What should I look for when choosing a personal injury lawyer?
Focus on three key factors: experience, track record, and communication style. Experience means finding someone who regularly handles cases like yours - whether it's car accidents, slip-and-falls, or medical malpractice. Check their case results and settlement amounts, but remember that past success doesn't guarantee future outcomes. Finally, choose a lawyer who explains things clearly and returns your calls promptly.
Consider these practical points:
- Free initial consultations (most personal injury lawyers offer this)
- Contingency fee structure (you only pay if you win)
- Resources to handle complex cases
- Trial experience if settlement negotiations fail
How much does a personal injury lawyer cost?
Most personal injury lawyers work on contingency, meaning they take 33-40% of your settlement or verdict. You pay nothing upfront and nothing if you lose. The percentage often increases if your case goes to trial.
Additional costs might include:
- Filing fees
- Expert witness fees
- Medical record requests
- Deposition costs
Some firms cover these expenses and deduct them from your settlement. Others require you to pay as you go. Always clarify this during your first meeting.
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 lawsuits. This statute of limitations applies to car accidents, slip-and-falls, and most other injury cases.
Important exceptions:
- Claims against government entities: must file notice within 90 days
- Medical malpractice: three years from injury or one year from discovery (whichever is shorter)
- Wrongful death: three years from the date of death
Missing these deadlines usually means losing your right to compensation forever. Contact a lawyer soon after your injury to avoid problems.
What's my personal injury case worth?
Case value depends on your damages: medical bills, lost wages, and pain and suffering. Economic damages (bills and lost income) are straightforward to calculate. Non-economic damages (pain, emotional distress) vary widely based on injury severity and life impact.
Factors affecting compensation:
- Permanent disability or disfigurement
- Future medical needs
- Age and occupation
- Clarity of fault
- Insurance policy limits
Beware of quick settlement offers from insurance companies. They're usually lowball attempts before you know your injury's full extent.
How do I compare personal injury lawyers before hiring one?
Start by checking State Bar records for disciplinary actions. Then compare specific qualifications: years practicing personal injury law, jury trial experience, and professional recognition from organizations like Super Lawyers or Best Lawyers.
Ask each lawyer these questions:
- How many cases like mine have you handled?
- What were the outcomes?
- Will you personally handle my case or pass it to junior staff?
- How do you communicate case updates?
- What's your honest assessment of my case?
Red flags include guaranteeing specific amounts, pressuring immediate signing, or requiring upfront payment.
Should I talk to the insurance company before hiring a lawyer?
No. Insurance adjusters work to minimize payouts, and anything you say can hurt your case. Even innocent statements like "I'm fine" or "I didn't see them coming" become ammunition against you.
Instead:
- Report the accident to your own insurance
- Decline to give recorded statements to the other party's insurer
- Don't sign any documents from insurance companies
- Let your lawyer handle all insurance communications
Insurance companies have teams of lawyers protecting their interests. You need someone to protect yours.
What if I was partially at fault for my accident?
New Mexico follows pure comparative negligence rules. You can recover damages even if you're 99% at fault, but your fault percentage reduces your compensation. If you're 30% at fault for a $100,000 case, you'd receive $70,000.
Insurance companies often exaggerate the extent of your fault to pay less. A skilled lawyer can:
- Investigate the actual cause
- Challenge fault determinations
- Negotiate fair fault percentages
- Maximize your recovery despite a partial fault
How long does a personal injury case take?
Most cases settle in 6-12 months. Complex cases or those going to trial can take 2-3 years. The timeline depends on injury severity, liability disputes, and court schedules.
Typical progression:
- Investigation and treatment (2-6 months)
- Demand and negotiation (2-4 months)
- Filing lawsuit if needed (adds 12-24 months)
- Trial if no settlement (adds 6-12 months)
Rushing settlement before finishing medical treatment often means accepting less than you deserve. Patience usually pays off.
