If you have suffered from a personal injury, financial compensation cannot erase your pain and suffering, or replace time lost with your family, or help you regain time lost living your usual life. However, understanding personal injury claims could help you to acquire the reparation you need to recover from the financial losses impacting you and your family.
Personal Injury Claims Defined
A personal injury can either be to your physical body or to your reputation. You may have been in a car, construction, oil/gas field or other workplace accident. Perhaps you suffered a slip and fall or sustained other injuries due to the negligence of a person, company or governmental entity.
You Have a Limited Time to File
Whatever the reason, in New Mexico, you only have three years from the date of an accident or personal injury incident to file a case in court. After that time, you may lose your chance to bring the case to court.
If your property was damaged during a personal injury incident, you have a slightly longer time to file a claim for loss of that property: four years.
Comparative Negligence
When you are claiming a personal injury, it matters who is responsible for that injury. One person may be at fault, or many people may be responsible for the injury.
New Mexico adheres to something called the “Comparative Negligence Rule” when determining who might be responsible for an injury. In pure a Comparative Negligence state like New Mexico, a judge or a jury will determine if you are partially at fault for the injury and/or if other parties are at fault and to what degree.
For example, if you are found 20 percent at fault for an injury or accident and another party is found 80 percent at fault and damages are $50,000, you could be entitled to collect $40,000 and the other party could be entitled to collect $20,000 in damages.
Medical Malpractice
New Mexico places a limit on personal injury medical malpractice suits of $600,000. If you seek damages past actual compensation and want to pursue punitive damages or costs for future medical care, you may be entitled to a greater amount of compensation. Punitive damages are awarded to punish wrongful acts like gross negligence, intentional harm or recklessness.
Government Employees or Agencies
In New Mexico, you only have 90 days to file a personal injury claim against a government employee or agency.
Compensation Available
Through a personal injury claim, you may be able to recover compensation for:
- Property damages
- Rehabilitation
- Medical equipment
- Cost of a caregiver
- Los of earning capacity and future wages
- Lost current wages
- Past, present and future medical expenses
We are Dedicated to Your Interests
The Law Office of Erlinda Ocampo Johnson has obtained millions of dollars in compensation for personal injury sufferers and their families. Contact us today to schedule a free, no obligation consultation. We will review your claim to determine if you have a case. There is absolutely no risk to discover if you may be entitled to compensation.
When you work with the Law Office of Erlinda Ocampo Johnson, you gain the help of a skilled attorney who has intricate knowledge of personal injury laws, plus years of experience working with insurance companies and courts. Ms. Johnson will passionately advocate for fair and accurate results on your behalf.
