What should I do immediately after being injured in an accident?
Your first priority is getting medical attention, even if injuries seem minor. Document everything: take photos of the accident scene, injuries, and property damage. Get contact information from witnesses and file a police report if applicable.
Never admit fault or give recorded statements to insurance companies without legal advice. Contact a personal injury lawyer as soon as possible to protect your rights and preserve evidence.
How much does a personal injury lawyer cost?
Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront. They typically take 33-40% of your settlement or verdict amount. If you don't win, you don't pay attorney fees.
Some costs, like filing fees or expert witness fees, might be separate. Always clarify the fee structure during your initial consultation.
How long do I have to file a personal injury claim in New Mexico?
New Mexico has a three-year statute of limitations for most personal injury claims. This deadline starts from the date of your injury. Claims against government entities require notice within 90 days.
Missing these deadlines usually means losing your right to compensation forever. Contact an attorney quickly to ensure you don't miss critical filing dates.
What damages can I recover in a personal injury case?
You can seek compensation for:
- Economic damages: Medical bills, lost wages, future medical care, property damage
- Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life
- Punitive damages: Rare, but possible in cases of gross negligence or intentional harm
The specific damages depend on your injuries and how they've impacted your life.
How do I choose the right personal injury lawyer?
Look for attorneys with specific experience in cases like yours. Check their track record of settlements and verdicts. Read client reviews and verify their standing with the State Bar.
During consultations, evaluate their communication style and availability. Ask about their case strategy and who will actually handle your case. Choose someone who makes you feel comfortable and confident.
What if I was partially at fault for my accident?
New Mexico follows pure comparative negligence rules. You can still recover damages even if you're 99% at fault, but your compensation is reduced by your percentage of fault.
For example, if you're 30% at fault for a $100,000 claim, you'd receive $70,000. An experienced lawyer can help minimize your assigned fault percentage.
How long does a personal injury case take?
Simple cases with clear liability might settle in 3-6 months. Complex cases involving severe injuries or disputed fault can take 1-3 years or longer.
Factors affecting the timeline include:
- Severity of injuries and length of treatment
- Insurance company cooperation
- Court scheduling if trial is necessary
- Complexity of liability issues
Should I accept the insurance company's first settlement offer?
Almost never. First offers are typically lowball amounts designed to close claims quickly and cheaply. Insurance adjusters know unrepresented victims often accept less than their cases are worth.
A lawyer can evaluate whether an offer is fair and negotiate for better compensation. Studies show that represented clients receive 3-4 times more compensation on average.
What evidence do I need for a strong personal injury case?
Strong cases require:
- Medical records linking injuries to the accident
- Police reports and accident scene photos
- Witness statements and contact information
- Documentation of lost wages and expenses
- Expert testimony for complex liability or injury issues
Start gathering evidence immediately. Your lawyer can help obtain records you can't access yourself.
When should I hire a personal injury lawyer?
Hire a lawyer immediately if you have serious injuries, disputed liability, or multiple parties involved. Also seek legal help if the insurance company denies your claim or offers an unreasonably low settlement.
Even for seemingly simple cases, a consultation can help you understand your rights and avoid costly mistakes. Most lawyers offer free initial consultations.
