliate Against Me For Filing Both Claims?

    New Mexico law prohibits employers from retaliating against employees for filing workers' compensation claims. Often, employers encourage a third-party claim to be brought when damages to their employee were caused by a negligent third party because there are rights of reimbursement that the employer’s carrier may be entitled to if there is a personal injury recovery against the negligent party.

    Speak With Our Experienced New Mexico Personal Injury Attorney About Your Claim 

    There are many factors involved when considering workers’ compensation and personal injury claims, and it's crucial to consult with an experienced New Mexico personal injury lawyer to determine the best course of action for your specific situation. A lawyer can assess the details of your case, guide you through the process, and ensure your rights are protected every step of the way.

    Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form here

    If you want even more information, feel free to download my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more. 

  • Can I Recover Punitive Damages in a Personal Injury Case?

    Punitive damage recovery from New Mexico personal injury attorney

    The short answer is yes, but only in limited circumstances. 

    Let’s jump in and answer the most important information you need to know about punitive damage claims in personal injury cases.

    1. What Are Punitive Damages In A Personal Injury Case?

    Punitive damages, also known as exemplary damages, are a type of compensation awarded in addition to compensatory damages in certain personal injury cases. Unlike compensatory damages that aim to compensate the victim for their actual losses, punitive damages are meant to punish the defendant for their egregious conduct and deter similar behavior in the future.

    2. Can I Seek Punitive Damages In A Personal Injury Case In New Mexico?

    Yes, you can pursue punitive damages in a personal injury case in New Mexico, but certain conditions must be met. Under New Mexico law, punitive damages can only be awarded when the defendant's conduct was "malicious, willful, reckless, wanton, fraudulent, or in bad faith." The plaintiff must demonstrate that the defendant's actions were not only negligent but also displayed a conscious disregard for the safety and rights of others. This is the key requirement. It must go beyond just ordinary negligence to the point that someone would likely respond, “that’s outrageous!” when told about the facts. 

    Punitive damages are not available in all personal injury cases. They are typically reserved for cases where the defendant's conduct is especially reprehensible. For example, punitive damages might be sought in cases involving drunk driving accidents, intentional torts, or cases where the defendant's actions were particularly reckless.

    3. What Is Required To Prove Eligibility For Punitive Damages?

    To be eligible for punitive damages in a personal injury case in New Mexico, you must establish the following elements:

    • The defendant engaged in conduct that goes beyond ordinary negligence.
    • The defendant's conduct was malicious, willful, reckless, wanton, fraudulent, or in bad faith.
    • The defendant's conduct caused your injuries.

    4. How Is The Amount Of Punitive Damages Determined?

    If the court determines that punitive damages are appropriate, the amount is usually left to the discretion of the jury. The jury will consider factors such as the severity of the defendant's conduct, the harm caused to the victim, the defendant's financial resources, and the need to deter similar conduct in the future. If your case is not in litigation, an insurance company adjuster would often evaluate the facts and include an amount for punitive damages when justified. The amount is negotiated with the insurance company in a similar manner to other damages in a personal injury claim (Beware though- see number 5 below!)

    5. Will Insurance Cover Punitive Damages?

    In many cases, insurance policies do NOT cover punitive damages. They typically cover compensatory damages arising from negligence or accidents. Punitive damages are intended to punish the defendant for their intentional or reckless conduct, and insurance policies often exclude coverage for intentional acts.

    6. How Can An Attorney Help With Pursuing Punitive Damages?

    An experienced personal injury attorney in New Mexico can help you navigate the legal process, gather evidence to establish the defendant's egregious conduct and present a strong case for punitive damages. They can also help you understand your rights, negotiate with insurance companies, and represent your interests in court if necessary.

    7. Should I Consult An Attorney About Pursuing Punitive Damages?

    Absolutely. Pursuing punitive damages requires a thorough understanding of New Mexico's complex legal standards and procedures. Consulting with a knowledgeable New Mexico personal injury attorney can help you assess the viability of your claim, build a compelling case, and increase your chances of obtaining the compensation you deserve.

    Remember, each personal injury case is unique, and the applicability of punitive damages depends on the specific facts and circumstances. It's essential to consult with an attorney who is familiar with New Mexico law to determine the best course of action in your situation.

    Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form

    If you want even more information, feel free to download my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more. 

  • What are the Most Important Factors in Determining the Value of My Personal Injury Claim?

    New Mexico personal injury case value evaluation

    There are many factors considered when assessing the value of a personal injury claim in New Mexico. I will include the TEN MOST IMPORTANT factors along with a brief description. For more details on each of these factors, check out my free downloadable book, “Car Accident Cases Made Simple(r). 

    1. Liability / Comparative Negligence

    Determining who is at fault or liable for the accident or injury is crucial. New Mexico follows the doctrine of pure comparative negligence, which means that the plaintiff's recovery can be reduced if they are found partially at fault. For instance, if your total damages are $100,000, but you are found to be 20% at fault for the accident, your final recovery would be reduced to $80,000.

    Therefore, it's essential for claimants to establish clear liability and minimize evidence of their own negligence to maximize their potential recovery in motor vehicle accident cases. 

    All the other factors on this list won’t matter if you can’t successfully argue liability – making this the number one factor on this list. 

    2. Nature and Extent of Injuries

    The severity of your injuries and the related medical treatment play a significant role in determining your claim’s value. Consideration is given to whether your injuries will have long-term or permanent effects, including disability, pain, or emotional distress.

    3. Economic Damages

    Economic damages are those damages you suffer that have a specific dollar value that can be assigned or calculated. These are the most common economic damages. 

    • Medical Expenses: The cost of past and future medical treatments, including surgeries, rehabilitation, medications, and therapy.
    • Lost Income: Compensation for wages or income lost due to the injury, which may include future earnings if you are unable to work in the same capacity as before.
    • Property Damage: If your personal property, such as a vehicle, was damaged in the incident, you may be entitled to compensation for repair or replacement costs.

    4. Non-Economic Damages

    Non-economic damages are those damages that do not have a specific dollar value that be assigned or calculated specifically. For this reason, non-economic damages tend to be more difficult to value and are more heavily argued by insurance companies. The most common non-economic damages are: 

    • Pain and Suffering: The physical and emotional distress caused by the injury.
    • Loss of Consortium: Compensation for the impact of the injury on your relationship with your spouse or family members.
    • Loss of Enjoyment of Life: Compensation for the loss of ability to participate in activities you once enjoyed.

    5. Insurance Coverage

    The insurance policies of the parties involved can significantly impact your claim’s value. This includes the limits of liability coverage and any additional coverage available, such as underinsured or uninsured motorist coverage.

    6. Settlement vs. Trial

    The willingness of both parties to reach a settlement out of court can affect the final compensation amount. In some cases, a trial may be necessary to achieve a fair outcome. However, a settlement may result in less than the top value of your claim, but a settlement also eliminates the risks of a trial that could leave you with zero. A settlement also avoids the stress that clients feel with a trial and, for that reason, may be more appealing. These are important factors that must be considered on a case-by-case basis. 

    7. Unique Circumstances

    Every personal injury case is unique, and various additional factors may come into play depending on the specific circumstances of your case.

    Have the injuries sustained impacted you differently than they do most? For example, I once had a client who had a unique business of providing specialized physical therapy to horses. Her injuries impacted her ability to perform her job and participate in many of her hobbies and activities. 

    Unique circumstances can also be something like you couldn’t obtain medical treatment because you didn’t have health insurance and couldn’t afford medical treatment. In these situations, the medical bills might not be an accurate measure of the value of your damages. 

    Every case is different. Look for the unique factors that might increase the value of your claim.

    8. Pre-Existing Conditions

    If you had pre-existing medical conditions, the defendant's liability may be limited to the extent the injury worsened those conditions. A defendant is only responsible for the injuries/damages caused by their negligent action. Your medical condition prior to the accident is an important factor in understanding the value of your claim. 

    9. Emotional Distress

    Technically, this is non-economic damage that I reference above in the pain and suffering, but this is an important factor, so I decided to mention it again because it comes up a lot. Claims for emotional distress or mental anguish are valid in New Mexico but can be challenging to quantify (put a value on). Evidence such as therapy records and expert testimony may be necessary. 

    Something to keep in mind, the emotional distress damages will not usually be valued as high as you feel it should. Every accident comes with an emotional impact. However, in general, the level of emotional distress damages will have a correlation to the level of injuries sustained. In other words, if you have a minor accident with limited treatment, then your emotional distress damages would then be expected to be minor as well. If you were in a catastrophic accident with permanent injuries, the emotional damages are thus equally more significant. 

    10. Punitive Damages

    In rare cases, punitive damages may be awarded to punish the defendant for egregious misconduct - think of drunk drivers or very high-speed accidents (20+ MPH over the speed limit). Don’t forget about texting and driving, too. Some courts have started awarding punitive damages in cases where the defendant was texting while driving. 

    Contact Our New Mexico Personal Injury Lawyer Today to Get Your Consultation

    It's important to consult with an experienced New Mexico personal injury attorney who can thoroughly evaluate your case, assess these factors, and provide guidance tailored to your unique circumstances. A personal injury attorney in New Mexico can help you pursue the maximum compensation you deserve for your injuries and losses.

    Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form. 

    If you want even more information, download my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.

     

  • Does A 100% Disability Rating From The VA Automatically Qualify Me For Social Security Disability Benefits?

    Navigating the complex landscape of disability benefits can be overwhelming, particularly when it comes to understanding the relationship between different government programs, such as the Department of Veterans Affairs (VA) and the Social Security Administration (SSA). One common question that arises is whether receiving a 100% disability rating from the VA guarantees automatic qualification for Social Security Disability benefits (SSD). In this comprehensive guide, we will delve into the nuances of these two programs, shed light on their distinct eligibility criteria, and provide insights into how they interact. 

    Social Security Disability Benefits for Veterans Disability Rating

    Understanding VA Disability Ratings: 

    The VA assigns disability ratings to veterans based on the severity of their service-connected disabilities. A 100% disability rating indicates that a veteran has been found to be fully and permanently disabled due to their service-connected conditions. This rating often comes with substantial monthly compensation from the VA, reflecting the severity of the veteran's disabilities. However, it is crucial to recognize that while the VA's disability ratings are influential within its own framework, they do not directly dictate eligibility for other disability benefit programs, such as SSD. 

    Social Security Disability (SSD) Eligibility Criteria:

    The Social Security Disability program, overseen by the Social Security Administration, is distinct from VA disability benefits. SSD provides financial assistance to individuals who are unable to engage in substantial gainful activity (SGA) due to a severe medical impairment expected to last for at least 12 months or result in death. To qualify for SSD benefits, an applicant must meet the following criteria:

    1. Medical Condition: The applicant must have a severe impairment that prevents them from working. 
    2. Duration: The impairment must be expected to last for at least 12 continuous months or result in death. 
    3. Inability to Perform Substantial Gainful Activity (SGA): The applicant must be unable to engage in any substantial gainful activity due to the impairment. SGA refers to work that generates a certain level of income, which is reviewed annually. 

    Interaction Between VA and SSD:

    While both VA disability benefits and SSD are government programs that provide financial assistance to disabled individuals, their eligibility criteria differ. A 100% disability rating from the VA does not guarantee automatic approval for SSD benefits. The SSA evaluates disability claims independently and uses its own criteria to determine eligibility. The fact that the VA recognizes a veteran as fully disabled does not necessarily mean that the SSA will arrive at the same conclusion. 

    Medical Evidence and SSD Application Process:

    When applying for SSD benefits, regardless of VA disability ratings, medical evidence plays a pivotal role. The SSA requires substantial medical documentation that supports the severity and impact of the applicant's impairment on their ability to work. This evidence should demonstrate that the applicant meets the SSA's definition of disability, which may not align exactly with the VA's standards. 

     

    In conclusion, receiving a 100% disability rating from the VA is a significant recognition of the severity of a veteran's service-connected disabilities. However, it does not guarantee automatic eligibility for Social Security Disability benefits. The SSA evaluates disability claims using its own criteria, with a focus on the applicant's ability to engage in substantial gainful activity. Veterans who are considering applying for SSD benefits should be prepared to provide comprehensive medical evidence and go through the SSA's application and review process. It's recommended to seek legal advice or assistance when navigating the complex terrain of disability benefits to ensure the best chance of success in securing the benefits they rightfully deserve. Give our office a call to schedule a free consultation at (575) 300-4000, or fill out our online contact form here.

  • Can I Pursue a Personal Injury Claim if I was Partially at Fault?

    As an attorney practicing in New Mexico, I understand that personal injury claims can be complex, especially when the victim might bear some degree of responsibility for the incident. This personal injury FAQ aims to provide guidance on pursuing a personal injury claim in New Mexico when the victim was partially at fault.

    Partially at fault client talking to New Mexico personal injury lawyer

    Can you still pursue a personal injury claim if I was partially at fault for the accident?

    Yes, you can still pursue a personal injury claim in New Mexico, even if you were partially at fault for the accident. New Mexico follows the doctrine of "comparative negligence," which means that your recovery would be reduced by the percentage of fault assigned to you.

    How does comparative negligence work in New Mexico?

    Comparative negligence in New Mexico means that each party's degree of fault is considered when determining liability and damages. If you were partially at fault, your potential compensation will be reduced by the percentage of fault assigned to you. For example, if you were found 20% at fault and your total damages were $10,000, you would receive $8,000 (80% of the damages).

    What if I was more than 50% at fault? Can I still recover compensation?

    Yes, although this varies by state. Under New Mexico's pure comparative negligence rule, if you are found to be 51% or more at fault, you can still recover compensation from the other party using the same reduction for fault framework. If you were found 60% at fault and your total damages were $10,000, you would receive $4,000 (40% of the damages). 

    How is fault determined in a personal injury case?

    Fault is determined through investigation, evidence, and legal arguments presented by both parties. Insurance companies, attorneys, and sometimes courts will evaluate the circumstances of the accident, review evidence, and consider applicable laws to assign percentages of fault to each party involved. I have written about this in more detail about how fault is determined in a personal injury case.

    Should I speak with the other party's insurance company if I was partially at fault?

    It's advisable to consult with an attorney before speaking with any insurance company, including your own. Insurance adjusters might try to use your statements against you to reduce their liability. An attorney can guide you on how to communicate with insurance companies to protect your interests, or the attorney can handle all of the communications on your behalf so you don’t have to worry about it (this is the best approach!)

    How can an attorney help me with a New Mexico personal injury claim involving partial fault?

    An experienced New Mexico personal injury attorney can be a valuable asset in these cases. They can help gather evidence, assess your case's strengths and weaknesses, negotiate with insurance companies, and potentially litigate if a settlement cannot be reached.

    Can I still recover compensation if I was injured on someone else's property and am partially at fault?

    Yes, you may still be able to recover compensation in premises liability cases, even if you were partially at fault. Property owners have a duty to maintain safe premises. Your degree of fault will be considered, and your compensation might be reduced accordingly.

    Remember that each personal injury case is unique, and the information provided in this FAQ is meant to serve as a general guideline. Consulting with a qualified New Mexico personal injury attorney is crucial to getting personalized advice tailored to your situation.

    Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form

    If you want even more information, feel free to download my free eBook, Car Accident Cases Made Simple(r), where I discuss this topic and more.