Frequently Asked Questions and Answers for Personal Injury Victims

It is natural to have questions about your accident, your rights, the legal process, and more after you or someone you love has suffered injuries because of someone else’s careless behavior. Find thoughtful, experienced answers from our dedicated legal team here. If you do not see the information you need, do not hesitate to reach out to us by phone or through our website!
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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.

  • 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.

     

  • 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. 

  • What Should a Personal Injury Victim do if the At-Fault Party’s Insurance Company Offers a Settlement?

    New Mexico personal injury insurance settlement offer

    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.

  • How is Fault Determined in a Personal Injury Case in New Mexico?

    Determining at fault in a New Mexico personal injury case with Roswell attorney

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

    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.

  • How Long Does it Take to Resolve My Personal Injury Case in New Mexico?

    Personal injury attorney in Roswell, New Mexico gavel and medical stethoscope

    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.