Corrales, NM Personal Injury Attorney
Getting hurt can be anything from a minor inconvenience to a major life upheaval. Between dealing with insurance companies, medical appointments, and everything else involved, your life is not going to be the same anytime soon. It may feel like you’re on your own with nobody on your side. You need someone who can help you through the chaos that personal injury creates. That’s where Vanessa DeNiro can help. Vanessa can represent you in a personal injury claim and fight for the compensation you deserve.
For most people, their car is their lifeline—work, school, family, worship, shopping and everything else. If your car is taken away from you due to someone else’s negligence, you may be stranded. Add injuries to your car’s damage, and you’ve suddenly got a lot to deal with, and no car.
You should file your insurance claims immediately, but don’t agree to a quick settlement and lose your right so sue completely. If you wait too long to file your claim, a balking insurance company may not take you seriously, knowing that you won’t have enough time to file a lawsuit. You’ll lose your rights and be unable to recover what you need to pay your bills and get back on your feet.
If you discover you need to sue, you’ll have a three year window (called the “statute of limitations”) to file. In addition to getting an adequate settlement from an insurance company, filing a personal injury lawsuit can also pay your medical expenses, lost wages, car repairs as well as pain and suffering.
Slip & Fall Injuries
If you’ve sustained an injury on someone else’s property due to negligence, you should seek compensation.
Like a car accident, New Mexico has a three-year statute of limitations to file a lawsuit in the event you need to, starting on the day of the accident. If you have property damage, but no physical injuries, you’ll have four years to file.
New Mexico also employs a “pure comparative negligence rule,” which a defendant will most likely use. If you were partially at fault for your accident, the court will decide how much, and reduce any settlement by that amount. For instance, if you walked into a cordoned off area, and the danger should have been obvious to you, but you were walking and texting, you could be given a 25% fault rating. If you’re awarded $20,000, you’ll actually receive $15,000. You can collect any percentage that you’re awarded.
Suing A Government Agency or Entity
Different rules apply to suing the government for an injury due to negligence. You only have 90 days to file or you’ll lose your right to sue, and your suit will be dismissed. Under the Tort Claims Act, you must give notice to the governmental entity you’re planning to make a claim against within 90 days of the incident.
It’s one of the worst betrayals—a doctor. Medical malpractice is also one of the most difficult personal injuries to adjudicate. Expert medical witnesses are critical to discussing and proving injury.
Unlike other personal injury accidents, New Mexico caps damages at $600,000 except for medical and rehabilitative care. If the judge rules in your favor, you can only collect this much for lost wages, pain and suffering, etc. But a doctor, hospital or other medical facility/provider will be held responsible for all of your medical care as a result of their negligence no matter how much the amount.
You’ll have three years from the date of your injury (or when your injury was first known) to file a medical malpractice lawsuit. (For children with injuries before the age of 6, they or their parents have until the child’s 9th birthday.) Before you can file, your claim must be brought in front of the New Mexico Medical Review Commission for review. Once a review is completed, your attorney can then file a lawsuit.
Don’t Wait Until It’s Too Late
Personal injury can be anything from a dog bite to a bike accident to a car crash, but they can all be serious. Whatever kind of personal injury you’ve suffered, don’t try to deal with it on your own. Vanessa DeNiro has the experience to help you through the complex process of claims and suits. She also has the strength and experience to stand up for you and defend your rights, with the goal of the best outcome for each case. Call her today at (505) 977-8975 (or use our online contact form.)