Albuquerque Personal Injury Attorneys

Understanding New Mexico Personal Injury Laws

New Mexico is a fault state regarding personal injury cases. This means that the person who is at fault for causing an accident or injury is responsible for compensating the injured party for their losses. 

Some common legal theories include:

• Negligence: Negligence is the most common legal theory in personal injury claims. It involves proving that the defendant owed a duty of care to the plaintiff, breached that duty through their actions or inactions, and caused the plaintiff’s injuries as a result of the breach. For example, in a car accident, the plaintiff must show that the defendant failed to follow traffic laws or drive responsibly, leading to the accident and the plaintiff’s injuries.
• Strict Liability: Strict liability applies in cases where the defendant is held responsible for injuries regardless of fault or negligence. This often applies in product liability cases, where a defective product causes harm to the consumer. In New Mexico, strict liability may also apply in certain cases of animal attacks, where the owner may be held liable for injuries caused by their animal, even if they had no prior knowledge of the animal’s vicious tendencies.
• Intentional Torts: Intentional torts occur when the defendant intentionally harms the plaintiff. Examples include assault, battery, false imprisonment, and intentional infliction of emotional distress. In these cases, the plaintiff must prove that the defendant intended to cause harm or knew that harm was substantially certain to occur.
• Premises Liability: Premises liability cases involve injuries that occur on someone else’s property due to unsafe conditions. Property owners have a duty to maintain safe conditions for visitors, and they may be held liable if they fail to do so. This can include slip and fall accidents, inadequate security leading to assault or robbery, or injuries caused by dangerous conditions on the property.
• Wrongful Death: Wrongful death actions are brought by the surviving family members of a person who has died due to the negligence or wrongful act of another party. These actions seek compensation for the damages suffered by the surviving family members, such as loss of financial support, loss of companionship, and funeral expenses.

New Mexico follows a "pure" comparative fault system, meaning that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

Damages in personal injury scenarios aim to compensate the injured party for their losses. These can include medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages meant to punish the defendant for particularly egregious behavior.

Getting Compensation for Your Injuries

In New Mexico, personal injury claims afford injured parties the opportunity to seek damages from the party deemed to be at fault for the accident and injuries. Damages can generally be categorized into two types: compensatory damages and punitive damages.

Compensatory damages are intended to compensate the injured party for their losses. These can be further divided into economic damages and non-economic damages.

Economic Damages

The calculable bills related to the injury are referred to as economic damages. Your medical expenses and property damage are good examples of economic damages. After your accident, you may visit a doctor or fix your vehicle and receive a bill for those expenses. Your attorney will add those bills to the total amount of compensation you should be owed.

Other economic damages include:

• Inability to work and earn wages and benefits
• Diminished future earning capacity
• Medical bills, hospitalization, physical therapy costs, and other injury-related expenses
• Cost of fixing or repairing a vehicle
• Transportation or rental car costs
• Childcare, pet sitting, food delivery, and other daily expenditures
• Other forms of property damage causing financial loss to you

Non-Economic Damages

Because noneconomic damages don’t come with an exact number, they are harder to calculate. An experienced personal injury attorney will need to look into all the ways you have been affected by the injury to determine a reasonable number to represent your noneconomic losses.

For example, your medical bills after a brain injury will be evident. But the amount you lost through pain and suffering, missed family events, and the inability to work, drive a car, or participate in a favorite hobby is less tangible.

Non-economic damages your personal injury lawyers will look into may include:

• Pain and suffering
• Emotional anguish
• Loss of enjoyment of life
• Inability to take part in activities, hobbies, exercise, and important life events
• Disability or disfigurement
• Loss of consortium or companionship (in wrongful death cases)

Insurance companies often undervalue non-economic damages due to their subjective nature. Our attorneys are adept at presenting comprehensive evidence, including medical records, psychiatric evaluations, and personal testimonies, to substantiate these costs in terms of the impact on your life. By doing so, we strive to obtain compensation that reflects the true scope of your suffering and aids in your overall recovery journey.

Punitive Damages

As opposed to compensatory damages (which compensate the victim), punitive damages punish the wrongdoer. Punitive damages are rare in personal injury claims. Only in situations in which the defendant’s actions are particularly egregious and harmful will a New Mexico court decide that punitive damages may be applied.

Punitive damages are sometimes seen in car accident cases involving a drunk driver. In other cases, punitive damages may be used to punish a corporation that causes widespread harm. For example, if an oil company fails to protect employees from chemical exposure and multiple oil field injuries result, the company may be liable for punitive damages in a civil situation.

Can I Recover Compensation for More Than Physical Injuries?

Serious injuries don’t just mean physical pain. Our personal injury lawyers in Albuquerque know that injury claims should include emotional and psychological injuries that are every bit as real as the physical ones.

In many personal injury cases, it is not uncommon to find that victims experience:

• Post-traumatic stress disorder (PTSD)
• Depression
• Anxiety
• Fear of vehicle travel (after car accidents or other motor vehicle accidents)
• Emotional suffering

While dealing with your severe injuries and emotional suffering, you are also facing substantial financial setbacks. On top of medical expenses and other bills, your income may be reduced or lost altogether. After an incident like a car accident, for example, your financial security may be shaken for years to come.

Through an insurance claim or personal injury lawsuit, we help our clients overcome the weighty financial challenges they are suddenly facing.

How Do I Know If I Need a Personal Injury Attorney?

Hiring a personal injury lawyer is the best way to secure the financial help you need to cover medical bills and other expenses related to your injury. In many cases, it’s nearly impossible for an injured victim to recover compensation without legal representation.

Although an insurance company exists to protect policyholders in times of difficulty, you may find that the insurance company is your biggest obstacle to obtaining compensation. It’s a known fact that an insurance company is a for-profit business. Their driving motivation is to make and save money, which often means giving you less than full and fair compensation.

Filing a personal injury claim can be a complicated process, even for personal injury attorneys with years of experience. If you decide to take on the process alone, know that you will likely receive a lower financial award than if you partnered with an attorney. You will also need to complete every step of the legal process correctly and within the applicable statutes of limitations.

When you hire a lawyer from Buckingham & Vega to advocate for you, you have an experienced professional in your corner who will:

• File all documents and insurance claims correctly and within mandatory deadlines
• Understand federal, local, and New Mexico law as it applies to your case
• Analyze your insurance coverage and that of the at-fault party
• Determine liability and hold the appropriate party accountable
• Research, gather, and submit the evidence necessary to support your claim
• Hire medical professionals who can attest to the extent and cause of your injuries
• Communicate with the insurance company for you
• Calculate the compensation you should be awarded for current and future losses
• Skillfully handle settlement negotiations on your behalf
• Not get paid until you recover compensation

Before proceeding with a personal injury claim, it's crucial to understand the potential legal and financial implications involved. Consulting with an attorney early on will help clarify the complexities and nuances of your particular incident. Having skilled legal representation often means negotiating terms that maximize your benefits while avoiding pitfalls that might reduce your compensation or prolong resolution.

How Much Is My Personal Injury Claim Worth?

Taking all of these factors into consideration—including the severity of your injuries, the amount of economic loss you incurred, how your life was altered by the injury, and whether punitive damages apply—your Albuquerque personal injury lawyer will calculate the value of your claim.

It is impossible for an attorney to give you an exact number without knowing the specific details of your case. One of the purposes of your free consultation is to discuss those details. This will give your lawyer a chance to ask questions to better understand your situation. After gathering the information needed to calculate compensation, your legal advocate can provide a better idea of what your personal injury claim is worth.

Regardless of the value of your claim, it is likely that the insurance company will try to offer you less than you deserve. One of the reasons it’s so important to work with a personal injury attorney is to make sure you don’t accept an unreasonably low offer. Many people who are not trained legal professionals don’t realize how severely an insurance company has undervalued their claim until it’s too late.

Don't let an insurance company take advantage of your situation. The Buckingham & Vega lawyers are fierce and practiced negotiators. Let an experienced personal injury attorney from our team be your advocate throughout settlement negotiations.

How To File a Personal Injury Claim in New Mexico

First, you'll meet with a personal injury lawyer to determine if you have a valid case. Once you and your lawyer decide to move forward with your claim, the at-fault party and their insurance company will be notified. If a settlement can be reached, the case will come to a conclusion, and you will be awarded your financial settlement. 

If the liable party and their insurance company refuse to settle on a fair amount, you and your attorney can file a personal injury lawsuit in order to reach an official verdict from a judge or jury.

Proving Your Right to Compensation

There is much more to a personal injury claim than simply stating your damages. The insurance company will demand a wide range of proof before they accept that the events unfolded as you claim they did.

This evidence may be found in the form of:

• Police reports
• Photos of the accident scene (if applicable)
• Your medical records
• Video footage from cell phones, surveillance cameras, or dashcams
• Eyewitness accounts
• Expert witness testimony (from medical experts or traffic reconstructionists)
• Your journal of the injury and healing process

Proving liability involves a detailed and systematic approach. Engaging with expert witnesses who can offer detailed insight into specific aspects of the case is instrumental in strengthening your position, giving it more credibility and weight in negotiations or court proceedings.

What Happens if I Am Partially at Fault?

Our clients sometimes bring concerns to us about whether they can receive compensation if they were partially at fault for the accident. In New Mexico, you can rest assured that you are still eligible for financial recovery, even if you hold partial responsibility.

New Mexico adheres to a pure comparative negligence system. This means that you are eligible for compensation even if you are partly responsible (up to 99% at fault) for the injury. The percentage of fault you carry is the percentage your compensation will be reduced.

For example, you may be 10% at fault for a slip and fall accident, while the property owner is 90% responsible. If you file a personal injury claim against the negligent property owner and are entitled to a $50,000 settlement, this amount will be reduced by 10% ($5,000), leaving you with a total of $45,000 in compensation.

How Much Will It Cost to File a Personal Injury Claim?

We know that another expense is the last thing you need after a personal injury. The time you need a lawyer most is the time you have the least amount of funding to put toward legal fees. That’s why we don’t accept any money until we win your case for you.

Buckingham & Vega Law Firm takes most cases on a contingency fee basis. We begin with a free consultation to see if our law firm is the right fit for your situation. We work to build a strong attorney-client relationship with every client we serve, so you know you can trust us in every matter. When our legal team takes on your civil lawsuit, we don’t expect to receive payment until you obtain proper compensation.

Understanding Contingency Fees

A contingency fee system is a way to pay a lawyer for legal services without using a fixed hourly fee model. Under this arrangement, your lawyer is paid a percentage of your monetary award only when your case is settled.

This way, you and your attorney are both motivated to achieve the same goal. You don’t have to worry about upfront fees, and your lawyer is encouraged to reach a case outcome as efficiently and successfully as possible. We find that a contingency fee arrangement works well for most of the situations we handle. We are confident in our ability to handle cases, get maximum compensation, and give our clients the most advantageous outcomes possible.

Hire the Albuquerque Personal Injury Attorneys You Can Trust

Buckingham & Vega Law Firm has extensive experience successfully representing personal injury victims. If a negligent person or entity could have acted differently to prevent what happened to you, we can fight to hold them accountable for your losses.

We understand how overwhelming it may seem to take on a legal claim when you’re trying to focus on recovering. But it’s important to remember that you have a right to seek compensation for your injuries and losses. When you have the means to take care of those expenses, you’ll only be expediting your recovery process.

Every claim is different, so getting in touch with our personal injury attorneys as soon as possible after an accident is crucial. The sooner we can start investigating your claim and gathering the evidence needed to support it, the better your chances are of receiving full and fair compensation. 

Our commitment extends beyond legal representation; we aim to empower our clients by providing them with the resources and knowledge they need to navigate their circumstances confidently. We believe informed clients make the best partners in seeking justice. Hence, we encourage continuous communication, updates, and educational resources to ensure our clients are actively engaged and well-informed throughout the legal process.

Our personal injury attorneys in Albuquerque have expertise in a wide range of practice areas. Call us to discuss how we may be able to help you in your unique situation. Call us at (505) 388-0066 or fill out this form.