Frequently Asked Questions and Answers for Personal Injury Victims

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

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

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

How does comparative negligence work in New Mexico?

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

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

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

How is fault determined in a personal injury case?

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

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

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

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

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

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

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

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

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

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

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

Why is This Topic Important?

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

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

Why Do Insurance Companies Make Quick Low Offers Early On? 

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

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

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

1. What is an insurance settlement offer? 

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

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

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

3. Can I negotiate the settlement offer? 

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

4. How is the value of my claim determined? 

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

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

Before negotiating or accepting a settlement offer:

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

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

An attorney can provide invaluable assistance by: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What is Negligence in a Personal Injury Case?

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

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

How is Fault Assigned in New Mexico?

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

What is Pure Comparative Negligence?

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

How Does Comparative Negligence Impact the New Mexico Claim?

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

What If Multiple Parties Are Involved?

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

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

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

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

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

It is advisable for anyone involved in a personal injury case to consult an experienced New Mexico personal injury attorney to protect their rights and pursue a just outcome. 

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

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

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

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

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

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

Are There Any Exceptions to the Three-Year Limit?

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

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

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

Statute of Limitations for Claims Against Governmental Entities

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

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

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

Why is the Statute of Limitations Important in New Mexico?

The statute of limitations serves several essential purposes:

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

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

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

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

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

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

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

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

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

1. Investigation and Pre-Litigation Phase 

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

2. Filing a New Mexico Lawsuit and Discovery Phase 

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

3. Mediation, Negotiation, or Trial 

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

4. New Mexico Case Resolution and Post-Trial Matters

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

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

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

If you were injured in a motorcycle collision in New Mexico, you might be surprised to receive a settlement offer from the insurance company soon after you file your claim. It may be tempting to accept their offer if you need the money and want to resolve your case quickly to move on with your life. However, it is rarely in your best interests to accept the first offer that the insurance adjuster makes.

Why the Insurance Company May Offer You a Quick Settlement

The real reason the insurance adjuster may want to settle your claim quickly is to save the insurance company money by settling your claim for less than you deserve. They want you to accept their offer before you know the full extent of your injuries and speak to a knowledgeable personal injury attorney who can tell you how much your claim is really worth.

Reasons Not to Accept the First Offer You Receive

You are entitled to recover compensation for your past and future medical expenses, lost wages, property damages, and pain and suffering from the negligent driver and their insurance company under New Mexico law. Here are some of the reasons it would be a bad idea to settle your claim too quickly:

#1: You Don’t Know How Serious Your Injuries Are

First, you should not accept a quick settlement because you can’t know how serious your injuries are or the medical treatments you will need right after the motorcycle accident. You should wait until you reach your maximum medical improvement (MMI) to settle your claim. This is the stage in your treatment when you have fully recovered or recovered as much as possible, and your doctor can give you a final prognosis.

You cannot know the cost of your future medical care or how your injuries will impact your ability to work until you reach your MMI. It could take months or more than a year to reach this stage of your medical recovery, especially if you suffered a long-term injury or multiple injuries.

#2: The Offer Is Too Low

The insurance company’s first offer will most likely be for much less than the total value of your claim. They hope you are desperate to settle your claim, even if it is for far less compensation than you deserve.

#3: Settlements Are Final

Once you reach a settlement with the insurance company, they will send you a release of all claims form to sign before they mail you your check. When you sign the release, you agree that this is a final settlement of your claim. You would be unable to reopen your claim later to request more compensation if you discover that your injuries are more severe than you thought or that you can no longer work.

What You Should Do if You’re Offered a Quick Settlement

You should never accept a settlement offer without first consulting with a lawyer. You should retain an attorney immediately if you do not have one and leave negotiating your settlement to them.

The insurance company could send you a check before you agree to settle your case. Do not cash the check. You could give up your right to pursue your right to seek all the damages you are entitled to under New Mexico law.

Were you or a loved one injured in a motorcycle accident in Roswell or Southeast New Mexico? Our experienced personal injury lawyers can explain your rights, collect the evidence you need to win your case, and go up against the insurance company so that you receive the maximum recovery in your settlement. Call our Roswell office at (575) 300-4000 or fill out our online form to schedule your free consultation today to learn about our track record of success in motorcycle crash cases and how we can assist you.

Related Links: How Motorcycle and Car Accident Claims Differ How a Lawyer Can Help in a New Mexico Motorcycle Crash Case Evidence You Need in a Motorcycle Accident Case

 

If you are filing a claim for compensation under New Mexico’s dog bite laws for injuries you suffered in a dog bite, you will want to know how long it will take to settle your claim. Unfortunately, an experienced personal injury lawyer cannot give you a precise answer on when your case will be settled because every claim is unique. However, understanding the factors that influence the length of time to resolve a claim can give you a sense of how long it will take to settle yours.

What Is the General Time Frame for Settling a Dog Bite Case?

There is a broad time range of how long it can take to settle a dog bite claim. Some cases will be settled within a few months, while others can take a year or more to be resolved, especially if the case is litigated and goes to trial.

What Factors Can Affect the Length of Time it Takes to Resolve a Dog Bite Claim?

There are a number of factors that can affect how long it will take to settle a claim with the insurance adjuster. Here are important ones that can impact on how long the process will take.

Seriousness of Your Injuries

If you suffered minor injuries and recover from them quickly, the value of your claim will be lower. The insurance adjuster for the dog owner may be willing to offer you a settlement quickly that fully compensates you.

However, if you suffer a long-term injury, such as scarring or disfigurement, nerve damage, an amputation, or organ damage, you will be entitled to more compensation for your medical expenses, lost wages, and pain and suffering. Even if you have a strong case, the insurance company could raise many defenses and fight for longer to deny your claim or pay you less money in your settlement.

How Long It Takes You to Recover

You might not realize that how long it takes you to recover can affect the length of time it takes to settle your claim. However, you should not try to resolve your claim until you fully recover from your injuries or recover as much as possible, and your doctor can give you a final prognosis. If you suffered severe or multiple injuries, it could take months, a year, or longer for this to happen.

You cannot know the amount of damages you are entitled to, especially your future medical expenses, lost wages, and pain and suffering, or if you will fully recover until you reach this stage in your medical treatment. Once you settle your case with the insurance company, your settlement will be final. You cannot reopen your claim if you later discover your injuries were more serious than you thought.

Your Partial Fault

It could take longer to resolve your case if the insurance adjuster claims you were partially to blame for causing the dog to bite you. They could argue that you provoked the dog—even if it is not true. Your attorney may need to collect additional evidence or file a lawsuit to convince the insurance company of their liability to compensate you.

Litigation

Your attorney will need to file a lawsuit if the statute of limitations, which is the deadline you have to sue the dog owner, will expire soon or if the insurance company refuses to offer you a fair settlement. It can take over a year to litigate a case, especially if it goes to a jury trial.

Most cases will be settled at some point in the litigation process. However, litigation significantly increases how long it can take to settle a claim.

Did a dog bite you or a family member in Roswell, Carlsbad, or Southeast New Mexico? Our skilled personal injury attorneys can help collect the evidence you need to win your case and go up against the insurance company for the compensation you deserve. Call our Roswell office at 575-300-4000 or fill out our online form to schedule your free initial consultation today to learn more about how we can help you.

Related Links: Important Steps to Take If You’re Bitten by a Dog How Much Is My Personal Injury Claim Worth? How Do I Pay My Medical Bills After a Dog Bite?

 

If you were injured in a motorcycle collision caused by a negligent driver in New Mexico, you may wonder if you should file your claim or hire a lawyer to represent you. The best choice would be to let an experienced personal injury attorney negotiate your settlement if you want to obtain all the compensation you deserve for your injuries. Here are seven ways an attorney can help you.

#1: Communicate With the Insurance Company

One way a lawyer will assist you is to take over all communications with the insurance adjuster. If you try to talk to the insurance company yourself, you could inadvertently say something that could be misconstrued as an admission of guilt or otherwise hurt your case. The insurance adjuster could also take advantage of you and get you to agree to give a recorded statement or sign a medical authorization to get ammunition they can use to deny your claim. You avoid all these problems by letting your lawyer deal with them.

#2: Collect the Needed Evidence

You must prove the other driver’s negligence in causing your motorcycle accident, the seriousness of your injuries, and the amount of compensation you should receive from the insurance company. You do this by collecting evidence that proves your case. A skilled personal injury lawyer will determine what evidence you need and will collect it for you.

While you may be able to obtain some evidence on your own, other types of proof could be difficult to get. Helpful evidence your attorney may collect to establish the motorist’s negligence includes:

• Police report
• Photos and videos of the collision
• Eyewitness statements
• Business surveillance camera footage
• Black box data from the negligent driver’s motor vehicle
• Inspection report about the damage to your motorcycle
• Accident reconstruction expert report

#3: Obtain Medical Records and Doctor Reports

Another way an attorney can help you is to obtain and organize your medical records and medical information from your doctor. Having strong medical evidence is essential to achieving a favorable outcome in your case. A lawyer will do the following for you:

• Get and organize your medical bills and records
• Contact the health care provider for any missing bills or medical records
• Work with your physician to ensure that they provide the information you need to show that your injuries were caused by your motorcycle accident, the seriousness of your injuries, the treatments you need, and your final prognosis 

#4: Determine the Value of Your Claim

In New Mexico, you are entitled to recover compensation for your past and future medical expenses, lost wages and lost earning capacity damages, property damages, and pain and suffering when an at-fault motorist caused your injuries in a motorcycle crash. Determining what your claim is worth can be complicated, especially if you are entitled to future medical costs, lost wages, and pain and suffering. A knowledgeable personal injury lawyer who handles many motorcycle accident claims in their practice can value your claim and advise you on what you can realistically expect to receive in your settlement.

#5: Negotiate Your Settlement

Your lawyer will negotiate your settlement with the insurance company. Unfortunately, since the pandemic, it is even more common for insurance companies to try to delay settling a claim when a victim tries to resolve their claim on their own. Insurance adjusters use many excuses, such as that they are working from home or have been sick, and can take longer to return calls.

An attorney may be able to speed up the time it takes to settle your claim. If the insurance adjuster raises disputes to deny your claim or pay you less money—which is common—your attorney will have strategies to refute their arguments.

#6: Work With Lienholders

You may have a lien placed on your settlement by a health care provider or medical insurance company that must be paid when you settle your claim. Your attorney can negotiate with them to try to reduce the amount of the lien so that you receive more money.

#7: Litigate Your Claim

You will need to file a lawsuit if the insurance company refuses to offer you a fair settlement, or the statute of limitations to file your complaint will expire soon. You will need a lawyer licensed to practice law in New Mexico to litigate your case.

Were you injured in a motorcycle accident in Roswell or Southeast New Mexico? Call our Roswell office at 575-300-4000, start a live chat, or fill out our online form to schedule your free consultation today to learn how we can help you.

Related Links: How Motorcycle and Car Accident Claims Differ Common Injuries Caused in Motorcycle Accidents Seven Steps to Take After a Hit and Run Motorcycle Accident

 

You could suffer serious injuries if you are bitten by a dog and may require expensive medical treatments to treat them. You may be worried about how you will pay your mounting medical bills. This is a common worry for many dog bite victims. Here are ways you can get your bills paid without paying them yourself.

Ways to Get Medical Bills Paid for by the Dog Owner

Under New Mexico’s dog bite laws, dog owners are strictly liable to compensate you for a dog bite if they knew or should have known that their dog was vicious or had a tendency to be vicious. They can also be held responsible if their negligence caused the dog attack. Here are the ways you can obtain the compensation you deserve from the dog owner:

• Homeowner’s insurance. If the dog owner owns their home and has homeowner’s insurance, their policy will most likely cover dog bite injuries. You could file a claim to reimburse your medical expenses under this policy.
• Animal liability insurance. The owner may have purchased an animal liability insurance policy. This coverage would cover injuries and other damages a dog caused and would be a way to get your medical bills paid.
• Car insurance. If you were bitten by a dog while in the owner’s vehicle, or the dog jumped out of it and attacked you, you may be able to file a claim under the owner’s car insurance. There must be a direct connection between the motor vehicle and the dog bite.

Should You Use Your Health Insurance to Pay Your Medical Bills?

It could take you months or longer to settle your claim with the owner’s insurance company if they raise defenses to your claim—which is likely. You do not want to go into your savings to pay your medical bills while waiting for your settlement proceeds.

A better option would be to have your health insurance company pay your medical expense and reimburse them out of your settlement. Your attorney may negotiate an agreement with them to accept less than the full amount paid when they settle your claim with the dog owner’s insurance company.

What Are Your Options if the Dog Owner Has No Insurance?

If the dog owner does not have insurance coverage, it can be more complicated to get your medical bills paid. They would still be liable to pay your medical bills, lost wages, and pain and suffering.

However, you may need to file a lawsuit against the dog owner to obtain any compensation from them. You would need to understand that they may not have the financial resources to pay you all the damages awarded to you. In addition, depending on their circumstances, they may pay what they owe you in a small payment plan over time that never fully compensates you.

Using your health insurance to pay for medical bills is essential if the dog owner has no insurance and does not have the financial resources to reimburse you for these expenses. It is also important to pursue claims against all potentially liable parties, such as a dog handler, if they were taking care of the dog when you were bitten.

How a Personal Injury Lawyer Can Help You

If you or a family member suffered dog bite injuries, you should retain an experienced personal injury attorney immediately. They will be able to determine what insurance coverage the dog owner or other negligent party has, collect the evidence you need to win your case, and go up against the insurance company to receive the maximum recovery you deserve. They can also help you explore any other avenues of compensation that you may have if the dog owner has no insurance.

At the Injury and Disability Law Center, we understand how challenging it can be to pay your medical bills after a dog attack, especially if you are off work recovering from your injuries. We are here to aggressively pursue your claim with the insurance company. We handle these cases on a contingency fee basis, so you only owe us attorney fees after settling your claim or winning your case at a jury trial. Start a live chat or contact our Roswell office to schedule your free case evaluation today to find out more about how we can assist you.

Related Links: Should I Settle My Personal Injury Case? How to Get Maximum Compensation in a Personal Injury Case Important Steps to Take If You’re Bitten by a Dog

 

If you were the victim of medical malpractice, you will want to know how much your claim is worth before you decide to pursue it. Many factors go into valuing a claim. Here are some of the important factors that an experienced personal injury lawyer would use when determining how much your claim is worth.

Compensation You Can Receive in a Medical Malpractice Case

One of the first steps an attorney would do is determine the amount of compensation you are entitled to under New Mexico law. You can recover your past and future damages. They include:

• Medical expenses. You are entitled to reimbursement of your medical expenses. If you now have a medical condition that you will never recover from, you may need medical treatments for the rest of your life.
• Lost wages and lost earning capacity. If you must take time off work, you should recover your lost wages. You would be entitled to lost earning capacity damages if you must take a cut in your salary or have become permanently disabled due to your injuries.
• Pain and suffering. Putting a monetary value on your pain and suffering, mental anguish, and reduced qualify of life is the most difficult part of your claim to value. You will need the help of a knowledgeable attorney to determine how much pain and suffering damages you should receive.
• Punitive damages. Punitive damages are not commonly awarded to medical malpractice victims. They are designed to punish the negligent party for their intentional or grossly reckless acts.

Caps on Damages in Medical Malpractice Cases

In New Mexico, there is a cap on how much compensation you can recover in a medical malpractice case, except for your past and future medical expenses and punitive damages. You can receive up to $750,000 against an individual medical provider and $4,000,000 against hospitals and medical provider clinics.

Other Factors That Can Affect Your Claim’s Value

Every medical malpractice case is unique, and many other factors can make your claim’s value increase or decrease. They include:

• Disputes with the insurance company about their insured’s negligence
• Seriousness of your injuries
• Your partial negligence in causing your injuries

Are you the victim of medical malpractice in Roswell or Southeast New Mexico? Do you have questions about your rights or the value of your claim? Start a live chat or contact our Roswell office to schedule a free consultation today to get your questions answered and learn more about how we can assist you.

Related Links: Reasons to Hire a Local Attorney for a Personal Injury Case How to Get Maximum Compensation in a Personal Injury Case Medical Review Hearings in Medical Malpractice Cases