Las Cruces Personal Injury Lawyer

Las Cruces Personal Injury Lawyer
No matter how safe you are in your daily life, injuries can occur at any point. It is impossible to anticipate when circumstances will become dangerous when other people are involved. Safe roads can turn deadly with reckless driving, and unmaintained workplaces can become hazardous when employers are negligent in caring for them. If you are pursuing compensation for an injury, a Las Cruces personal injury lawyer from the Branch Law Firm can help you make the most of your case.

The Branch Law Firm handles many types of personal injuries, whether broken bones or wrongful death. Our seasoned legal team is equipped to guide you through the process of filing a claim in court, assembling an airtight case with evidence, and fighting for compensation.

What Qualifies as Personal Injury in New Mexico?

Personal injury claims are filed when an individual seeks compensation from another person or entity who harmed them. Insurance companies who do not want to pay out large sums often combat personal injury claims. It takes an experienced personal injury lawyer to build a case against them successfully.

Some of the most common personal injuries we see are:

In some cases, the other party may be completely liable for the harm you endured. In others, you may share some of the liability for your injury. New Mexico calculates compensation payouts using a rule of “comparative negligence,” which assigns a percentage of fault to both parties, if applicable.

Understanding Comparative Negligence in New Mexico

Comparative negligence exists in many states, but the rules can vary greatly. In some states, you may not receive any compensation for an injury if you are found to be at least 50% liable for your injury (this is known as “modified comparative negligence.) Another type of negligence, “contributory negligence,” prevents a person from recovering damages if they are even 1% liable for the accident.

In New Mexico, this is not the case. The state uses a “pure comparative negligence” rule, meaning you may still be able to collect compensation for 1% of the requested damages if you are found 99% at fault.

Statute of Limitations for Filing a Personal Injury Claim

In New Mexico, the statute of limitations for filing a personal injury claim is typically three years from the date of the incident. If you discover your injury at a later date, the three-year timeline begins on the date of the discovery. If you do not file your claim within that timeline, you risk having your claim dismissed.

However, there are exceptions that may extend or otherwise change the three-year limit. For example, medical malpractice claims do not begin their three-year timeline until an incapacitated patient regains the ability to care for themselves again. Minors who are injured have until either they turn 18 years old or three years have passed since the date of their injury to file a claim – whichever comes last.

If you believe your case has a special circumstance that might exempt it from the normal statute of limitations, you should speak with an attorney as soon as possible.

How to File Your Personal Injury Claim in New Mexico

After you have been injured and made the decision to pursue legal action, you should speak with a medical professional to discuss the extent of and treatment for the injury. Your safety and well-being are a priority to us during the claims process, and a doctor can help you identify any underlying effects of your incident. Be sure to document this visit thoroughly – from medical bills to diagnosis. An attorney can talk you through the correct questions to ask if you are unsure how to navigate your injury.

Once you are aware of the damages, we can work together to file a complaint. In New Mexico, personal injury cases are handled in civil court, and the procedures can be complex. The information needed to put together your complaint includes:

How We Calculate Compensation

In order to calculate compensation accurately, we must consider factors that are both directly related to the injury and tangentially related to the injury. A factor that is more direct is a medical bill from receiving care for the injury. A less direct factor would be any wages you might have lost during your recovery or a dip in the quality of life you experienced as a result of the injury.

Pain and suffering fall under a wider branch of “non-economic losses.” There are three types of losses you can request compensation for in a personal injury claim, which include:

Although non-economic losses like pain, suffering, and quality of life are not as easily calculable as bills, they are all things you can collect compensation for. Calculating these incorrectly and requesting an amount that is highly inflated can lead to more significant pushback from insurance companies and unwillingness from the court to rule for that amount. Requesting too little means you are missing out on compensation to which you are entitled.

How Likely Am I to Get Compensation for My Injuries in New Mexico?

The likelihood of receiving compensation for your injuries in Las Cruces, NM depends on the particular facts of your case. Several things must be determined by the court in order to rule for compensation, including your own liability. We can strengthen your claim using evidence from medical professionals, camera footage from the scene of the accident, and witness testimonies.

New Mexico’s rule of pure comparative negligence can also bolster the likelihood of you receiving a payout for your injury since you can still be mostly liable for the injury and receive compensation.

The extent of the injury can greatly affect your payout. An injury that results in ongoing medical care and loss of wages will likely warrant a higher payout than a broken or fractured bone that heals normally. When an injury is severe enough that a person dies, compensation can be used to cover funeral expenses and payouts to the family.

When you invest in a personal injury attorney, your chances of success increase. Our strong representation and compassionate legal counsel allow us to take on predatory insurance companies with skill and preparedness.

Why You Need a Personal Injury Lawyer

At the Branch Law Firm, we have experience handling many types of personal injury claims for clients in Las Cruces. We have assisted in securing damages for people who are in the midst of their recoveries so that they can dedicate their time and energy to their health. Our team advocates for clients in several ways, such as:

To learn how our personal injury attorneys can help you, we can discuss your case during a consultation.

FAQs:

What Is an Example of Personal Injury?

Some common examples of personal injuries we handle include but are not limited to:

What Is the Statute of Limitations for Personal Injuries?

The statute of limitations to file a personal injury claim is three years from the date when the injury occurred. Exceptions can be made if the injury is not discovered immediately, like when a small injury is exacerbated by later actions. To check for exceptions for your particular case, consult with an experienced personal injury attorney and share the facts of your case with them.

What Is the Meaning of Personal Injury Suit?

A personal injury suit occurs when an injured person begins a legal dispute to collect compensation from someone (an individual or an entity) who was at fault for causing them harm. Personal injury claims can overlap with claims like workers’ compensation, which might confuse your decision to pursue legal action. An attorney can help you weigh your options and decide on a course of action that suits your particular needs.

Is Discrimination a Personal Injury?

Discrimination is not a personal injury. However, its effects may lead someone to experience harm from another person. Discrimination by a medical professional may result in a lack of adequate care, which in turn can lead to physical injury. If this is the case, we can cite incidents of discrimination as evidence of fault. Even if discrimination is not a personal injury, the two can work together against an individual.

Contact a Personal Injury Lawyer in Las Cruces, New Mexico

When you are ready to discuss your claim with a Las Cruces personal injury lawyer, contact the team at the Branch Law Firm to schedule a consultation. We can discuss the next steps to securing compensation that satisfies your recovery needs.