Los Lunas Personal Injury Lawyer
When a reckless or careless person, business, or government entity fails to act in a manner that a reasonable person would in a similar situation to prevent causing harm, they can be held liable for damages. This means individuals hurt by a negligent party can hold them financially responsible for their actions and recover compensation with the help of a personal injury attorney that helps alleviate the financial burdens incurred by the harm they suffered.
Unfortunately, recovering fair compensation is more complex than you may think. Whether it is the insurance company or the party themselves, they are never eager to fairly compensate the injured claimant. At Dominguez Law, our Los Lunas personal injury lawyers aggressively pursue the compensation our clients are entitled to, regardless of how complex the case may seem. Protect your right to fair compensation by contacting our firm today.
What Is Considered a Personal Injury Case?
Personal injury refers to the harm a person suffers due to another person’s or entity’s negligence. For negligence to be established, the following elements must be present:
Duty of Care
Duty of care refers to the legal obligation that individuals, companies, and government agencies have to practice to prevent causing physical, emotional, or financial harm to another person.
For instance, property owners are legally required to keep their property reasonably safe, or at least provide proper warning if there is a potential hazard on the premises that they are in the middle of fixing. Drivers, pedestrians, cyclists, commercial truck drivers, and everyone else on the road also owe each other a duty of care. They must follow traffic laws and regulations and drive in a way that actively prevents causing harm.
Duty of care is the legal link that gives ground for legal action. To pursue a personal injury case, the party who the claim is being filed against must have owed the claimant a duty of care at the time of the harm suffered.
Breach of Duty
When a driver fails to follow traffic laws, this behavior breaches their legal duty to exercise reasonable care. Another example is when property owners who do not fix broken elements on their premises that are a danger also fail to exercise reasonable care.
A breach of duty of care is behavior that places a person in danger that a reasonable person exercising care would not have done. This behavior is the negligent action that gives rise to a personal injury claim.
Often, a property owner having a broken railing is not enough to file a personal injury case (although it is probably a violation of another regulation). For a personal injury case to be valid, the breach of duty must be the direct reason or must have significantly caused the injuries and related losses that the claimant suffered. Proving causation often means establishing that if not for the breach of duty, the claimant would not be injured or suffer any other losses.
If the railing was not broken, then the claimant would have been reasonably safe on the balcony. However, because the railing was broken, the claimant fell and was injured. It is the cause and effect that allows for a personal injury to be filed.
In personal injury, damages can be used to refer to the injury and other losses the claimant suffered and to the monetary compensation they may receive through a successful claim. In a personal injury case, damages must be proven to exist, and it must be established that the claimant’s damages require the amount in compensation that they are asking for.
As the claimant, you must be able to prove that you have suffered harm and that the harm is directly linked to the negligence of the party you are filing the claim against. Furthermore, you must be able to prove that your injuries and other losses are worth the amount of compensation you are fighting for.
Shared Fault in New Mexico Personal Injury Cases
In New Mexico, comparative fault laws apply when the injured person is found to share some degree of legal responsibility for the accident or even the injury they sustained. Under comparative negligence, the damages an injured person can receive are reduced by the percentage of fault assigned to them.
Courts in New Mexico are required to apply the modified comparative negligence fault rule when there is fault shared in a case. However, this rule can also be applied and brought up by insurance adjusters during settlement negotiations.
Damages That Are Capped in New Mexico
Many states tend to place caps on damages in various personal injury cases. These caps often limit non-economic or economic damages in certain cases. New Mexico is a state that caps medical malpractice damages, and they are capped at $600,000. The cap does not include punitive damages or costs for past and future medical care.
Find an Experienced Los Lunas Personal Injury Lawyer at Dominguez Law
Whether you or a loved one has been injured as a result of someone else’s negligence, at Dominguez Law, our personal injury lawyers are committed to advocating for you. Our compassionate and aggressive Los Lunas personal injury attorneys take the time to learn about our clients before acting as their capable guides throughout the entire process. You cannot always prevent another person’s negligent actions, but you have the right to take legal action and hold them accountable.
Dominguez Law is dedicated to helping our clients reach the solutions they need to help them recover and move forward after such an unfortunate event. Our Los Lunas personal injury lawyers aggressively pursue our client’s right to fair compensation and will go the extra mile to ensure their best interests are protected. Contact our firm today to schedule a free consultation by calling (505) 850-5854 or by completing our contact form. Whether you speak Spanish or English, Dominguez Law is here for you.