Answer:
You file a New Mexico personal injury claim by contacting the at-fault driver’s insurance company and pursuing an insurance settlement or filing a civil suit. Injured parties should seek legal advice from an experienced personal injury attorney to protect their personal injury claim. They can explain your initial legal options, typically at no cost.
State-level civil laws determine the outcome of your injury claim, which apply according to the available facts and evidence. As such, no two cases are alike or follow the same procedures or timelines. Establishing liability is one of the biggest challenges when pursuing a personal injury claim in New Mexico.
In This Article
A northern New Mexico personal injury lawyer explains how to file a New Mexico personal injury claim via a three-step process. However, additional steps may apply to your situation, so you may want to skip directly to Step 2 first.
Step 1. Contact the At-Fault Party’s Insurer
If you were injured and think another party is at fault, you file the claim against their insurer since New Mexico is an at-fault insurance state. At-fault is a legal term that means the party who caused the accident injuries is financially liable. Keep in mind that the insurance company represents the insured, not you, meaning that they will mitigate their losses as much as possible.
While you are reporting your accident injury claim, be sure that you do not make any self-incriminating statements since they can be used against you later. No matter what they say, the insurance company paying your benefits does not always have your best interests at heart. If the insurance company does not cover your injuries or “low balls” your settlement, then contact a New Mexico personal injury attorney.
Related Article: 5 Misleading Things An Insurance Adjuster Might Say After An Accident
Step 2. Get Free Advice From a Personal Injury Attorney
Rarely is it ever the case that personal injury claims are black and white. Although you may legally handle things independently, it is challenging to negotiate a personal injury while physically and mentally recovering from an accident. Plus, attorneys have access to legal resources and possesses a strong command of the law that they can use to build your case.
Working with an attorney will also give you reassurance in knowing that your claim is handled by a legal professional with strong negotiation skills and experience dealing with insurance companies. They will also try to negotiate a settlement before filing a case in civil court. However, it does take a little time to reach one, especially when your injuries and future prognoses are still developing.
If you are concerned by how much a personal injury lawyer in New Mexico charges, take the time to find a contingency fee personal injury lawyer in New Mexico. Rather than paying a hefty retainer to a law firm upfront, a contingency fee arrangement allows you to pay for your legal expenses from your settlement or civil court award.
Related Article: How Much Does a Personal Injury Lawyer in New Mexico Charge?
Step 3. Negotiate a Settlement or Pursue a Civil Award
According to a U.S. Department of Justice study, only 3 percent of personal injury matters go to a jury trial. Settling out-of-court might keep your accident out of public record and allows you to move on with your life sooner rather than later. However, a meritorious case may fair better before a jury of your peers than settlement.
If you cannot reach a satisfactory settlement with the insurance company, your attorney may recommend filing your case in civil court. They will advise you of your rights and obligation when going after a personal injury case in civil court. However, you will want to ensure that you act sooner rather than later since there is a statute of limitations on your ability to file a claim.
The statute of limitations is a civil deadline that determines how much time you have before forfeiting your right to personal injury damages. Missing this deadline will most likely result in a dismissal of your case, which is essentially having no opportunity at all. Your legal team will ensure that your case does not miss a single deadline or derail over other procedural or administrative errors.
How to Get No Cost Personal Injury Legal Advice
Personal injury attorneys must offer prospective clients an opportunity to learn about their legal options before hiring. Grano Law Offices, P.C. warmly welcomes severely injured parties, surviving family members, or other closely-related loved ones to call us for more information via a Free Case Evaluation.
In a no-obligation setting, you can determine if there is any available legal recourse for recovering an insurance settlement and what that might look like for you. Then, if you choose to hire us, we will not charge you anything to start working on your matter and only get paid when you win.
Our objective primary objective is to argue for EVERY penny you are owed, so that you have the money necessary to pay for future losses, medical bills, and mental anguish you’ve suffered.
Connect with Grano Law Offices, P.C. for a Free Case Evaluation
If you were recently injured in a New Mexico personal injury accident, contact Grano Law Offices, P.C. for a Free Case Evaluation now. Request yours today by calling (505) 426-8711 or by submitting your information through our contact form below. We offer convenient modes of communication and can make alternative arrangements if you’re unable to meet at our Las Vegas, NM office.
