What should I do immediately after being injured in an accident?
Get medical attention first — even if injuries seem minor. Document everything: photos of the scene, your injuries, and any property damage. Collect witness contact information and file a police report when applicable.
Never admit fault or give recorded statements to insurance companies before speaking with a lawyer. The sooner you contact a personal injury attorney, the better your chances of preserving key evidence.
How much does a personal injury lawyer cost?
Most personal injury lawyers work on a contingency fee basis — you pay nothing upfront. Attorneys typically take 33–40% of your final settlement or verdict. If you don't win, you owe no attorney fees.
Some costs, like filing fees or expert witnesses, may be billed separately. Always ask about the full fee structure during your first consultation.
How long do I have to file a personal injury claim in New Mexico?
New Mexico gives you three years from the date of injury to file most personal injury claims. If your claim involves a government entity, you must file a notice within 90 days.
Missing these deadlines usually means losing your right to compensation permanently. Don't wait.
What damages can I recover?
You may be entitled to:
- Medical expenses — past and future treatment costs
- Lost wages — income lost during recovery
- Pain and suffering — physical and emotional impact
- Property damage — repair or replacement costs
- Punitive damages — in cases of gross negligence or intentional harm
The value of your case depends on your injuries and how they've affected your life and livelihood.
How do I choose the right personal injury lawyer?
Look for an attorney with a proven record in cases similar to yours. Check settlements and verdicts, read client reviews, and verify their standing with the New Mexico State Bar.
During a consultation, pay attention to how they communicate. Ask who will actually handle your case day-to-day — and whether you'll have direct access to your attorney.
What if I was partially at fault?
New Mexico follows pure comparative negligence. You can still recover compensation even if you share some blame — your payout is simply reduced by your percentage of fault.
If you're 25% at fault on a $100,000 claim, you'd recover $75,000. An experienced attorney can help reduce your assigned fault percentage during negotiations.
How long does a personal injury case take?
Straightforward cases with clear liability can settle in three to six months. Cases involving severe injuries, disputed fault, or uncooperative insurers often take one to three years.
Key factors include the severity of your injuries, how long treatment lasts, and whether your case goes to trial.
Should I accept the insurance company's first offer?
Almost never. First offers are typically designed to close claims fast and cheap. Adjusters know unrepresented victims often accept far less than their case is worth.
A lawyer can assess whether an offer is fair and push for more. On average, represented clients recover significantly more than those who negotiate alone.
What evidence do I need for a strong case?
The strongest cases are built on:
- Medical records linking your injuries to the accident
- Police reports and scene photos
- Witness statements and contact information
- Proof of lost wages and out-of-pocket expenses
- Expert testimony for complex liability or medical issues
Start collecting evidence right away. Your attorney can help obtain records you can't easily access on your own.
When should I hire a personal injury lawyer?
If you have serious injuries, disputed liability, or multiple parties involved — hire a lawyer immediately. Also seek legal help if your claim is denied or the insurer's offer seems unreasonably low.
Even for minor cases, a free consultation can help you understand your rights and avoid mistakes that are hard to undo later.