Frequently Asked Questions About Injury and Disability

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. 

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.

 

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. 

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.

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.

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. 

Insurance companies often make quick and low offers to personal injury victims. It can be tempting to take the quick cash because, for most people, an accident has impacted their finances. To keep you from falling victim to this well-known insurance tactic, I’d like to go through how to respond to an insurance settlement offer. 

Why is This Topic Important?

When you've suffered injuries due to someone else's negligence, pursuing fair compensation is crucial for your recovery and well-being. Insurance settlement offers to play a significant role in this process, as they are often the primary means through which you can recover damages.

However, it's important to recognize that insurance companies have a vested interest in minimizing their financial liability. As a result, they may be inclined to make quick, low settlement offers early in the process. If you accept their settlement offer, you will have to sign a waiver forever discharging your rights in the claim—that means decisions on whether to settle your claim are very important. 

Why Do Insurance Companies Make Quick Low Offers Early On? 

Insurance companies often employ tactics to protect their bottom line. Early low offers serve several purposes: 

• Minimize Costs: By offering a quick settlement, the insurance company hopes to pay as little as possible before the full extent of your damages becomes clear. 
• Pressure for Quick Acceptance: They may create pressure to accept a fast settlement, hoping that you'll accept a lower amount due to financial strain or lack of information about your rights. 
• Avoiding Legal Costs: Settling quickly can help insurance companies avoid the expenses associated with prolonged negotiations or potential legal action. 

It's important to remember that initial settlement offers might not adequately cover your expenses and losses, putting you at risk that you will be left with outstanding medical bills or other liabilities from the accident. 

1. What is an insurance settlement offer? 

An insurance settlement offer is a proposal made by the at-fault partys insurance company to compensate you for your injuries and damages resulting from an accident or incident. 

2. Should I accept the first settlement offer from the insurance company?

It's generally advisable not to accept the first settlement offer immediately. Insurance companies often offer low initial settlements to protect their interests. Before accepting, consult with an experienced personal injury attorney to assess whether the offer adequately covers your damages. 

3. Can I negotiate the settlement offer? 

Yes, you can negotiate the settlement offer with the insurance company. Your settlement amount should adequately cover your medical expenses, lost wages, pain and suffering, and other damages. You can counter-offer offers from the insurance company – and you should! 

4. How is the value of my claim determined? 

The value of your claim is determined by various factors, including the severity of your injuries, medical expenses, lost income, property damage, and the long-term impact on your life. This can be challenging to know the value of these damages without the assistance of an experienced attorney. However, if you wish to handle your own claim, I would recommend reading my book, Car Accident Cases Made Simple(r), to provide an overview of strategies and tips to help you. 

5. What steps should I take before negotiating or accepting a settlement? 

Before negotiating or accepting a settlement offer:

• Seek medical treatment and follow your doctor's advice.
• Document all evidence, including medical records, accident reports, and photos.
• Keep records of your expenses, such as medical bills, property damage costs, and any other related expenses.
• Consult with a personal injury attorney to understand your rights and options.

6. How can an attorney help me with an insurance settlement offer? 

An attorney can provide invaluable assistance by: 

• Evaluating the fairness of the offer and whether it adequately compensates you. 
• Negotiating with the insurance company to achieve a better settlement. 
• Protecting your rights and ensuring you don't accept an offer that doesn't cover your true damages. 

7. What if the insurance company denies liability or offers an unreasonably low settlement? 

If the insurance company denies liability or offers a settlement that doesn't reflect your damages, an attorney can help you explore legal options, including filing a lawsuit to seek the compensation you deserve.

8. Can I still file a lawsuit if I reject a settlement offer? 

Yes, you can still file a lawsuit even after rejecting a settlement offer. Consulting with a New Mexico personal injury attorney can help you understand the implications of rejecting a settlement and pursuing legal action. 

9. Is there a time limit to accept a settlement offer? 

While there might not be a specific time limit to accept a settlement offer (there are some exceptions), it's essential to act promptly. Statutes of limitations apply to personal injury cases, so it's crucial to consult an attorney to ensure you meet all necessary deadlines. 

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 regarding insurance settlement offers. 

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.

BAM! Life can change quickly for a personal injury victim. In the immediate aftermath of the accident, you think to yourself… “what is wrong with that maniac for causing this!” But guess what at the same time, the other person may be thinking, “what is wrong with that maniac for causing this!”. 

This issue frequently comes up with clients that come to see me. They’ll tell me the other person is clearly at fault, only to find out the other person is blaming them. Now what?

In every New Mexico personal injury claim, the issue of who is at fault is THE central question that must be answered.

Determining fault in a New Mexico personal injury case is crucial because it directly impacts the compensation the injured party can receive. New Mexico's comparative negligence system assigns percentages of fault to each party involved, affecting the final amount of damages the injured party can recover. This makes the question of fault vital in assessing the potential financial recovery and ensuring a fair and just outcome for all parties involved in the case.

So let’s jump in and answer this all-important question

In New Mexico, personal injury cases involve situations where individuals suffer harm or injury due to the negligent actions of another party. Determining fault in such cases is a crucial aspect of the legal process. The state follows a comparative fault system, meaning the court assesses the proportion of fault assigned to each party involved in the incident. This FAQ answer aims to provide a comprehensive overview of how fault is determined in a personal injury case in New Mexico.

What is Negligence in a Personal Injury Case?

Negligence is a legal concept that serves as the foundation for personal injury cases in New Mexico. To establish negligence, the injured party (plaintiff) must demonstrate the following elements:

1. Duty of Care: The defendant owed the plaintiff a duty of care to act reasonably, considering the circumstances.
2. Breach of Duty: The defendant breached the duty of care by acting in a manner that deviated from the expected standard of care.
3. Causation: The defendant's breach of duty directly caused the plaintiff's injuries.
4. Damages: The plaintiff suffered actual damages (e.g., physical injuries, emotional distress, medical expenses) as a result of the defendant's actions.

How is Fault Assigned in New Mexico?

New Mexico follows the principle of pure comparative negligence. Under this system, the court assigns a percentage of fault to each party involved in the incident, including the plaintiff. Even if the plaintiff bears a portion of the responsibility for the accident, they can still recover compensation for their damages, reduced by their percentage of fault.

What is Pure Comparative Negligence?

Pure comparative negligence means that each party involved in the personal injury case is held accountable for their proportionate share of fault. For instance, if the court determines the plaintiff to be 20% at fault and the defendant 80% at fault, the plaintiff's recoverable damages will be reduced by their 20% share of negligence.

How Does Comparative Negligence Impact the New Mexico Claim?

In New Mexico, the doctrine of comparative negligence significantly impacts the compensation the plaintiff can receive. The court calculates the total damages suffered by the plaintiff and then deducts the percentage of fault attributed to them. For example, if the total damages are $100,000 and the plaintiff is 30% at fault, they would be eligible to recover $70,000 ($100,000 - 30% of $100,000).

What If Multiple Parties Are Involved?

In cases where multiple parties share fault for the accident, each party's percentage of negligence is determined. It is possible for the court to find one party entirely at fault or for various parties to share the responsibility based on their respective degrees of negligence.

Can I Still Recover Compensation If I am Partially at Fault?

Yes, you can still seek compensation even if you share some degree of fault for the accident. New Mexico's comparative negligence system allows plaintiffs to pursue damages, albeit reduced, based on their proportion of responsibility.

Contact Our New Mexico Personal Injury Lawyers to Get the Help You Need

Determining fault in a personal injury case in New Mexico follows the principle of pure comparative negligence. The court evaluates the evidence presented to assign percentages of fault to each party involved. Understanding this process is crucial for both plaintiffs and defendants in navigating the complexities of personal injury litigation and seeking or defending against fair compensation. 

It is advisable for anyone involved in a personal injury case to consult an experienced New Mexico personal injury attorney to protect their rights and pursue a just 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 check out my free eBook, Car Accident Cases Made Simple(r), where I discuss this topic and more. 

What Happens at a Social Security Disability Hearing? 

A Social Security Disability Hearing is a crucial step in the appeals process if your initial application and appeal (Request for Reconsideration) for Social Security Disability benefits was denied. It is an opportunity for you to present your case before an Administrative Law Judge (ALJ) and provide additional evidence to support your claim for disability benefits. Here's a more detailed breakdown of what you can expect during the hearing:

1. Hearing Venue and Participants

• The hearing usually takes place via phone, video, or in person in a small meeting room. Since the middle of 2020 (COVID), the Social Security Administration has conducted most hearings either by phone or video (Microsoft Teams). In 2023, in-person hearings started again. Unfortunately, if you want an in-person hearing, it will likely take longer to get one scheduled. Even with in-person hearings starting again, it is likely SSA will continue the option of phone and video hearings for the foreseeable future.
• The participants will include yourself (claimant), your attorney or representative, the ALJ, a hearing assistant (who records the proceedings), and a vocational expert who will provide testimony during the hearing. On rare occasions, a medical expert may also testify. 

2. Testimony and Questioning

• You, as the claimant, will be sworn in, and your attorney or representative may make an opening statement about your case.
• You will have the opportunity to testify about your medical condition, impairments, and how they affect your daily life and ability to work.
• The ALJ will ask you questions about your medical history, treatment, and any attempts you may have made to return to work.
• Your attorney or representative may also question you to elicit additional information that supports your claim. 

3. Witness Testimony 

• If you have witnesses who can provide relevant information about your disability or limitations, such as family members, friends, or coworkers, they may also testify. 
• Witnesses will be asked questions by both the ALJ and your representative if you have one.
• It is rare to have witness testimony. The majority of the time, you, as the claimant, will be the only one to testify besides the vocational expert.

4. Vocational Expert Testimony

• In most cases, the ALJ will call a vocational expert to testify about job availability, your ability to perform other types of work, and the impact of your disabilities on your employability.
• Your New Mexico Social Security Disability Benefits attorney or representative may also question the vocational expert to ensure a clear understanding of the testimony provided. 

5. Formality and Informality

• Social Security Disability Hearings are less formal than court trials, but it's essential to treat the process respectfully and truthfully.
• ALJs are experienced professionals who understand the challenges faced by disability claimants and aim to create a fair and supportive atmosphere.
• It's important to keep in mind that ALJ’s make decisions on Social Security disability cases for a living. These are the only types of cases they handle, and they have a very heavy workload. On the day of the hearing, it is likely the ALJ has four or five other hearings besides yours. 

6. Hearing Duration and Decision

• Hearings can vary in length but typically last around an hour.
• After the hearing, the ALJ will review all the evidence presented and consider your testimony, medical records, and expert testimony before making a decision.
• The ALJ will not likely tell you the decision at the hearing. It typically will take a couple of months after the hearing to get the ALJ’s written decision in the mail. This length of time can vary dramatically depending on the ALJ and how backup up they are. This decision will explain whether your disability claim has been approved or denied and the reasons behind the decision.

Contact Our New Mexico Social Security Disability Attorney Today to Get the Guidance You Need

Remember that each Social Security Disability Hearing is unique, and the specific procedures may differ based on your location and the ALJ overseeing the case. Being well-prepared and honest about your medical condition and limitations is essential to give yourself the best chance of a favorable outcome. If you're unsure about anything during the process, seeking guidance from an experienced New Mexico Social Security Disability Benefits attorney or representative can be beneficial.

 

Most items in personal injury claims tend to be negotiable or at least subject to an interpretation of some kind. The statute of limitations is NOT one of those issues. It is a non-negotiable, claim killer if you aren’t careful. So, while it does not require proving anything (some rare exceptions), it does require you to take certain steps to preserve your claim in a timely fashion.

The statute of limitations is a critical aspect of any legal claim, including personal injury cases. It sets a strict time limit within which an injured party must file their lawsuit. Failure to initiate legal action within the specified time frame can result in the loss of the right to seek compensation for injuries sustained. This long-form answer aims to provide a comprehensive understanding of the statute of limitations for personal injury claims in New Mexico.

What is the Statute of Limitations for Personal Injury Claims in New Mexico?

In New Mexico, the statute of limitations for personal injury claims is typically three years from the date of the injury. This means that an injured individual has three years from the date the injury occurred to file a lawsuit seeking compensation for their damages. It is crucial to note that the statute of limitations is a strict deadline, and once it expires, the injured party may be barred from pursuing legal action.

Are There Any Exceptions to the Three-Year Limit?

Yes, there are certain exceptions that may either extend or shorten the statute of limitations in specific circumstances:

A) Discovery Rule: In cases where the injury is not immediately apparent or is discovered at a later date, the statute of limitations may be tolled (paused) until the injury is discovered or should have reasonably been discovered. Be aware- this can be tricky and does not apply in every situation.

B) Minors: If the injured party is a minor (under 18 years of age) at the time of the injury, the statute of limitations is generally tolled until they reach the age of majority (18 years old). This allows them to file a claim once they become legal adults.

Statute of Limitations for Claims Against Governmental Entities

When pursuing personal injury claims against governmental entities, such as city or state agencies, there are specific time limitations that plaintiffs must adhere to:

A) 90-Day Tort Claim Notice: Before filing a lawsuit against a governmental entity, the injured party must provide a notice of claim within 90 days from the date of the injury. This notice serves as a formal notification to the government of the intent to bring a claim against them.

B) Two-Year Statute of Limitations: After providing the 90-day tort claim notice, the injured party has two years from the date of the injury to file a lawsuit against the governmental entity. If they fail to file the lawsuit within this two-year period, their right to seek compensation may be lost.

Why is the Statute of Limitations Important in New Mexico?

The statute of limitations serves several essential purposes:

A) Encourages Timely Action: It promotes the prompt resolution of legal claims, ensuring that evidence and witnesses' recollections are still fresh and readily available.

B) Protects Defendants: Defendants have the right to be free from the threat of litigation after a reasonable period has passed since the incident.

C) Judicial Efficiency: It helps prevent old and potentially unreliable claims from burdening the court system, allowing cases to be resolved more efficiently.

Understanding the Statute of Limitations and Why You Need to Contact a New Mexico Personal Injury Attorney

Understanding the statute of limitations for personal injury claims in New Mexico is crucial for injured individuals seeking compensation for their damages. The three-year time limit generally applies, but exceptions such as the discovery rule and the age of the injured party can impact the deadline. Additionally, when filing claims against governmental entities, the injured party must adhere to the 90-day tort claim notice requirement and the two-year statute of limitations. It is essential to consult with an experienced New Mexico personal injury attorney to ensure that all legal deadlines are met and to protect the injured party's rights during the litigation process. Failing to file a claim within the statute of limitations may result in the loss of the right to seek compensation for the injuries sustained.

Our dedicated New Mexico 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 check out my FREE eBOOK, Car Accident Cases Made Simple(r), where I discuss this topic and more.

One of the most frequently asked questions we get in our Roswell personal injury practice is how long is this going to take to resolve? When I (Jeremy) was in my car accident, I had the same question, so I understand why this question comes up so often. As with so many parts of the law, the answer is it depends. With that said, though, there are some general timelines that guide most cases. That timeline is best understood through understanding some of the various stages of a claim. 

While the duration can vary depending on the specifics of each case, I will try to provide a general overview of the stages involved in resolving a personal injury case in New Mexico. 

1. Investigation and Pre-Litigation Phase 

Before filing a lawsuit, a significant amount of time is spent investigating the case and negotiating with insurance companies. This phase involves gathering evidence, collecting medical records, interviewing witnesses, assessing liability, and determining the extent of damages. On average, this stage can take several weeks to a few months or longer, depending on the complexity of the case. It will also depend on factors such as whether liability is disputed and how long the medical treatment lasts. 

2. Filing a New Mexico Lawsuit and Discovery Phase 

If a settlement cannot be reached, we may file a lawsuit. This marks the formal beginning of the litigation process. The discovery phase follows, during which both parties exchange relevant information and evidence. In New Mexico, the duration of this phase can vary, but it often takes several months or longer, depending on the complexity of the case and court scheduling. 

3. Mediation, Negotiation, or Trial 

Following the discovery phase, parties typically engage in alternative dispute resolution methods such as mediation or negotiation. Mediation involves a neutral third-party facilitating negotiations, while negotiation involves direct communication and bargaining between attorneys. These processes can take a few weeks to several months, depending on the willingness of both parties to cooperate and the complexity of the case. If settlement negotiations fail, the case may proceed to trial. The trial process can vary in length, ranging from a few days to several weeks, depending on the complexity of the case and court availability. It's important to note that not all personal injury cases in New Mexico reach the trial stage, as many settle before reaching this point. 

4. New Mexico Case Resolution and Post-Trial Matters

After a trial, the judge or jury will render a verdict, determining the amount of compensation to be awarded if the injured party is successful. However, the opposing party has the option to appeal the decision. Appeals can prolong the resolution timeline by several months or even years, depending on the appellate court's schedule. 

Get the Help You Need From Our New Mexico Personal Injury Lawyer 

Resolving a personal injury case in New Mexico involves several stages, including investigation, pre-litigation, filing a lawsuit, discovery, alternative dispute resolution, trial, and potential appeals. The duration of each stage can vary depending on the complexity of the case and court scheduling. It's essential to consult with an experienced personal injury attorney in New Mexico who can provide more accurate estimates based on the specific circumstances of your case. Patience and collaboration with legal professionals are key to ensuring a fair resolution and receiving compensation for your damages and losses.

You could suffer severe injuries even if you are in a minor truck collision in Roswell or Southeast New Mexico. If you are considering filing a claim with the insurance company for the negligent trucker and trucking company, you may wonder how long it will take to settle your claim.

Unfortunately, there is no fixed timeframe for resolving a truck crash case. However, an experienced truck accident lawyer can explain the factors that can make it take longer to complete your settlement and help you receive all the compensation you deserve for your injuries under New Mexico law.

How Long Does It Take to Settle a Truck Crash Claim in New Mexico?

A truck collision claim where no one suffered any injuries and the damages to the vehicles are minor may be settled within a few months. However, most truck accident cases are more complicated. It can take months, a year, or longer for these claims to be resolved, especially if a lawsuit is filed and the case is litigated.

What Factors Can Make It Take Longer to Resolve a New Mexico Truck Accident Case?

Truck collision cases can take much longer to complete than car crash claims. Several factors can increase the time it will take for you to resolve your case. Understanding these factors can at least give you a sense of how long you will need to fight with the insurance company. Some common factors that prolong the resolution of these claims include the following.

Investigation Into the Cause of the Truck Crash

Determining the cause of a truck wreck can take longer than if only autos were involved in the collision. Violations of Federal Motor Carrier Safety Administration (FMCSA) regulations may have caused or contributed to the crash.

In addition, more parties could face liability for causing the truck accident. Potentially liable parties include:

• Truck driver
• Trucking company
• Shipping company
• Truck maintenance company
• Truck and parts manufacturing companies

It may take your attorney a long time to collect the evidence you need to prove how your truck crash occurred. They may need to hire expert witnesses, such as an accident reconstruction expert or an engineer, to help determine the cause of the collision.

Your Medical Improvement

Under New Mexico law, you are entitled to your past and future medical expenses, lost wages, and pain and suffering in your settlement. You cannot know your future damages until you recover fully from your injuries or recover as much as you can, and your doctor can give you a final prognosis. If you suffered multiple injuries—common in a truck wreck—it could take months or longer to reach this stage in your medical treatment.

Seriousness of Your Injuries

The value of your claim will be higher if you suffered long-term injuries, such as a traumatic brain injury, back or spinal injury, or internal organ damage. The insurance company will fight longer and harder to deny your claim, reduce the compensation they must pay you, and delay paying you if they know your claim’s value is high.

New Mexico Settlement Negotiations

Once the investigation into the cause of your truck accident has been completed, your lawyer would send the insurance company a demand letter outlining how their insured’s negligence caused the crash, the seriousness of your injuries, and the compensation you are seeking. The insurance adjuster would review the letter and most likely raise disputes about their liability or the damages you should receive.

Your lawyer and the insurance company could go through lengthy offers and counteroffers before settling your case. Depending on the disputes the insurance company raises, your attorney may need to collect additional evidence or hire expert witnesses to resolve them.

In addition, settlement negotiations can be prolonged when more than one party faces liability. It could take your lawyer longer to resolve multiple claims, and a settlement with one party may be contingent on a favorable settlement with another party.

Litigation

If the statute of limitations, which is the deadline you have to sue, will expire soon, or the insurance company refuses to offer you a fair settlement, your lawyer will need to file a lawsuit and litigate your claim. While your case will likely be settled before your jury trial date, litigation can significantly increase how long it takes to resolve it.

Contact a Roswell Truck Accident Lawyer Today

If you or a family member were injured in a truck collision in Roswell or Southeast New Mexico, our skilled truck accident lawyers are here to explain your options and fight for the damages you deserve. Call our Roswell office at 575-300-4000 or complete our online form today to schedule your free initial consultation today.