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When you are injured due to someone’s negligence, the last thing you want to be bothered with is the stress of dealing with medical bills and insurance companies. New Mexico Accident Firm will immediately begin working to ensure that you can focus on your recovery.
Injuries negatively impact many areas of your life. You may be dealing with long-term treatment or disabilities, missing out on things you enjoyed before the injury, or loss of wages and an overall reduction in your quality of life. When you hire NMAF, we will immediately handle the details of your case and shield you from communication that can often seem overwhelming during your recovery. Being represented by an Albuquerque personal injury lawyer from Duran & McDonald early on can make all the difference in recovering what you are entitled to receive.
learn moreEvery personal injury claim has its own specific set of circumstances and follows its one unique path forward. Most personal injury claims can be sorted into basic categories that include the following:
Other than product liability, these claims are based on the at-fault party’s negligence, which includes professional negligence in the case of medical malpractice.
Product liability claims are predicated on strict liability. This means the product’s manufacturer, distributor, or retailer can be held legally responsible if a defect caused the buyer to suffer legal damages. Defect in this context can be in relation to design, the manufacturing process, or relevant instructions and warnings.
Successfully suing someone else over a personal injury requires proving they are at fault for the injury under the legal theory of negligence. The defendant in a personal injury claim being sued by an injured person is considered negligent under state law if all the following conditions are met:
An Albuquerque personal injury attorney could help build a strong civil claim over various forms of negligence, from subpar property management resulting in a preventable slip and fall to motor vehicle crashes caused by traffic violations.
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Someone found liable for a personal injury is also responsible for paying for every negative impact that injury will have on the injured person. These losses are often referred to as compensatory damages, and they can be further subdivided into economic and non-economic damages based on how their financial values are assessed during civil litigation.
Economic damages are losses that can be assigned an objective financial value based on quantitative evidence such as invoices, receipts, bills, and pay stubs or tax returns. Most of the time, medical expenses form the bulk of economic damages sought through a personal injury claim. It can also be vital to account for things like expenses stemming from personal property damage, lost short-term work income, and lost long-term working and earning capacity.
Non-economic damages, on the other hand, are subjective in nature and typically include losses that must be defined in qualitative terms, such as physical pain, psychological distress, and lost overall quality of life. A skilled lawyer could provide vital help identifying damages that should be incorporated into a personal injury lawsuit in Albuquerque and demanding a fair amount of compensation for each and every one of them.
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New Mexico is what’s known as a comparative fault state. This means that if another party’s negligence caused or contributed to the accident that leaves you injured, you can seek compensation for the percentage of fault they bear.
Sharing fault for an accident that causes you to be injured will not bar you from seeking just compensation. For example, if you are determined to be 10 percent responsible for the accident in question, your settlement or court award will be reduced by this 10 percent.
Every state implements a statute of limitations for personal injury claims. This refers to the amount of time you have to file a lawsuit against the at-fault party. The statute of limitations in New Mexico is three years from the date of the injury-causing accident.
For wrongful death claims, this time limit is set at three years from the date the victim died from their injuries. In other words, it may be more than three years from the date of the accident that ultimately proved fatal.
When the accident victim is a child, the statute of limitations is tolled, or paused. Once the child reaches the age of 18, they have until they turn 19 to file their own claim. However, when parents file personal injury claims on behalf of their injured children, the three-year statute of limitations applies.
The timeframe for filing a personal injury claim against a governmental entity is abbreviated. For example, bus accident claims based on school buses are filed against the involved municipality. In these cases, the statute of limitations is just two years, but you must file a notice of the claim with the agency within 90 days of the accident.
Yes. New Mexico applies a pure comparative fault system, which means you are never barred from seeking compensation even if you were partially to blame for your own injuries. You can legally pursue financial recovery from any other negligent party for the exact percentage of fault they bear. For instance, if a court determines your total damages equal $100,000 but finds you were 30% responsible, your final award will be reduced by your share of blame.
You should politely decline to provide a recorded statement or sign any medical authorization forms until you consult with legal counsel. Insurance adjusters frequently contact injured victims early in the process to secure statements that can later be used to minimize your injuries or shift liability. It is best to inform the adjuster that your legal representative will handle all future correspondence and case data on your behalf.
Yes, it is very common for severe soft-tissue injuries, concussions, or internal trauma to remain masked immediately after an accident due to adrenaline. Delayed-onset symptoms should not deter you from seeking financial recovery, provided you obtain a formal medical evaluation as soon as you notice the pain. Securing immediate medical records is crucial to linking your delayed symptoms directly to the force of the collision.
Your total financial compensation is determined by combining the verifiable costs of your quantitative financial hardships with a qualitative assessment of your personal suffering. We evaluate your total bills, long-term care estimations, and property repair invoices to calculate your economic losses. Then, we assign a fair financial value to your subjective non-economic losses, such as severe physical pain and emotional trauma.
The vast majority of civil injury claims are successfully resolved through out-of-court settlements during pre-trial negotiations. Our legal team meticulously prepares every case file as if it were heading directly to a jury, which gives us maximum leverage when demanding top-dollar settlements from stubborn corporate insurers. If an insurance carrier refuses to offer a fair payout during mediation, only then will we elevate the matter to a formal lawsuit in a New Mexico district court.
If you are hit by an uninsured or underinsured motorist, you can file a first-party claim directly through your own auto insurance policy under your Uninsured Motorist (UM) coverage. In New Mexico, insurance carriers are legally required to offer UM coverage unless you explicitly reject it in writing when purchasing your policy. Navigating a first-party claim can still be highly adversarial, as your own insurance company will attempt to minimize your payout just like a third-party insurer would.
Yes, you can hold governmental entities legally liable for accidents caused by infrastructure defects or negligent public employees, but the rules are highly restrictive. Under the New Mexico Tort Claims Act, you face an abbreviated statutory timeframe. You must file a formal, detailed written notice of your intent to sue with the specific municipal or state agency within exactly 90 days of the accident, or you forfeit your right to seek damages entirely.
You do not need to pay anything out of pocket to retain our legal services. Our personal injury firm operates on a strict contingency-fee arrangement, meaning we cover all investigative costs, medical expert fees, and filing expenses upfront. We only collect a contractually agreed-upon percentage of your final settlement or court award once we win your case. If we do not recover money for you, you owe us nothing.
Navigating a legal claim after being injured in an accident caused by another’s negligence is challenging. Let our Albuquerque personal injury lawyers help you through this difficult time. Many people who suffer injuries cannot afford the attorney fees necessary to pursue their case. In order to make legal representation available to those who otherwise could not afford it, NMAF provides contingency fee structures in personal injury cases where attorney fees are paid only after the client has recovered compensation. Call Duran & McDonald now to discuss your legal options with our team.
219 Central Avenue NW, STE 201, Albuquerque, NM 87102
