Insurers are focused on how much they pay for covered injury claim settlements. As such, New Mexico’s civil laws impose specific rules on how they should handle the payment of claims. Preparing for the claims process might offer substantial advantages and opportunities when undertaken with legal advice from an attorney.
Las Vegas injury lawyer, Marc A. Grano of Grano Law Offices, P.C., shares seven general tips for protecting NM injury claims. We wrote this post for accident injury victims and concerned family members who want more information about their legal rights when negotiating a settlement.
Tip #1. Certain Elements Decide Your Case’s Outcome
Achieving a fair resolution after an accident injury lies in the details of a case. Insurers have the right to question all involved parties and the facts they present therein. As such, liable insurers will investigate the circumstances to avoid unnecessarily overpaying claim amounts.
The main elements that affect the outcome include:
- Liability
- Damages
- Negligence
The parties can argue and negotiate their side of the story. However, this effort will require you to prove your claims with physical evidence, demanding investigatory and legal resources coupled with a knowledge of injury laws and how they apply to your situation. Avoid making self-incriminating statements to insurers and get advice from a New Mexico accident lawyer.
Tip #2. Remain Patient and Persistent
Insurers may try to reduce their liability by arguing New Mexico’s comparative negligence rule. This rule states that they are only liable for the amount of damages caused by their insured’s degree of fault, measured as a percentage. For example, if the insurer’s policyholder was 70 percent at fault and you at 30, you will only recover 70 percent of your losses.
As such, this law allows for a significant negotiating room, especially when the facts seem unclear. Serious injuries and wrongful deaths may also prompt insurers to review your claim carefully. An accident injury attorney can handle settlement negotiations and respond to low settlement offers on your behalf.
Tip #3. Organization is Helpful
An injury settlement negotiation, like any other legal action, necessitates abundant proof to substantiate your claims. However, it can be challenging to preserve evidence under New Mexico’s Criminal Procedure Rules. Typically, the conversation steers your tactics but executing an effective strategy may require a more aggressive and proactive approach from a legal professional.
The most helpful thing that you or an organized loved one can do is assemble a personal injury file that includes the following:
- Accident scene photos & videos
- Copies of accident reports
- Copies of police reports
- Eyewitness names
- Injury photos & videos
- Insurance communications
- Insurance information
- Out-of-pocket medical expenses
- Physician’s notes
- Other relevant information
This initial documentation may or may not be easy for you to obtain, depending upon your or your family member’s condition. Your attorney will be more than willing to get the missing evidence and documentation if you cannot do so.
Tip #4. Know Your Worth
An injured party can seek compensation for financial and non-financial damages allowable under New Mexico personal injury rules. Not fully accounting for all losses can result in an inadequate settlement, thereby leaving you with out-of-pocket expenses and damages caused by the at-fault individual.
Here is a quick look at how each type of injury compensation works:
- Financial damages: Compensation for the actual cost of harm, including medical expenses, lost wages, medical equipment, and travel to and from the doctor’s office. They are usually quantifiable but may still be challenging to calculate.
- Non-financial damages: This type of award includes pain and suffering, emotional distress, humiliation, loss of companionship, and lost enjoyment of life. Non-economic damages are typically determined by the severity of your injuries and financial losses.
When negotiating settlements with insurance adjusters, personal injury attorneys consider these losses. In contrast, insurance adjusters may argue that the expenditures are neither relevant nor reasonable. Always follow your attorneys’ advice during the negotiation process if you choose to hire one.
Tip #5. Be Aware That It Is a Process
Every accident injury claim is different, meaning that the timeline of your case will vary according to your case’s specific facts. However, if you are serious about receiving a fair outcome, the negotiation process generally looks like this:
- Step 1. Continue recommended medical treatment
- Step 2: Obtain the representation of an accident injury attorney
- Step 3. Help us understand your case and gather evidence
- Step 4. File the insurance claim
- Step 5. Receive a response
- Step 6. Continue negotiations through your attorney
- Step 7. Reach an agreement
- Step 8. File a complaint in court (if necessary)
The ideal outcome is receiving compensation commensurate with your losses and prescribed under the law. Note: while this process often takes several months, it might take many years if you decide to go to court. Cases rarely reach this stage, but it may be the best option in some matters.
Tip #6. Recognize the Signs of Bad Faith Acts
In New Mexico, insurers are prohibited from engaging in specific bad faith practices. A violation could result in an additional claim against their company but increase your total award. As such, note any signs of bad faith actions by the insurer.
Under NMSA § 59A-16-20, insurers may not engage in any of the following:
- Misrepresenting relevant facts or policy provisions on coverage
- Failing to act promptly or implement standards for processing claims
- Not affirming or denying coverage within a reasonable period
- Paying an unfair or inequitable settlement
- Not settling catastrophic injury claims within 90 days
- Not providing a reason for a settlement claim denial or reduction
- Not handling your claim within reasonable time limits
- Other forms of bad faith under the law
If you believe an insurer is acting in bad faith, you may have a separate claim against them. This can lead to damages more significant than the compensation you receive for the accident.
Tip #7. Injury Lawyers Often Give Legal Advice at No Cost
Discussing a catastrophic injury or wrongful death case with a personal injury lawyer is helpful if you have questions and need legal advice. The New Mexico Rules of Professional Conduct allow attorneys to take personal injury matters on a contingency fee basis per Rule 16-105.
The rule allows us to benefit our clients by:
- Providing free injury case evaluations
- Not requiring advance payments or retainers
- Offering more financial flexibility when losing wages
- And only getting paid when our clients win
We understand the importance of handling highly complex matters meticulously and carefully. A New Mexico injury firm will uphold and assert your civil rights while introducing effective case strategies that achieve the deserved results. This approach lets you focus on your physical recovery while knowing that a legal professional is negotiating a settlement for your losses.
Remember: accepting an insurer’s proposed settlement offer prevents you from claiming future compensation for newly discovered damages and injuries. Always get legal advice to determine if they are offering a fair amount.
Instead of struggling with insurance companies, allow an injury attorney to pursue a favorable outcome on your behalf. A reasonable civil award could pay for your medical costs, lost work wages, mental anguish, and punitive damages caused by a negligent party.
Call Grano Law Offices, P.C. for Your Free Case Evaluation Now
New Mexicos laws protect your legal rights after negligent accident injuries. Our founder and lead personal injury attorney, Marc A. Grano, welcomes you to call Grano Law Offices, P.C. at (505) 426-8711 for your schedule of a Free Case Evaluation. You can also message us privately and directly about your case via the secure contact form below.
