Understanding the Personal Injury Claims Process in New Mexico

by | Aug 5, 2022 | Injuries | 0 comments

If you have suffered a personal injury from a sudden accident in New Mexico, you may be feeling understandably overwhelmed. Often, personal injury victims incur significant financial damages from their medical bills and extended time off of work. Injured in an accident caused by the negligence of another, you may have grounds to file a personal injury claim for your losses.

The skilled attorneys at Dominguez Law have extensive experience helping our clients hold negligent parties accountable and recovering compensation for their losses. Our attorneys will work with you to uncover every detail of your case and build a strong claim on your behalf. We are committed to helping you pursue the justice and compensation you deserve for the full extent of your losses.

What Are the Phases of a Personal Injury Claim in New Mexico?

While no two accidents or personal injury claims are exactly the same, they often follow similar steps. The following are the phases of a New Mexico personal injury claim:

Investigation Phase

After retaining the services of a skilled personal injury attorney, they will begin to investigate your accident. Your attorney can collect crucial evidence such as photographs, video footage, police reports, and witness testimonies to discover the cause of the accident and establish liability. Your attorney will also help you organize your medical bills and other accident-related expenses to determine the total value of your current and future losses.

Demand and Negotiation Phase

Once your claim is accurately valued, your attorney will send a demand letter to the negligent party’s insurance company. While many individuals assume that the insurance company has their best interests in mind, this is often not the case. Insurance companies will frequently attempt to offer accident victims the smallest amount possible for their injuries. Your attorney will assertively negotiate with the insurance company on your behalf to protect the total value of your claim.

Filing a Lawsuit

If a settlement cannot be reached in the negotiation phase, your lawyer will file a lawsuit against the negligent party’s insurance. All personal injury lawsuits must be filed within a legal time limit known as the statute of limitations. In New Mexico, the statute of limitations for personal injury claims is three years from the date of the accident. While this may seem like ample time, delays can happen. It is in your best interest to contact an attorney soon after an accident.

Discovery Phase

After the lawsuit is filed, the discovery phase will begin. During this phase, each attorney can request evidence from each other to build their case. Under New Mexico law, each attorney has 30 days to respond to this request. During discovery, your attorney can also collect depositions from expert witnesses to support your claim.

Mediation Phase

Following the discovery phase, both parties will have one more opportunity to negotiate a settlement before the case proceeds to trial. During mediation, each attorney will attend a confidential meeting with an impartial mediator to reach a fair settlement.

Civil Trial

If mediation is unsuccessful, your case will proceed to trial. At trial, each attorney will present their evidence to a jury, who will render the final verdict. Depending on the circumstances surrounding your case, your trial could take several hours or several months.

Consult With a Highly-Qualified Personal Injury Attorney at Dominguez Law

A personal injury accident can leave victims physically, emotionally, and financially burdened. If you have suffered a personal injury at the hands of someone else’s negligence, you deserve to have an experienced and dependable lawyer on your side. At Dominguez Law, our trusted attorneys understand the stress you are under and are committed to making the claims process as straightforward as possible. We are committed to fighting aggressively for your rights so that you can get your life back on track. To schedule a free consultation with one of our skilled attorneys, give us a call at (505) 850-5854 or complete our contact form today.

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