Here at The Injury and Disability Law Center, one of the first questions people ask us is:

“How much is this going to cost me?”

And the good news is: you don’t pay us anything upfront.

We work on something called a contingency fee.

What Is a Contingency Fee?

A contingency fee means that your attorney doesn’t charge you by the hour or ask for money up front. Instead, their payment is a percentage of the amount they recover for you — whether through a settlement or a trial verdict.

In other words:

We only get paid if you get paid.

If there is no recovery in your case, you owe us nothing for the time, effort, and legal work we put into it.

The percentage may vary depending on the complexity of the case or whether it goes to trial — sometimes increasing slightly if a lawsuit has to be filed and the case becomes more time-intensive. But you will always know the percentage up front, and it will be clearly outlined in the agreement before we begin working on your case.  

A one-third contingency fee (33.33%) is a standard fee in personal injury cases. 

Why is this important?

It allows you to hire a lawyer without taking on financial risk. You don’t have to wonder if you can afford legal help. You don’t have to come up with a retainer or worry about getting billed by the hour every time your lawyer picks up the phone or sends an email.

Instead, we’re partners in your recovery.

We only win when you win — and we’re motivated to get the best possible outcome for you.

Why Is This Good for You?

Contingency fees are designed to eliminate risk for you and align our goals with yours. Here’s why it works:

• No upfront costs

You don’t have to pay anything to get started. That means you can get quality legal representation regardless of your financial situation.

• We only get paid if you win

This puts the pressure on us, not you. We take on the risk so you don’t have to. If we don’t recover money for you, you owe us nothing for our time.

• Our interests are aligned

Because our fee is a percentage of your recovery, we’re motivated to get you the highest settlement or verdict possible.

When you do better, we do better.

• You get full access to a legal team

You get an experienced legal team working on your behalf — investigating the accident, handling the paperwork, negotiating with the insurance company — all with no hourly bills and no surprise fees.

What Does the Fee Cover?

At The Injury and Disability Law Center, our contingency fee covers all the legal work we do:

• Case investigation
• Gathering evidence and medical records
• Filing claims
• Negotiating with the insurance company
• Preparing for trial, if needed
• Getting the case to conclusion

And most importantly, this takes pressure off you and gives you peace of mind!

We also advance case costs, like expert fees or court filing costs, and those are only repaid if we recover money for you.

But What If I Don’t Win?

Then you owe us nothing.

No attorney fee. No costs to reimburse. No catch.

We believe in taking on the risk so you don’t have to.

Final Thoughts

Hiring a personal injury attorney shouldn’t add stress to your life — it should relieve it. A contingency fee allows you to focus on healing and getting your life back, while we handle the legal fight.

If you’ve been injured and you’re not sure what to do next, just reach out. There’s no pressure, no hidden fees, and no commitment to move forward. Just honest answers from people who care.

Before you get started, don’t miss our ten tips to prepare for a personal injury case in New Mexico — they’ll help you understand what to expect and how to make the most of your claim from the very beginning.

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 book, Car Accident Cases Made Simple(r), where I discuss this topic and more.  

And unfortunately, it’s a decision many people get wrong — not because they don’t care, but because they don’t know what to look for. The truth is, hiring the wrong lawyer can cost you — not just in dollars, but in peace of mind.

The Billboard Illusion

It’s easy to assume that the attorney with the biggest billboard or loudest commercial is the best. After all, if they can afford all that advertising, they must be good, right?

But big advertising doesn’t always mean big results — at least not for you. Many of these firms operate like machines: they take in a high volume of cases and spend very little time on them. Clients often get little face time, minimal communication, and no real sense of whether their attorney even knows their name.

At The Injury and Disability Law Center, we’ve seen it too many times: people come to us after starting with a big advertising firm and say, “I never even spoke to my lawyer.” Or, “No one ever explained what was happening with my case.” 

It’s not just frustrating — it’s disheartening. And frankly, it’s not the way this should work.

That is the number one complaint we hear from clients that contact us after starting with another firm.  They are frustrated with the communication. And that is why we work so hard to make sure you know: who is handling your case, what to expect with timing and frequency of communication, and clearly explaining your case valuations when that stage of the case arises.  

This Is More Than Just a Case

Let’s be clear: a personal injury case isn’t just paperwork. It’s your health. Your financial future. Your story. You need an attorney who sees it that way — someone who recognizes the human being behind the claim.

That’s exactly how we operate at The Injury and Disability Law Center. We don’t see people as “files” or “numbers.” We see you as a person going through a hard chapter. And we believe the way we treat you during that chapter matters just as much as the outcome of your case.

From the moment you contact us, we focus on your needs and the top ways to maximize your personal injury settlement — from thoroughly documenting your injuries to negotiating aggressively with insurance companies. Our approach is tailored to help you recover the full compensation you deserve.

What to Look for in the Right Attorney

When choosing a personal injury lawyer, you should feel comfortable asking tough questions. This is your case, and you deserve answers.

Here are a few questions we think everyone should ask:

• Will I actually speak to the attorney working on my case?
• What’s your process for keeping clients informed?
• How many cases do you handle at a time?
• What kind of support will I receive throughout my recovery?

If you don’t like the answers, keep looking. You should never feel rushed, dismissed, or like you’re bothering someone just by asking for updates.

What Makes The Injury and Disability Law Center Different

We’re not trying to be the biggest firm in New Mexico. We’re focused on being the right firm for the people we serve.

• We believe in relationships, not transactions. When you hire us, we get to know you. We take the time to understand what you’re going through and how your injury has changed your life.
• We communicate. We return phone calls. We check in. We make sure you understand what’s happening at every step. You won’t be left wondering what’s going on.
• We fight smart. We know the tactics insurance companies use to devalue claims, and we push back — hard — to get you the compensation you truly deserve.

But more than anything, we take your trust seriously. We know you’re placing your well-being in our hands, and that’s not something we ever take lightly.

You shouldn’t have to take our word for it — read our client reviews and testimonials to hear their stories firsthand.

Final Thoughts

Choosing the right personal injury lawyer isn’t just about credentials or commercials. It’s about fit. Do you trust them? Do you feel heard? Do they care?

At The Injury and Disability Law Center, we take pride in walking with our clients through one of the hardest seasons of their lives — and doing it with integrity, transparency, and real compassion.

You only get one shot at this case. Make sure you have the right person by your side.

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 book, Car Accident Cases Made Simple(r), where I discuss this topic and more. 

If you’ve recently received a letter from the Social Security Administration (SSA) about an overpayment, you’re not alone — and a major rule change just made it even more important to act quickly.

What Changed?

As of March 27, 2025, the SSA has ended its more lenient policy of recouping overpayments at a reduced rate. Previously, beneficiaries had 10% of their monthly check withheld if they were overpaid.

Now? The SSA will withhold 100% of your benefit until the overpayment is fully repaid — meaning you could temporarily receive no monthly check at all.

Key Takeaways

• Full withholding applies to overpayments issued after March 27, 2025.

• If you were already repaying an older overpayment, your 10% rate stays the same.

• SSI overpayments are still recovered at 10%.

What If You Can’t Afford Full Withholding?

You have options. If losing your full check would cause financial hardship, the SSA allows you to:

• Request a lower repayment rate by calling 1-800-772-1213 or visiting your local SSA office.

• Appeal the overpayment if you believe the amount is incorrect.

• Request a waiver if it wasn’t your fault and you can’t afford to pay it back.

SSA will wait 30 days (plus 5 for mail time) after sending the notice before beginning collections.

How to Avoid Future Overpayments

Social Security overpayments happen for a number of reasons — some avoidable, some not. But you can reduce your risk by:

• Reporting any changes to your income, marital status, or living situation promptly.

• Asking questions if you notice an unexpected increase in your benefits.

Even if the SSA makes the error, beneficiaries are still responsible for repayment under current law.

Why the Change?

This new policy is part of a larger SSA plan to reduce improper payments and recover over $7 billion in overpayments over the next decade. The agency reports that it made nearly $72 billion in improper payments between 2015 and 2022, with $23 billion still uncollected.

If you’ve been injured in a car accident, you might assume the insurance company will look at your medical bills, listen to your story, and come up with a fair settlement. Unfortunately, that’s not how it works.

Here’s the truth: insurance companies use software, not just people, to evaluate your claim. Programs like Colossus take your diagnosis codes, treatment history, and injury type, and calculate a number. That number usually has very little to do with how the injury has actually affected your life.  The software instead is designed to save the insurance company money by focusing on a few key pieces of information. 

The software looks at things like:

• What kind of doctors you saw

• How quickly you got treatment

• How long you treated

• Whether you had X-rays or MRIs

• Whether your injury shows up in objective findings

• Whether you were transported by ambulance

And if the software doesn’t like what it sees — or there are gaps or delays in care — it spits out a lower value.

The Insurance Company Will Also Try to Blame You

Another tactic they use is to argue that you were partially at fault for the crash. Under New Mexico’s comparative fault system, they can reduce your compensation by whatever percentage they say was your fault — even if it’s small.

Some common arguments we see:

• You were speeding

• You didn’t use a turn signal

• You “slammed on the brakes”

• You weren’t paying attention

• You made a bad lane change

• You could have avoided the accident

Even without solid evidence, they’ll try arguing comparative fault on you — because it saves them money.

Check out my article here for a more detailed explanation of comparative fault.

What Actually Makes a Difference In Your Claim

To get full value for your claim, we primarily focus on:

• Consistent medical care and documentation

• Objective findings like imaging or specialist evaluations

• Permanent impairment or long-term limitations

• Clear evidence that the other driver caused the crash

And if their software undervalues your case? That’s when we negotiate, apply pressure, and use the most beneficial combination of facts and New Mexico law to your advantage.  Our understanding of how insurance companies (and their software) value cases allows us to craft our arguments and positions to those items which add the most value to your claim. 

This is a key reason why it is important to have an attorney helping you.  If an insurance company uses these tactics against you and you do not have an attorney, then you’ll be forced to take their low ball offers.  

A Few Tips To Protect Your Claim

If you’re in treatment now, or helping someone who is, here’s what helps:

• Get medical treatment as soon as possible after the crash — delays can hurt your health and your claim

• Keep every appointment and follow your doctor’s advice

• Don’t minimize your symptoms — speak up so it’s properly documented

• Let us know how the injury is affecting your work, family, or routine

• Avoid talking to the other driver’s insurance — they’re not calling to help you

We know their system — and we’ve built one of our own to make sure you’re not undervalued or overlooked.

Need help? Have questions?

If you’ve been hurt in a car accident and aren’t sure what your next step should be, feel free to contact us.

Our dedicated personal injury team at The Injury and Disability Law Center is here to help. Call our office at 575-300-4000, start a chat, or fill out our online form to schedule your free initial consultation today. 

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

Introduction: Why This Guide Matters

As a personal injury attorney in New Mexico, I’ve represented many families whose children have been injured due to car accidents, falls, medical malpractice, and defective products. Parents often feel overwhelmed, unsure of what steps to take, and concerned about how to protect their child’s future. 

This guide is designed to walk you through everything you need to know about personal injury claims involving minors in New Mexico. From filing the claim to managing settlement funds, I’ll cover the most important aspects of handling a child’s injury case the right way.

In New Mexico, a minor is anyone under the age of 18. This means that individuals under 18 years old cannot legally enter contracts, file lawsuits on their own, or make binding legal decisions—hence why parents or legal guardians must handle personal injury claims on their behalf.

Chapter 1: How Common Are Accidents Involving Minors in New Mexico?

Children are injured every day due to negligence, defective products, or reckless drivers. Unfortunately, car accidents are one of the leading causes of injuries and fatalities for minors in New Mexico. These accidents result in thousands of injuries each year, many of which are severe and life-altering. Understanding the risks and statistics surrounding these incidents helps illustrate why legal protections for minors are essential.

Car Accidents Involving Minors

• In 2021, there were 3,121 car crashes involving minors in New Mexico, resulting in nearly 600 serious injuries.

• The state has one of the highest teen driver fatality rates in the U.S., with 9.66 deaths per 10,000 licensed teens—almost double the national average. 

• Motor vehicle crashes are the leading cause of death for teenagers in the United States, according to the National Highway Traffic Safety Administration (NHTSA).

Many of these accidents are caused by inexperience, distracted driving, and speeding. Teens are more likely than adults to underestimate dangerous situations, making them particularly vulnerable to accidents. Studies have shown that the first year of independent driving is the most dangerous for teen drivers, making proper education and parental oversight critical.

The 100 Deadliest Days for Teen Drivers

One particularly dangerous period for young drivers is the time between Memorial Day and Labor Day, commonly known as the 100 Deadliest Days. During these summer months, teen crash fatalities increase by 21% due to more unsupervised driving, higher speeds, and distractions such as cell phone use.

• The summer months see a spike in fatal crashes involving teen drivers.

• More than 50% of teen crashes during this period are due to speeding and driver distraction.

• Nighttime driving is particularly risky, with fatal crash rates nearly three times higher at night for teens than during daylight hours.

New Mexico is no exception to this trend. The highest number of fatal teen driver crashes in the state occur between June and August. Parents should take extra precautions during these months by limiting unsupervised driving, setting clear safety rules, and ensuring their teens understand the dangers of distracted driving.

Pedestrian and Bicycle Accidents Involving Minors

While vehicle accidents involving minors are the most common, children are also at significant risk when walking or biking near roadways. 

• The New Mexico Department of Health reports that child pedestrian deaths remain alarmingly high, with a fatality rate of 5.8 per 100,000 children under 17. 

• Children under the age of 14 account for nearly 20% of all pedestrian injuries in traffic accidents.

• Distracted driving contributes to 1 in 5 pedestrian-related crashes, making school zones and residential areas particularly hazardous for minors.

Why These Statistics Matter

Understanding the risks children face is critical in recognizing when legal action may be necessary. If your child has been injured due to someone else’s negligence—whether in a car accident, as a pedestrian, or in another incident—it is crucial that their family understands their rights and how to pursue fair compensation. Holding negligent parties accountable can provide financial relief and ensure future safety measures are implemented.

Chapter 2: How Personal Injury Claims Work for Minors

Filing a personal injury claim for a minor is different from filing a claim for an adult. Since minors cannot legally represent themselves, their parent or legal guardian must act on their behalf throughout the claims process. This process involves several important steps, from gathering evidence to working with an attorney and ensuring the claim is handled correctly.

Step 1: The Parent’s Role in Filing a Claim

When a child is injured due to someone else’s negligence, the parent or guardian takes on a vital role in securing compensation for their child’s medical bills, pain and suffering, and long-term needs. The first step in the process is consulting with an experienced personal injury attorney who understands the legal protections available for minors in New Mexico.

One of the most important responsibilities of the parent is ensuring that the child receives proper and timely medical treatment. Minors, especially young children, may not be able to clearly communicate their pain or symptoms. Older children and teenagers may downplay their injuries or resist seeking medical attention because they don’t realize the severity of their condition. Parents must be proactive in ensuring their child:

• Receives immediate medical evaluation after an accident, even if injuries don’t seem severe at first.

• Attends follow-up appointments to monitor for delayed symptoms or long-term issues.

• Undergoes necessary diagnostic tests such as X-rays or MRIs to rule out hidden injuries.

• Follows prescribed treatments and rehabilitation to prevent complications.

Medical documentation is also critical in personal injury claims. Delaying treatment can hurt a child’s health and weaken their legal case, as insurance companies often argue that gaps in care suggest the injury wasn’t serious.

Step 2: Investigating the Claim and Building a Case

Once a claim is filed, the attorney will begin investigating the circumstances surrounding the accident and compiling evidence to strengthen the case. This may include:

• Reviewing police reports and medical records to establish the severity of the injury.

• Interviewing witnesses who saw the accident occur.

• Obtaining surveillance footage if available.

• Consulting with accident reconstruction experts to determine liability.

• Calculating damages to ensure all current and future costs are considered.

• Evaluating insurance coverage to identify all possible sources of compensation.

Parents will work closely with the attorney during this phase to provide any additional details about the accident and the child’s recovery. This collaboration ensures the case is as strong as possible before negotiations begin.

Step 3: Negotiating a Settlement

Once liability is established and damages are calculated, the attorney will work with the responsible party’s insurance company to negotiate and secure a fair settlement. This is a critical phase where having an experienced attorney is essential, as insurance companies often try to minimize payouts. The attorney will handle negotiations on behalf of the child, ensuring that their rights and future needs are prioritized. 

A settlement should account for:

• Medical expenses (including future medical care and rehabilitation.

• Pain and suffering caused by the injury.

• Loss of enjoyment of life if the injury has lasting effects.

• Potential long-term disability costs.

• Emotional distress and trauma from the accident.

While the attorney leads negotiations, they will continuously communicate with the parents to ensure any settlement offer aligns with the child's best interests. Parents play a crucial role in reviewing and approving settlement terms, but final approval often requires court oversight, as settlements involving minors must be reviewed and approved by a judge to ensure they are fair and adequate.

If a fair settlement cannot be reached through negotiations, the case may need to go to court. In this situation, the attorney will prepare for litigation and represent the child’s interests in court proceedings. However, most cases involving minors are settled outside of court, as insurance companies prefer to avoid the risk of a trial verdict.

Chapter 3: The Role of the Court & Guardian ad Litem

Once a settlement is reached in a minor’s personal injury case, court approval is required (with very few exceptions) to finalize the agreement. This is a key step that ensures the settlement is truly in the child’s best interest and is not unfairly influenced by parents, attorneys, or insurance companies. To assist in this process, the court appoints a Guardian ad Litem (GAL)—a neutral third party, usually an attorney, who evaluates the settlement and provides an independent recommendation to the judge.

Why Is Court Approval Required?

New Mexico law recognizes that minors cannot make legal or financial decisions for themselves. Because of this, any settlement or verdict involving a minor must be reviewed to confirm that:

• The settlement amount is fair and adequate based on the severity of the injury and future needs.

• The funds are properly protected so they are available for the child’s benefit when needed.

• The settlement is free from undue influence by parents, attorneys, or outside parties.

• The child’s best interests are prioritized over any other considerations.

• The family is legally protected—court approval ensures that the child cannot later file a lawsuit against their parents claiming they mishandled their settlement.

Without court approval, a settlement involving a minor is not legally enforceable and may be subject to challenges later.

The Role of the Guardian ad Litem (GAL)

A Guardian ad Litem (GAL) is an independent attorney appointed by the court to protect the child’s interests during the settlement approval process. The GAL does not represent the parents or the defendant—they act solely on behalf of the child.

The GAL’s responsibilities include:

• Reviewing the settlement terms to ensure fairness.

• Examining medical records and expenses to confirm that future medical needs are considered.

• Assessing the proposed method for managing the settlement funds, ensuring they are safeguarded.

• Interviewing the child (if appropriate) and parents to understand their concerns and expectations.

• Submitting a written recommendation to the court, either supporting or objecting to the settlement.

As part of the review process, the GAL will speak to you as the parents to fully understand the child’s injuries, treatment, and recovery. They will also ask any for any other information you may be able to provide to support the review of the settlement terms. 

In most cases, if the GAL supports the settlement and the judge finds it reasonable, the court will approve the agreement. However, if the GAL believes the settlement is inadequate, they may recommend changes or request a hearing before the judge.

What Happens in a Court Hearing for Settlement Approval?

With very rare exception, minor settlements require a formal hearing. If a hearing is scheduled, the judge will review the settlement terms and consider the GAL’s recommendation. The process typically includes:

1. Testimony from the parents or guardians, explaining why they believe the settlement is in the child’s best interest.

2. The Guardian ad Litem’s report, summarizing their findings and recommendations.

3. A review of medical records and future expenses to ensure the compensation is sufficient.

4. A discussion on how the funds will be managed, such as whether they will be placed in a trust or structured settlement.

5. Final approval by the judge, making the settlement legally binding and ensuring future legal protection for both the child and the parents.

How the Attorney Helps Prepare for the Hearing

Many parents are unfamiliar with the court approval process, which can cause stress or uncertainty. As your attorney, I will:

• Explain what to expect in the court hearing and ensure you feel prepared.

• Help gather necessary documents, such as medical records, settlement agreements, and financial arrangements for the funds.

• Work closely with the Guardian ad Litem, addressing any concerns before the hearing.

• Represent your child’s interests in court and advocate for the settlement’s approval.

This preparation ensures that the process moves smoothly, reducing delays and ensuring the settlement is finalized as efficiently as possible.

Who Pays for the Guardian ad Litem?

One common question parents have is who is responsible for covering the cost of the Guardian ad Litem (GAL). In most cases, the insurance company pays for the GAL's fees, and it does not come out of the minor’s settlement. This ensures that the GAL is compensated without reducing the funds that are meant to support the child’s future medical care and needs.

How Are Settlement Funds Protected?

Since minors cannot manage their own finances, the court will require that the funds be protected in one of several ways. The most common options include:

• Structured Settlements: The funds are placed into an annuity, which distributes payments over time (often beginning when the child turns 18 or 21). This approach provides financial security and prevents the child from spending the entire settlement at once. Additionally, structured settlements can be customized to provide payments at key milestones in the child’s life, such as turning 18, starting college, or reaching adulthood milestones.

• Restricted Accounts: The money is deposited into a court-supervised account, and withdrawals can only be made with court approval. This ensures that the funds are preserved until the child reaches adulthood, but parents or guardians can request access to cover essential expenses, such as ongoing medical treatment, therapy, or necessary educational costs. Any withdrawals must be approved by the court, providing an added layer of financial protection.

• Special Needs Trusts: If the child has a long-term disability, funds may be placed into a trust to ensure ongoing support without affecting eligibility for government benefits. A Special Needs Trust is particularly important for children who may require lifelong medical care, specialized equipment, or assistance with daily living activities. These trusts are managed by a trustee, who ensures that funds are used responsibly while maintaining the child’s access to Medicaid, Supplemental Security Income (SSI), or other vital support programs.

Each of these options helps ensure that the settlement funds are used exclusively for the benefit of the child and are not mismanaged or spent prematurely. The court will evaluate the best option based on the child’s specific needs and future financial requirements. In many cases, a combination of these methods may be used to provide the child with both long-term financial security and access to funds for immediate needs.

Additionally, parents should understand that once a settlement is finalized, they cannot access or redirect the funds for personal use. If they need to request a withdrawal for the child’s benefit, they will need to go through a formal legal process to justify the necessity of the expense. Courts take the protection of minor settlement funds seriously to prevent misuse and ensure that the child’s financial future is secure.

Chapter 4: One Key Difference—Minor Claims Take Longer

One important distinction between personal injury claims for minors and those for adults is that minor claims take longer to resolve. This is primarily due to the extra layer of court oversight and legal protections that are designed to ensure the settlement is fair and serves the child’s long-term best interests. While this additional time can be frustrating for families eager to move forward, it is a necessary step to prevent potential misuse of settlement funds and ensure that compensation adequately addresses the child’s medical and future needs.

Why Do Minor Claims Take Longer?

Several factors contribute to the longer timeline of a minor’s personal injury claim:

• Court Approval Process – As discussed in the previous chapter, all settlements involving minors must be reviewed and approved by a judge. This process requires additional legal filings, hearings, and sometimes modifications to ensure the settlement is fair.

• Appointment of a Guardian ad Litem (GAL) – The GAL’s review of the case and recommendation to the court can take several weeks to months, depending on court availability and complexity.

• Structured Settlements or Trusts – If a structured settlement or trust is involved, additional financial planning is needed to properly allocate and protect the funds.

• Extended Negotiations – Since minors are entitled to long-term financial security, attorneys often spend more time negotiating settlements to ensure future medical expenses, therapy, and potential complications are adequately covered.

• Medical Uncertainty – In many cases, the full extent of a child’s injuries may not be immediately apparent. Doctors may need time to determine whether additional treatments, surgeries, or long-term care will be necessary, which can delay settlement negotiations.

• Court Scheduling Delays – The legal system can be slow, particularly if a case is in a backlogged court district. The timeline for securing a judge’s approval varies depending on local court availability.

How Much Longer Do Minor Claims Take Compared to Adult Claims?

While every case is unique, minor claims typically take an extra few months to a year longer than similar claims involving adults. A standard personal injury claim for an adult might resolve within 6 to 12 months, whereas a minor’s claim could take 12 to 24 months, depending on the complexity of the case and the severity of the injuries.

In cases involving catastrophic injuries or lifelong disabilities, settlements can take even longer because medical experts, financial planners, and legal professionals must work together to ensure that the child’s long-term needs are met.

What Can Parents Do to Keep the Process Moving?

Although the legal process has unavoidable delays, parents can take steps to help keep things on track:

• Stay on top of medical treatment – Make sure your child attends all necessary doctor visits, therapy sessions, and medical evaluations. Delayed treatment can slow down the legal process.

• Maintain clear communication with your attorney – Promptly provide any requested documents, updates on your child’s condition, and respond to legal inquiries in a timely manner.

• Be patient with the Guardian ad Litem process – The GAL’s review is a crucial step, and cooperating with them ensures a smoother approval process.

• Prepare for the court hearing in advance – Your attorney will guide you through what to expect but being organized and proactive can help avoid unnecessary delays.

By following these steps, parents can help ensure that the legal process moves as smoothly as possible, reducing delays and expediting the settlement process.

Chapter 5: A Few Other Important Notes

The Complexity of the Injuries Affects the Process

The severity of a minor’s injuries directly impacts how complex the claims process will be. If the injuries are relatively minor and straightforward, the process tends to be simpler, with fewer complications in reaching a fair settlement and obtaining court approval. However, the more significant and life-altering the injuries, the more complex the settlement and minor approval process becomes.

For cases involving severe injuries, long-term disabilities, or future medical needs, additional steps may be necessary, such as:

• Medical expert testimony to establish long-term care costs and rehabilitation needs.

• Financial planning considerations to ensure the funds last throughout the child's lifetime.

• Special Needs Trusts or structured settlements for minors with disabilities to protect their access to essential benefits.

• More detailed court scrutiny to confirm that the settlement fully accounts for future medical expenses, lost earning potential, and quality of life concerns.

In short, while minor injury claims can often be resolved efficiently, more serious injuries require additional time, resources, and legal expertise to secure the best possible outcome for the child’s future.

What Happens If You Are Also Involved in the Same Accident as Your Child?

In many cases, a parent or guardian is also involved in the same accident that injured their child. When this happens, it's important to understand that each individual has a separate personal injury claim even if injured in the same accident. Your claim and your child’s claim will follow the same legal process at the same time, but your child's case will have an additional step—court approval of their settlement.

This means:

• Your case and your child's case will be handled together but will be considered legally separate.

• Your settlement will not require court approval, but your child’s will.

• In some situations, your settlement funds could be delayed while the attorney ensures that all necessary court procedures for your child’s claim are completed.

While this extra step may slightly slow the process, it is essential to ensure your child’s financial future is properly secured and that their settlement follows all legal requirements.

How a Minor’s Age Affects Their Involvement in the Process

Depending on the age of the minor, they may have a role in deciding how their settlement funds are set up and protected. While younger children typically have their funds placed in structured settlements or restricted accounts without their input, older minors—particularly teenagers—may have some say in how the money is used.

For example, in some cases, a portion of the settlement funds may be set aside for specific needs, such as:

• A vehicle to assist with school, work, or daily activities. Don’t worry, the court has final say, even if your child requests a Lamborghini!

• A computer for education or other school-related expenses.

• College savings, ensuring the funds are used to support their future.

Additionally, older minors may also be involved in court proceedings, including possibly giving testimony at the settlement hearing. Judges often take their input into account when determining the best way to structure the settlement, ensuring that the funds serve their immediate and long-term needs appropriately.

What Happens If a Minor Turns 18 During The Claims Process?

If the case is still ongoing when the minor becomes a legal adult, they gain full legal control over their claim. This means they can make decisions about settlement, fund distribution, and any legal proceedings without needing court approval. They would not need a GAL or court approval in that situation.  In fact, there have been times where we determined it was more expedient to let the child turn 18 than go through the court approval process.

Chapter 6: Final Thoughts—Protecting Your Child’s Future

Pursuing a personal injury claim on behalf of a minor is a complex but necessary process to ensure they receive proper compensation and financial security after an accident. While the legal system imposes extra steps for minor settlements, these protections are in place to safeguard the child’s future and ensure fair compensation.

Key Takeaways for Parents

As a parent or guardian, your role is critical in guiding your child through the claims process and making decisions that will impact their future. Here are some key points to remember:

• Timely medical treatment is crucial – Delays in seeking medical care can hurt both your child’s health and their claim.

• Court approval is required – This ensures that the settlement is fair, funds are protected, and your child’s best interests are prioritized.

• Your attorney is your best resource – Working with an experienced personal injury attorney ensures the legal process is handled correctly and efficiently.

• Funds are safeguarded for your child’s future – Whether through structured settlements, trusts, or restricted accounts, the court ensures the compensation is used appropriately.

Why Working with an Attorney Matters

The legal process surrounding personal injury claims for minors is not something parents should handle alone. An experienced attorney:

• Negotiates with insurance companies to ensure maximum compensation.

• Guides families through the court approval process, minimizing delays and confusion.

• Works with financial planners to structure settlements in a way that benefits the child.

• Provides legal protection for parents, ensuring they fulfill their duties lawfully and effectively.

Securing Your Child’s Financial Future

Beyond the legal process, securing a child’s financial future is an essential part of the settlement process. A well-managed settlement can:

• Cover future medical expenses and ongoing care.

• Provide educational opportunities by funding college tuition or vocational training.

• Ensure long-term security, especially if the child has lasting injuries or disabilities.

Parents should work closely with their attorney and financial professionals to establish the best financial plan for their child while following all court requirements.

Final Words of Advice

While the process of settling a minor’s personal injury claim can be time-consuming and complex, it is ultimately about ensuring your child’s well-being and financial security. Taking the right legal steps now can prevent problems in the future and provide peace of mind that your child’s needs will be met.

If your child has been injured due to someone else’s negligence, don’t navigate this process alone. Reach out to an experienced personal injury attorney who can guide you through the legal system and fight for your child’s rights.

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 contact form. 

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

Leadership Changes and Their Potential Benefits

In January 2025, President Trump nominated Frank Bisignano, CEO of Fiserv, to serve as Commissioner of the SSA. Bisignano's extensive experience in financial services and technology suggests a commitment to modernization and operational efficiency within the SSA. His background in streamlining operations could translate into a more responsive and effective system for SSDI beneficiaries, with improvements in digital services and claim processing times.

Before Bisignano's confirmation, Michelle King served as the acting SSA Commissioner. While her tenure was marked by concerns over data privacy, her departure has paved the way for new leadership focused on enhancing security while also improving service delivery. Leland Dudek, who now serves as acting Commissioner, brings expertise in fraud prevention, ensuring that resources are allocated efficiently while maintaining integrity in the program.

Efforts to Reduce Overpayments and Strengthen Trust

Elon Musk, as head of DOGE, has emphasized the need to address inefficiencies in government programs, including Social Security. One area of focus is reducing improper payments, which, while a small percentage of total benefits, still amount to significant financial waste. By leveraging advanced data analytics and modernized tracking systems, the SSA under this administration aims to improve accuracy in benefit distribution while safeguarding funds for those who need them most.

Although claims of widespread fraud have been debated, the administration’s focus on updating outdated data systems presents an opportunity to enhance transparency and trust in the SSA. Strengthening these systems can help prevent errors, ensuring that beneficiaries receive their payments in a timely and accurate manner.

Potential Improvements for SSDI Beneficiaries

The administration’s push for efficiency and modernization could lead to several positive outcomes for SSDI recipients:

1. Faster Claims Processing: Leveraging new technologies, the SSA may significantly reduce wait times for disability claims, allowing beneficiaries to receive assistance more quickly.

2. Enhanced Digital Services: A shift toward online and automated services could make it easier for individuals to apply for and manage their benefits without requiring in-person visits.

3. Improved Fraud Detection: By refining fraud prevention measures, the administration can ensure that resources are directed to those who genuinely need them, reducing potential misuse of funds.

4. Better Resource Allocation: Modernized systems could enable SSA offices to operate more effectively, ensuring that beneficiaries experience improved customer service and support.

Potential Negative Consequences

While the changes introduced by the new administration present opportunities for modernization, there are potential drawbacks to consider. A stronger emphasis on fraud prevention and efficiency could lead to stricter eligibility requirements, which may result in some legitimate beneficiaries facing increased scrutiny or difficulty in accessing their benefits. Additionally, a push for digital transformation may inadvertently create accessibility challenges for individuals with disabilities who rely on traditional methods of interaction with the SSA. If office closures or staff reductions are part of efficiency measures, it could further limit access to critical services, particularly for those in rural or underserved areas.

Balancing Innovation with Accessibility

While technology-driven improvements can increase efficiency, it is crucial to ensure that all beneficiaries, including those with disabilities or limited access to technology, continue to receive the support they need. The administration's approach must balance innovation with accessibility, ensuring that new digital initiatives complement rather than replace essential in-person services.

By engaging with stakeholders, including disability advocacy groups and SSA employees, the administration can refine its modernization efforts to be both effective and inclusive. Transparent communication about reforms and their intended benefits will help build trust and confidence in the system.

Conclusion

The new administration’s approach to managing the SSA presents an opportunity for meaningful improvements. By modernizing outdated systems, reducing inefficiencies, and streamlining operations, the SSA can better serve SSDI beneficiaries while maintaining program integrity. Thoughtful implementation of these initiatives, with a focus on accessibility and fairness, can create a stronger, more resilient Social Security system for the future.

Social Security Disability Is a Federal Program

The Social Security Administration (SSA) operates at the federal level, meaning that disability cases are decided based on national laws, not state laws. Whether you are in New York, California, Texas, or anywhere in between, the standards for determining disability remain the same. This allows attorneys like me, who specialize in Social Security disability, to take cases from any state without needing to be licensed in that specific jurisdiction.  

Representation Without Geographic Limits

Unlike other types of legal proceedings that may require in-person appearances in state courts, Social Security disability claims are largely handled through written records, electronic submissions, and phone or video hearings. In fact, since the COVID-19 pandemic, the SSA has increasingly relied on telephonic and online video hearings to process claims efficiently. This shift allows me to represent clients effectively, no matter their location.

The Administrative Law Judge (ALJ) Process

If a disability claim is denied at the initial level and reconsideration, the next step is a hearing before an Administrative Law Judge (ALJ). These hearings take place in one of three ways: in person, by telephone, and by video conferencing.  The overwhelming majority of our hearings are conducted by telephone.  If we have a client that we feel like needs to be seen by the judge, we will request a video hearing. We rarely have in person hearings, because they take much longer to get set and they are more stressful on our clients.

Experience Matters More Than Location

While some clients may feel more comfortable with an attorney in their home state, what matters most is the attorney and his staff’s experience and track record in handling Social Security disability cases. A skilled attorney and his team who understands the intricacies of the SSA’s rules and procedures can make a significant difference in the outcome of a case, regardless of where they or their client are located.  

How I Effectively Handle Cases Nationwide

Even though I may not be physically in the same city or state as my clients, I use technology to provide top-notch representation:  

• Electronic File Management: I securely manage case files and submit necessary documents electronically to the SSA.  

• My team and I use all available technology to maintain regular communication with our clients.  We connect via phone, text, email, and Zoom depending on their preference.    

• National Network of Resources: I work with local medical providers and SSA offices nationwide to build strong cases.  

Getting the Help You Need, No Matter Where You Live

If you need help with your Social Security disability claim, don’t let distance stop you from seeking the best legal representation possible. Because SSDI and SSI cases follow federal law, I can effectively represent you no matter where you live. Whether you live 1 mile or 2,000 miles from my office, I will represent you the same way.  My goal is to navigate the complex disability process for you and fight for the benefits you deserve.  

If you have questions or need assistance with your claim, feel free to contact us—I’m here to help, no matter where you are in the United States.  

In this video, you'll learn:

• What information you need to gather before applying, including medical and work history

• Discussions/explanations of some of the most important questions on the application

• The significance of your disability onset date and how to choose it correctly

• Common mistakes that lead to denials and how to avoid them

• How to complete and submit your application efficiently

• What to expect after filing, including possible follow-up requests and next steps

We offer a free PDF guide to completing an SSD application that goes with this video, which you will want to download before getting started.

This guide serves as a supplement to the video, breaking down the most important points to ensure you have everything you need to get started. By following this step-by-step process, you can improve your chances of submitting a strong application and avoiding unnecessary delays.

Who Should Watch This Video

This video is designed for anyone considering applying for Social Security Disability benefits, whether you’re filing for the first time or have already been denied and are looking for guidance. You may find this video particularly helpful if:

• You are unable to work due to a serious medical condition

• You are considering filing for SSD or SSI but don’t know where to start

• You’ve heard that the process is complicated and want to avoid mistakes

• You’ve already applied but are worried about potential errors or inconsistencies

• You want to understand the process in detail so you can improve your chances of approval

• You are assisting a loved one in applying for disability benefits

By watching this video and following along with the guide, you can gain valuable insights that will help you prepare a strong application and avoid unnecessary delays.

Why This Guide and Video Are Important

Filing for Social Security Disability (SSD) benefits isn’t as simple as filling out a form. Many claimants unknowingly provide information that can negatively impact their case. A small mistake or inconsistency can lead to a denial, causing months or even years of delay. 

Relying on over 20 years of experience handling Social Security Disability claims, attorney Josh Worley created this guide and video to help you:

• Understand the application process from start to finish

• Avoid common mistakes and pitfalls that can lead to denial

• Learn how to properly document your medical conditions

• Ensure your application is as strong as possible

Key Steps to Applying for Social Security Disability Benefits

1. Create a Social Security Account

Before you begin, you need to set up an online account with the Social Security Administration (SSA) at ssa.gov. This allows you to save your progress and return to your application if needed. Having an account also makes it easier to track your claim and receive important updates.

2. Gather Necessary Information

To complete your application, you’ll need details about your:

• Medical conditions and treatment history

• Doctors, hospitals, and clinics where you’ve received care

• Medications and medical tests

• Work history for the past five years

• Any workers’ compensation or other benefits you may receive

Having this information prepared in advance will make the process faster and help you avoid unnecessary delays. Missing or inaccurate information can result in delays or denials.

3. Provide Accurate and Honest Information

Accuracy is critical. Double-check details like doctors' addresses and phone numbers. Inaccurate information can cause delays. Additionally, be honest about your work history and medical conditions—exaggerations or inconsistencies can harm your credibility. Social Security will verify your information, and discrepancies can weaken your claim.

4. Determine Your Disability Onset Date

The onset date is the day you became unable to work due to your medical condition. This date should align with your medical records. If you stopped working months before seeing a doctor, use the date when you had documented medical evidence of your condition. Keep in mind that Social Security only pays retroactive benefits for up to one year before the application date, so choosing a date years in the past may not benefit you.

5. Understand the Difference Between SSD and SSI

Social Security offers two disability programs:

• Social Security Disability (SSD): Based on your work history and contributions to Social Security.

• Supplemental Security Income (SSI): A needs-based program for individuals with low income and resources.

If you're unsure which program applies to you, check the box indicating that you’d like to apply for both. Social Security will determine your eligibility. If your income and assets exceed certain limits, you may not qualify for SSI, but it’s worth checking.

6. Be Prepared for Additional Forms

After submitting your application, you may receive additional forms, including:

• Work History Report: Details about your past jobs.

• Function Report: Information on how your condition affects your daily life.

• Third-Party Function Report: A form sent to someone who knows you well (optional—be cautious about whom you list).

These forms help Social Security assess the severity of your condition and how it impacts your ability to work. Be thorough and consistent when completing them.

7. Monitor Deadlines and Appeals

If your claim is denied, don’t give up. You have 60 days to file an appeal. Many people are initially denied but win their case on appeal. If needed, our firm can assist you at this stage. Filing your appeal on time is crucial to keeping your case active. The appeals process can take several months or even years, so persistence is key.

8. Know What to Expect After Applying

Once you submit your application, Social Security may:

• Request additional medical records

• Schedule a consultative medical exam

• Ask for more details about your work history

A decision typically takes between two to six months. If denied, don’t panic—many strong cases are initially denied and later approved through appeals. Be prepared for the long process and keep track of your claim status.

Common Mistakes to Avoid

1. Exaggerating or downplaying your condition – Your statements must match your medical records.

2. Being inconsistent across forms – Ensure all details remain the same across different forms.

3. Missing deadlines – Not filing an appeal within 60 days can end your claim.

4. Choosing an incorrect onset date – Pick a date that aligns with medical documentation.

5. Failing to track your application – Keep your re-entry number so you don’t lose progress.

6. Not listing all medical conditions – Include every condition, even minor ones like high blood pressure or anxiety.

7. Failing to describe daily struggles – Use the remarks section to explain how your condition affects daily life.

8. Ignoring follow-up requests – If Social Security asks for additional documentation, provide it as soon as possible.

9. Not requesting help when needed – If you're unsure about something, reach out for assistance.

What If You Need Help Filing for Disability?

Applying for disability benefits is challenging, and statistics show that claimants with attorneys are three times more likely to be approved than those who apply on their own. 

If you feel overwhelmed or want assistance, you are not alone.  We have helped over a thousand individuals all over the country with their disability claims.  We are happy to help you as well!

Contact us today at 575-300-4000 to schedule your FREE consultation or fill out our contact form.

That might sound like an exaggeration, but this is exactly what a Government Accountability Office (GAO) report found.

So, what is that one thing?  Hiring a Social Security disability attorney.  

I get it… you may be thinking, but you are a Social Security disability attorney, so of course you are going to say that.  Fair enough!  But I’m going to explain how this governmental study confirmed what we have seen to be true in over 20 years of representing Social Security disability claimants – that the single most important thing you can do to help your chances of getting approved for disability benefits is to hire an attorney to help you. 

Here’s What the GAO Found

What is the GAO?  That is important to understand the significance of the study’s findings.  

The GAO is the U.S. Government Accountability Office.  According to the official GAO website, the GAO is an “independent, non-partisan agency that works for Congress….GAO provides Congress, the heads of executive agencies, and the public with timely, fact-based, non-partisan information that can be used to improve government and save taxpayers billions of dollars.”

Independent.  Fact Based.  Non-Partisan.  That is what makes this study reliable and important for disability applicants. 

This GAO study on Social Security disability analyzed Social Security Administration data on adult disability decisions made by administrative law judges.  Specifically, the GAO looked at disability appeals and found a significant difference in success rates depending on whether claimants had an attorney. Here is what they found:

Disability claimants with legal representation were almost three times more likely to get their benefits approved than those who did not have representation.

Think about that. Hiring an attorney could be the difference between getting the benefits you need and facing another frustrating denial.

Worried About Cost? Here’s the Good News

Maybe you are convinced of the importance and value of an attorney, but you are worried about the cost. You are not alone. One of the biggest concerns people have about hiring an attorney is the cost. But when it comes to Social Security Disability cases, there’s good news: you only pay if we win. 

Most disability attorneys, including our firm, work on a contingency fee basis. That means we don’t get paid unless you do. There’s no upfront cost, and our fees are regulated by Social Security, so there are no surprises. I have written an article on attorney fees in Social Security cases here that you might find helpful.

Why Having an Attorney Matters

So, why is there such a big difference when you have an attorney? Well, the Social Security Disability process can be complex. It’s loaded with rules, paperwork, and technicalities that can trip up even the most determined person. But attorneys who specialize in disability claims know exactly how to handle and navigate all of that. 

Here’s why having an attorney improves your chances:

1. They know the system: A disability attorney understands the ins and outs of Social Security law and how to present your case in the best possible way.
2. They’re familiar with how judges evaluate claims:  A disability attorney understands what judges put the most value on, and what the pitfalls are in cases that are known to be damaging to claimants’ cases. 
3. They manage everything: From gathering medical evidence to meeting deadlines, an attorney keeps your case on track and avoids mistakes that could hurt your chances.
4. They ease your burden: Navigating this process can feel overwhelming, especially when you're dealing with health issues. With an attorney, you don’t have to carry the weight alone. We handle the tough stuff so you can focus on taking care of yourself.

It’s Not Just About Paperwork—It’s About Peace of Mind

We get it—applying for SSD benefits can feel like an uphill battle, especially if you've already been denied. But you don’t have to face it alone. With an attorney, you’ll have someone in your corner who understands the system and will fight to get you the benefits you deserve. Plus, you’ll have peace of mind knowing that everything is being handled the right way.

Don’t Do This Alone

Going through the Social Security Disability process can be stressful and overwhelming. And when your financial future is on the line, you want to make sure you’re giving yourself the best shot at success. With the GAO showing that hiring an attorney makes you three times more likely to be approved, there’s a clear advantage to having legal help. And it doesn’t cost you anything if you aren’t approved for benefits, so you have no risk. 

There is too much at stake to not give yourself the best chance for approval.  The difference between getting approved and obtaining lifelong financial and health benefits or missing out because you weren’t aware of a deadline or technicality is life changing.  

If you're thinking about applying for SSD benefits or need help with an appeal, let's talk. Our experienced 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.

I get it — there a lot of bad drivers out there (que the Dumb and Dumber movie opening scene of distracted limousine driver Lloyd Christmas dangerously and unknowingly swerving into oncoming traffic causing an explosive pile-up accident, prompting his passenger to ask him to keep his eyes on the road.) Christmas responds, "Good idea, there are a lot of bad drivers out there."

We Often Play the Blame Game After Accidents

The truth is we are all like Lloyd Christmas. We are blamers. The Rand Institute for Civil Justice found in a recent survey that 75% of motor vehicle accident victims blamed someone else for their injuries. Blaming others for an auto accident is our default behavior, but... newsflash... the other driver wants to blame you (and so does their insurer).

What Is Fault and Why Does It Matter?

Determining who is at fault is the most important fact that must be established following an accident.

The legal word for determining fault is "liability." Liability — that is, a breach of the duty to use reasonable care (i.e., negligence) — is the first and biggest hurdle you must overcome.

Determining fault, however, is not as simple as saying the other driver is 100% at fault or you are 100% at fault.

To establish fault and recovery, each state adopts a fault system that guides liability determinations.

Understanding Pure Comparative Fault in New Mexico

New Mexico is one of twelve states that follow the pure comparative fault system.

Pure comparative fault means that fault (negligence) of each party involved is based upon their respective contributions to the accident. Under this system, fault is apportioned between the parties to determine which parties are entitled to recover and how much they can recover. In other words, the amount of damages you can recover is reduced by your percentage of fault.

Real-Life Examples of Determining Fault

The concept of comparative fault is best shown with some examples:

Driver A and Driver B collide at an intersection because Driver A fails to yield the right of way to Driver B. Driver B suffered $25,000 in bodily injury damages and her $15,000 car was totaled.  

• In this scenario, Driver A is found to be 100% at fault. Driver B would thus be entitled to his full $25,000 in bodily injury damages and $15,000 in property damages because he was found to be 0% at fault.

Now let's assume this same collision occurs, but this time a witness comes forward and says that Driver B was speeding. So even though Driver A failed to properly yield, Driver B was speeding and in doing so contributed to causing the collision. 

• In this scenario, Drivers A and B each have fault in causing the collision. Let's assume the insurance companies find Driver A 70% at fault, and Driver B 30% at fault. Because Driver B had 30% comparative fault, his damages are reduced this same percentage. His bodily injury damages will now be $17,500 ($25,000 x .7) and his property damages will be $10,500 ($15,000 x .7).

Now let's assume video footage shows Driver B was speeding and texting when the collision occurs. The insurance company determines Drive B is 60% at fault.

• In this scenario, Driver B can still recover even though he is found to be more at fault than Driver A. His damages are reduced by 60%, his percentage of fault so his bodily injury recovery is $10,000 ($25,000 x .4) and his property damage recovery is $6,000 ($15,000 x .4).

Some states bar recovery in the last example in which Driver B was determined to be more than 50% at fault. But, in New Mexico, and other pure comparative fault states, recovery is not barred. The percentage of fault simply reduces the amount of damages by the same percentage.

These examples demonstrate the importance of establishing liability.

But beware — liability determinations can shift dramatically based on seemingly minor facts. Facts determined not only from the physical evidence, but also on what the parties say and do following an accident.

I'll give you some real-life examples:

I represented an individual hit by another driver at an intersection. Liability wasn't immediately clear given the facts, but the other driver got out of his car and admitted he was eating a chicken pot pie (who does that?!) and looked down at the time of impact. That one statement was enough to shift liability entirely on the chicken pot pie driver for his negligence. We would never have known that information without his admission.

In another similar accident, I represented a woman hit by another driver. After the collision, the other driver got out of the car holding a fly swatter. He confessed to trying to kill a fly while driving and didn't see my client. This corresponded completely to the testimony from my client who said she saw him swinging wildly in the car at something.

What to Do After an Accident to Strengthen Your Liability Argument

My point is, after an accident emotions are high. Avoid the temptation to jump out and start making statements about what happened. First check to be sure everyone is OK. If anyone is injured, call an ambulance. Side note- I realize many reading this have already been in an accident. However, for anyone that has not been in accident, it is worthwhile to give some helpful advice about what to do if you get in an accident.

Once you have established everyone is OK, you may need to clear the roadway. However, only do so if safety requires. Otherwise, don't move the vehicles because those vehicles provide valuable physical evidence that could be important for establishing liability.

Here are some tips of what you should do after an accident that will help strengthen your liability argument:

• Take lots of pictures. Photograph every angle of the vehicles, the roadway, traffic signals, debris, skid marks, and even the other driver.
• Take video. You may miss something in a photograph, but a video helps provide even more evidence. A video also captures audio which might be helpful.
• Talk to witnesses. If there were any witnesses, talk to them and get their contact information. Make sure the police are aware of them.
• Check for cameras in the area. Many intersections now have cameras. Also, look around to see if there are any homes or businesses that might have security cameras that captured the collision.
• Call the police. Be calm and clearly explain your side of what happened. That investigating officer will file an accident report with findings of fault. Be respectful and mindful that what you say will go into a written report that the insurance companies are going to review. This report will be influential in what each insurance company chooses to do so avoid cursing and looking irrational. You want to clearly communicate what happened, as this will help your credibility.

Police reports are not admissible into evidence in a trial in New Mexico because they are considered hearsay documents. The officer can testify to the information, but the report itself is not usually admissible.

• Call your insurance right away. Oftentimes, your insurer can help investigate and guide you on what to do. You have a duty to notify them anyway, so resist the urge not to notify them for fear of rate increases.
• Call an attorney. An attorney can help protect your interests and eliminate the stress of having to deal with insurance companies. They can investigate and ensure your rights are protected.

What NOT to Do After an Accident

Just as important as what to do, is what NOT to do:

• Do not confront the other driver. Resist the urge to give that other driver a piece of your mind. Again, emotions are high, so avoid a situation that could lead to a dangerous confrontation that puts your safety at risk.
• Do not make any statements about your fault in causing the accident. Many factors determine who ultimately should be held at fault for an accident. Avoid making statements such as "it was my fault" or "I should not have been driving so fast" that can be used against you later. New Mexico is a comparative fault state, which means fault can be apportioned to both drivers in percentages. Therefore, admissions or concessions as to liability can be detrimental to you. This is why it is important to hire an attorney who can conduct a complete investigation and protect your rights as to all aspects of the case, including liability.
• Do not give a recorded statement. Soon after an accident, insurance companies will typically ask you to give a recorded statement. In this recorded statement, an insurance adjuster will ask you questions about the accident and your injuries. You should consult with an attorney before giving a recorded statement, particularly if liability could be disputed. Insurance companies often use recorded statements to obtain information designed to limit liability for their insured.

The Role of Speed and Distraction in Accidents

While every accident is different, there are two common factors that cause most accidents: speed and distraction. In liability determinations, insurance companies will always assess comparative fault when speeding and/or distractions were involved.

This means you should consider whether the other driver was going over the speed limit. But keep in mind speed doesn't always have to be driving over the posted speed limit. Unsafe speed can also include going too fast for road conditions – such as ice, snow, rain, or in construction zones. Speed must always be considered given the situation and conditions.

Distractions are a big issue, especially cell phones. A recent study found that almost 40% of drivers admit texting and driving. You want to investigate whether the other driver was distracted by something. For instance, was the other driver talking or using their phone? Consider also other distractions such as radios, drinks, other passengers, or even chicken pot pies and flies.

Call an Attorney to Protect Your Rights

Finally, never assume the other driver is 100% at fault. I routinely get calls from potential clients that say the other driver is for sure at fault, only to later discover the other driver had a completely different version of what happened, and their insurance is blaming you.

The best thing you can do is call an experienced car accident attorney as they will work with you to conduct a thorough and timely investigation into liability. But, if you choose to handle your claim yourself, follow my advice above and you will greatly improve your chances of winning on liability, and in doing so increase the damages you can are entitled to.

To learn how we can assist you, call our office at 575-300-4000 or use our online contact form to schedule your free consultation today.

You hear the terms "negligence" and "personal injury" a lot.  You see them mentioned on ads, billboards, and commercials, and that's usually just from attorneys screaming at you, promising large financial recoveries. 

But what do these terms mean in a legal context?  Most people have a general understanding, but I find it helpful to clarify what they mean legally. 

Let's start by explaining a few things. 

They are not the same thing, even though they are often used interchangeably. 

Negligence = someone had a responsibility (duty) to act carefully and didn't do so. Negligence explains why someone is at fault.

A personal injury refers to the harm caused by the negligence (i.e. damages, which can be physical, emotional, or financial). 

A personal injury claim is the process that uses negligence to seek compensation for damages.  

Let's dive in further to explain the difference and why it matters.  

Negligence as a Concept

Negligence is the failure to act with reasonable care in a situation where a duty to act exists. This can refer to:

1. A specific act (e.g., running a red light)
2. An omission (e.g., failing to clean up a spill).

Negligence, by itself, however, doesn't automatically mean someone will face legal consequences.

It is only when the negligence causes damages (damages are often referred to broadly as personal injury) that someone is entitled to a financial recovery. 

Thus, to make a personal injury recovery, there needs to be a formal claim, called a personal injury claim. And as I will explain below, succeeding on your personal injury claim requires proving more than just negligence.  The actual act of negligence is only one part of a personal injury claim. 

The Four Elements and Personal Injury Claims

To succeed on a personal injury claim, you need to prove not only that someone acted negligently, but that the negligence caused you damages.  This is known as the four elements of a personal injury claim:  1) Duty 2) Breach of Duty 3) Causation, and 4) Damages.

Here's an example where you can have negligence, but no recoverable personal injury claim:

• A driver swerves into your lane of traffic. They nearly run you off the road, but your quick actions avoided an accident. This is an example of negligence (the driver had a legal duty to maintain his lane but didn't), but you have no personal injury claim because you didn't suffer any damages. 
• This comes up a lot in medical malpractice. You can imagine a situation in which a medical provider acts negligently, but the negligence didn't cause any or sufficient harm/damages, justifying the expense of pursuing the claim.  
• Almost causing injuries does not satisfy the legal damages requirement.  Through the years I have had many people call and say, this negligent person did this, and it could have been really bad for me.  I understand those feelings, but legally, that is not an actionable claim.  There is no damage if it almost injured you. 

Now let's compare that to a situation where you can have negligence and a recoverable personal injury claim.

• A driver swerves into your lane of traffic and hits you head-on. You suffer injuries that require medical treatment.  This is an example of negligence (driver had a legal duty to maintain his lane), and that negligence caused you damages.  You thus can satisfy all four elements: there was a duty owed to you, the other driver violated (breached) that duty, and as a result of that breach, caused you injuries (damages).  All four elements are satisfied.

Key Distinction

• Negligence as a legal idea can exist without a personal injury claim. It's just the failure to act reasonably.
• A personal injury claim needs actionable negligence—when all four elements are present and result in harm.

Why this Matters

A lot of people think that just because you prove negligence, you are entitled to a recovery. That is not true. 

It is important to note that in order to make a recovery, you have to satisfy all four elements - that is, you have to prove that the negligence caused you specific damages. That is a lot more complex than most people realize.  There are books and legal treatises written about causation alone, not to mention duties owed, and explanations of what constitutes a breach and even damages. 

This might highlight how this can get complicated. In the example above, when the other driver collided into you let's assume you suffered a back injury. But what if you had a history of back injuries before this accident? There will be a dispute about what specific injuries this accident caused because you already had some pre-existing back issues unrelated to the accident. You can't claim all your back problems are related to the accident. Thus you must prove up and argue how much this accident caused of your current back problems.  You can see how this can get real tricky, real fast. 

Even if you don't understand each category, this hopefully helps explain the difference between negligence and a personal injury claim. 

Get Guidance for Your Personal Injury Claim – Schedule a Free Consultation Today

And most importantly, if you think you have been a victim of negligence and have a personal injury claim, 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. An attorney 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, check out my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.