Roswell Personal Injury Attorney
Personal Injury in Roswell, New Mexico
When you or a family member suffer harm through the negligence, recklessness, or intentional acts of another, you may seek compensation for your injuries and losses. The dedicated and experienced Roswell personal injury attorneys of The Fine Law Firm are available to represent you and help you move forward with your life.
The Legal Team At The Fine Law Firm Is:
- Skilled and respected personal injury attorneys
- Deeply compassionate towards our clients and community
- Committed to recovering the maximum compensation available to our clients
Our attorneys are always trial-ready, and insurance companies know we never back down. The Fine Law Firm has the necessary resources to pursue the most complex personal injury claims. Contact us today and schedule your free case evaluation.
What a Roswell Personal Injury Attorney Can Do for You
There are several reasons to hire an experienced personal injury attorney, like those at The Fine Law Firm, to represent you and your legal claim. A New Mexico personal injury attorney will know how to build and strengthen your claim, deal with insurance companies, and navigate the legal system.
A personal injury attorney is aware of how much your claim is worth and how to ensure you receive the compensation you need for any bills, repair costs, or wage losses following an accident. Additionally, at The Fine Law Firm, our locally-based personal injury attorneys will do the following on your behalf:
- File a personal injury claim with all the parties involved
- Negotiate for a favorable settlement offer with the insurance company(s)
- File a lawsuit with the court if negotiations prove unsuccessful
- Litigate your case in court
At The Fine Law Firm, we never charge any upfront costs and only get paid when we recover compensation for you. This is called a contingency fee basis, and it ensures that high-quality legal representation is affordable for accident victims. If we don’t win your case, you won’t pay. If we do collect financial compensation, our fees will be deducted directly from the settlement or judgment award won. Call and learn more about our client services today.
What Is a Personal Injury Claim?
To have a personal injury claim, a victim must prove that another person or entity created a dangerous situation or allowed a dangerous situation to persist, and that situation caused the victim’s injuries. In legalese, this is known as negligence. Negligence means that an individual has failed to act with the amount of care that is reasonable or acceptable for the situation. If there is clear and convincing proof of negligence in connection to someone else’s injuries, the negligent person or party can be held financially responsible for the accident.
There are four elements of proof in a negligence claim:
- Duty of care: an obligation to use a normal amount of care based on the circumstances.
- Breach of duty: an act or omission that falls short of the defendant’s duty of care.
- Causation: proof that the breach of duty was the proximate (main) cause of the plaintiff’s injuries.
- Damages: compensable losses that were suffered by the plaintiff because of the accident.
The burden of proof in an injury claim is a “preponderance of the evidence,” or enough clear and convincing evidence to establish that the defendant is more likely than not responsible for the plaintiff’s injuries. Although this burden of proof is less than the standard of “beyond a reasonable doubt” in criminal cases, it is still difficult to meet. An attorney can help you gather enough evidence to establish a personal injury case in Roswell.
Common Personal Injury Claims and Injuries in Roswell
A personal injury lawsuit can arise out of many different incidents, accidents and circumstances that result in injuries or deaths. However, certain types of accidents lead to injury claims in Roswell more often than others. Some of the most common personal injury claims involve:
- Car accidents
- Truck accidents
- Premises liability, including slip and falls
- Workplace accidents
- Medical malpractice
- Wrongful death claims
The following are injuries often associated with personal injury claims:
- Brain injuries and traumatic brain injury (TBI)
- Head and neck injuries
- Back injuries
- Spinal cord injuries
- Broken bones and fractures
- Internal organ damage
It is important to find a personal injury attorney in Roswell with experience handling your type of case and injury. This can ensure that the lawyer has what it takes to successfully resolve your claim and obtain the best possible results. The Fine Law Firm has years of experience with all types of accidents and injuries and a 99 percent case success rate.
What Is the Time Limit to File a Personal Injury Claim in New Mexico
According to New Mexico Statutes 37-1-8, a legal action for an injury to an individual must be brought within three years. This is known as the statute of limitations, and it is a legal deadline on an individual’s right to file a personal injury claim. With only a few exceptions, the courts will refuse to hear a personal injury case that is filed after the statute of limitations expires. This is why it is critical to contact an attorney about a potential claim as soon as possible in Roswell to avoid missing your deadline.
New Mexico’s Personal Injury Laws
In addition to the statute of limitations, there are other laws and rules that you should know as a personal injury plaintiff in New Mexico. Successfully navigating these laws is necessary if you wish to obtain financial compensation for your injuries and losses. If you do not wish to navigate these laws on your own, you can hire an attorney for assistance. Below are three basic state laws that might affect your injury claim:
- Shared fault. Shared fault, also known as comparative or contributory negligence, could reduce your financial compensation. Under the state’s pure comparative negligence law, a victim’s settlement value can be reduced by his or her percentage of fault. With this law, there is no limit on a plaintiff’s degree of fault. In a modified comparative negligence state, a plaintiff’s fault is often capped at 49 to 51 percent, after which the plaintiff cannot recover any compensation.
- Damage caps. A damage cap is a law that limits the amount of money available to a plaintiff who files a personal injury case. In New Mexico, there is only a damage cap on medical malpractice claims. This cap is a maximum of $600,000 in financial compensation. However, this cap does not include the cost of past and future medical care. It also does not include punitive damages, or damages awarded to punish a defendant for gross negligence.
- Dog bite liability. Most states abide by either a strict liability law or a one-bite rule for cases involving dog attacks. New Mexico, however, does not have a specific dog bite injury statute. Most cases are based on the standard legal theory of negligence; they argue that the owner of the dog was negligent or careless and should have known the animal was dangerous. This is similar to a one-bite rule.
These are only three of the many personal injury laws in New Mexico that may apply to your case. Instead of dealing with complicated state and municipal laws on your own, hire a personal injury lawyer in Roswell to handle the legal legwork of your case for you. Your lawyer can list the laws that are relevant to your case and explain them to you without confusing legal jargon.
How to Deal With an Insurance Company After an Accident in Roswell
When you file a personal injury claim, the legal dispute is typically between you and the defendant’s insurance company, not the defendant. This is why it is important to hire an attorney; an insurance corporation is a powerful adversary that has resources and an aggressive legal team to fight against your claim. Shortly after you file a claim, you will receive a phone call from someone known as the insurance claims adjuster. Here’s what you need to know about dealing with a claims adjuster:
- The adjuster is not on your side. Although he or she may sound friendly, the claims adjuster is hired to save the insurance company as much money as possible on your claim. Be careful what you say during conversations with the claims adjuster. You should remain polite, but do not give away more information than is necessary.
- Do not admit fault. Never apologize for the accident or admit that you contributed to your injuries in any way. An insurance company can use this to deny your claim altogether, although you may still be eligible for financial compensation even with partial fault. Speak to a knowledgeable attorney before giving detailed information about your accident to the adjuster
- You do not need to give a recorded statement. The recorded statement is a tactic an insurance company may rely upon to use your own words against you later. If the adjuster says a statement is necessary to continue processing your claim, politely explain that you will be submitting a written statement later after speaking to a lawyer.
- Do not sign anything sent to you by an insurance company without bringing it to an attorney first. Before signing your name on any documents sent to you by an insurance company – such as a medical authorization release form or a release of liability waiver – bring it to an attorney for review. Once you accept a settlement, you typically cannot reopen your case.
If you don’t feel comfortable negotiating with an insurance claims adjuster yourself, you can hire an attorney to do so for you. A personal injury lawyer will know exactly how to go up against an insurance company to demand fair financial compensation for the full extent of your injuries and losses. You can trust a lawyer to fight for optimal case results on your behalf; unlike an insurance claims adjuster, your attorney will work for you, not an insurance carrier or a third party.
Do All Personal Injury Cases Have to Go to Court?
No. The majority of personal injury cases in New Mexico do not go to court or require full trials with juries. They are most often resolved with settlements that are achieved between the claimant and the defendant (or insurance company). A settlement does not require a trial, although it may involve alternative dispute resolution, such as mediation or arbitration. These meetings are less formal than a court trial and can allow both parties to remain in control of the outcome of the case.
Reaching a settlement is typically desired by both parties, as it is faster and cheaper than a personal injury trial. However, if an insurance company refuses to offer a settlement that is reasonable and appropriate for your losses, your lawyer may opt to take your case to trial in Roswell to demand fair compensation. This is why it can help to hire a trial attorney with experience going up against insurers in court. An insurance company is often willing to offer a higher settlement to avoid a trial when faced with an attorney with courtroom capabilities.
Compensation for Personal Injury Claims
It is important to understand the value of your claim before you accept a settlement from an insurance company. An insurer may try to devalue your losses and offer less compensation than you deserve. The damages available in a personal injury claim depend primarily on the victim’s injuries and prognosis for recovery. Personal injury damages regularly include:
- Medical expenses
- Personal property damages
- Lost wages
- Lost future income
- Physical pain and suffering
- Emotional and mental trauma
- Loss of consortium
- Wrongful death losses in the event of a fatality
A victim may get a punitive damages award from the court. Punitive damages are a rare kind of damages awarded to victims. The court uses punitive damages to punish a negligent party for gross negligence or intentional harm to a victim.
Get In Touch With The Fine Law Firm As Soon As Possible
Victims should never pay for injuries inflicted by someone else’s negligence, and the attorneys at The Fine Law Firm want to help ensure anyone who hurt you is held responsible. Let our personal injury attorneys review the facts of your case and calculate a full and fair compensation amount for your claim. Call our office to schedule your claim evaluation today.