Las Cruces Personal Injury Attorney
Personal Injury in Las Cruces, New Mexico
When you or a loved one suffer a personal injury through no fault of your own, it is a difficult experience for the whole family. Personal injuries affect victims, both physically and financially. A call to the personal injury attorneys at The Fine Law Firm can help maximize your chances for a successful financial recovery and protect your legal rights.
At The Fine Law Firm, Our Personal Injury Attorneys Have:
- Extensive knowledge of personal injury law
- The skills and resources needed to fight major insurance companies
- The necessary drive and persistence to pursue a fair and just settlement for our clients
Call to schedule your free claim evaluation today. One of our Las Cruces personal injury attorneys will gladly sit with you and answer your most pending legal questions. Se Habla Español.
What a Las Cruces Personal Injury Attorney Can Do for You
At The Fine Law Firm, we want any compensation you receive after a personal injury to make you financially whole. That is why our skilled Las Cruces personal injury attorneys work tirelessly to build and present your personal injury case to the insurance company and the court if needed.
When you choose The Fine Law Firm to represent you, we will:
- Investigate your accident to identify the party, or parties, legally responsible
- Identify all insurance policies held by the liable parties
- Calculate your total economic loss from the accident
- Consult with you to determine the personal impact of your injuries
- Ensure you have any additional assistance and support you need
- Notify creditors and others of your accident and status
- Aggressively negotiate with the insurance company or companies
- File a personal injury lawsuit if no reasonable settlement is possible
We can take care of many critical aspects of your personal injury claim in Las Cruces, navigating the legal process for you while you rest, relax and focus on healing. Hiring one of our experienced personal injury attorneys can give you everything that you need for a strong claim to damages.
What is a Personal Injury Claim?
A personal injury is an injury caused by another person’s or company’s negligence. In a typical personal injury claim, the victim demands compensation from the negligent party’s insurance company. Some of the most common types of serious personal injury claims are as follows:
- Head injuries and traumatic brain injuries
- Back and spine injuries, including paralysis
- Broken bones and fractures
- Severe burns
- Lacerations and scars
- Internal injuries
- Permanent disfigurement or disability
- Emotional injuries
The causes of personal injury claims vary but often result from:
- Car accidents
- Commercial truck accidents
- Premises liability claims
- Medical malpractice
- Workplace injuries
These are all practice areas and injury types that we accept at The Fine Law Firm. We have been representing seriously injured clients in Albuquerque and throughout New Mexico since 1975. Combined, we have more than 100 years of experience in personal injury law. This means that we have what it takes to handle your case.
Do You Have a Personal Injury Case?
You may have grounds to file a personal injury lawsuit in New Mexico if one or more parties could have prevented your injury or illness. The basis for most personal injury claims is negligence. This is a legal theory that describes a failure to act in a reasonable manner. If negligence results in harm or injury to another person or party, the negligent party may be held liable for failing to prevent the accident. Liability means that the at-fault party will be legally and financially responsible.
As an injured party, or plaintiff, in a personal injury claim, you or your lawyer must prove negligence with evidence of four main elements:
- Duty of care. An obligation to act with a reasonable amount of care.
- Breach of duty. The failure to meet the accepted duty of care, either carelessly or knowingly.
- Causation. A connection between the defendant’s actions and the accident.
- Damages. Compensable losses experienced by the victim.
Proving a personal injury claim requires a preponderance of the evidence. This evidentiary burden of proof means that you need enough evidence to demonstrate that the defendant you named is more likely than not to have caused your accident. An attorney from The Fine Law Firm can help you prove your case by investigating your accident and gathering clear and convincing evidence of fault.
Who Is Responsible for Your Accident and Injuries in Las Cruces?
The answer to this question will depend on the circumstances of your accident. In general, the person or party most at fault for causing your accident will be liable. If you were injured in a car accident by a distracted driver, for example, the driver (or his or her insurance company) would be liable for your medical bills and property repairs. Common liable parties in personal injury lawsuits in New Mexico are:
- Trucking companies
- Property owners or landlords
- Pet owners
- Employers or businesses
- Doctors, hospitals or other health care practitioners
- Product manufacturers
Naming more than one party as the defendant in your personal injury claim can increase the odds of receiving fair and full financial compensation. More defendants mean more insurance coverage available to pay for your losses. At The Fine Law Firm, we will thoroughly investigate your accident to search for all responsible parties.
Compensation for a Personal Injury Claim
While all personal injury claims are different, many contain the same damage requests. The kinds of compensation generally demanded in personal injury claims are:
- Medical bills
- Lost income
- Property damages and loss
- Renovations to a home to accommodate injuries
- Loss of quality of life
- Mental and emotional trauma
- Scarring or disfigurement
- Loss of consortium and companionship
- Wrongful death
There are exceptional cases where the court awards punitive damages. Punitive damages are rare and meant to punish a negligent party for reckless disregard of others or heinous acts.
How Much Is Your Case Worth?
The value of your case is something that must be discussed with a personal injury lawyer. Every case is unique; no set amount is awarded to every injured individual. The value of a case varies according to related factors, such as the severity of the victim’s injuries and how much insurance coverage is available to pay for losses. Some plaintiffs receive six- and seven-figure results for catastrophic injuries, while others receive far less. The only way to determine how much your case is worth is with an in-depth evaluation from an attorney.
At The Fine Law Firm, we know that money cannot make everything better after a serious accident or injury in Las Cruces. However, we also understand the financial strain that can come with an injury, especially one that will require future medical care such as physical therapy or rehabilitation. We hope that a successful settlement or jury verdict can allow you to pay your bills and give your family greater peace of mind about the future. Our attorneys never guarantee results, but we do promise to work relentlessly for the best possible results.
How Does a Personal Injury Claim Work?
If you are considering filing a personal injury lawsuit in New Mexico, learning more about the process ahead can help you better prepare yourself and your family. Our lawyers will do everything that we can to make the legal process as simple and stress-free as possible. We will take care of our side of things so that you can focus on your future. We can walk you through each step of a claim, including:
- Investigation. We will investigate your accident and collect any evidence of negligence on your behalf.
- Filing the insurance claim. If we believe someone else was responsible for your injuries, we can help you with the insurance process.
- Settlement negotiations. We will accurately evaluate your claim and help you negotiate with an insurance claims adjuster for a fair settlement.
- Mediation or arbitration. If necessary, we can arrange mediation or arbitration to resolve your legal matter – two forms of alternative dispute resolution.
- Personal injury trial. If an insurance company is not cooperating, we will take your case to trial. However, most personal injury lawsuits successfully settle.
The timeline of your personal injury case will depend on factors such as whether you settle or go to court, as well as how long it takes you to reach your point of maximum medical improvement. A settlement can take just a few months, while a court trial may take one year or longer. If you have further questions about the legal process surrounding a personal injury claim in Las Cruces, our attorneys can help. We will tailor our legal services to your unique needs.
What Is the Time Limit on Filing a Personal Injury Claim in New Mexico?
New Mexico has a law in place that encourages injured accident victims to come forward with their legal lawsuits as soon as possible. This law, known as a statute of limitations, is meant to make the justice system fairer for all by requiring plaintiffs to file before the destruction of important evidence occurs.
The time limit for most personal injury lawsuits in New Mexico is three years from the date of the accident. If you don’t discover your injuries immediately, however, you may have three years from the date of injury discovery, instead. With only a few exceptions, if you fail to file your personal injury lawsuit before New Mexico’s statute of limitations, the courts will refuse to hear the case.
You may have more or less time than this in a special scenario. For example, if you wish to bring a lawsuit against a government entity, you will only have two years to do so. If your lawsuit involves an injury to a minor, on the other hand, you have until the minor’s 19th birthday to file or 3 years from the accident – whichever gives the minor more time to act. The safest way to ensure that you file on time is by consulting with a Las Cruces personal injury lawyer as soon as possible after an accident.
How Much Does a Personal Injury Lawyer Cost?
At The Fine Law Firm, we believe in keeping legal fees reasonable so that all victims of negligence can receive the high-quality legal representation that they deserve. We are always honest, upfront and straightforward about how much we charge so that you can feel confident in the decision that you make. Our law firm operates on a contingency fee basis, meaning that you won’t pay an attorney’s fee if we do not secure a financial recovery on your behalf.
If we succeed in achieving a positive settlement or jury verdict for you, we will charge our fee as a percentage of the total recovery. This is another way in which our law firm is unique; while more and more law firms are charging 40 or even 50 percent of the case value, our fees are never more than 33.33 percent (one-third of the case’s value). This is true even if it takes a long time to resolve your case. Plus, if you are an active-duty military member or first responder, you will receive a 10-percent reduction of our total attorney fee.
In addition, we make sure that we never receive more than our clients. We provide fee refunds. This means that, if necessary, we will refund 100 percent of your fee to make sure that you recover more than your lawyer. We also have a 30-day satisfaction guarantee; if you aren’t satisfied with our work for any reason within 30 days of us taking your case, you can cancel your representation and we will not charge you. If you have further questions about how much our services cost, contact us for a free in-depth consultation.
We Can Help – Contact Us Today
To find out if your personal injury claim is valid and what possible legal actions you have available, call The Fine Law Firm. Our consultation is free, and there are no upfront fees. Our attorneys have a track record of success and want to speak with you. We also serve clients located across New Mexico including Santa Fe, Albuquerque, Las Cruces, and Roswell.