People who have been harmed as a result of someone else’s careless or reckless actions may find their lives changed overnight. The compassionate accident lawyers at Dominguez Law Firm, LLC are dedicated to serving individuals in Albuquerque who have been injured because of negligence by others. Our lawyers take the time to learn about our clients and their needs before acting as capable guides through the entire legal process. Proud of our reputation for ethics and integrity, we are committed to asserting your right to the relief you deserve for the harm you have suffered. Whether you or someone you love has been injured as the result of an automobile accident, medical malpractice, a defective product, or a workplace incident, we are ready to advocate for you.Protect Your Rights by Seeking Compensation
Certain legal requirements must be met before you can recover compensation for your harm. Usually, a personal injury case is brought as a claim for negligence, or the failure to act reasonably under the circumstances.
To proceed with a negligence lawsuit in New Mexico, an accident victim must prove four elements. The first is the existence of a duty of care. This is usually defined as an obligation to act in a reasonable manner, but it can vary in some specialized settings. It also must be shown that there was a breach of the duty and that the victim’s harm was caused by the breach. The causation element requires showing both that the injuries were a direct result of the defendant’s careless conduct and that they were reasonably foreseeable. Finally, the victim must identify quantifiable damages that stemmed from the harm. These can be economic, such as medical bills and lost wages, or non-economic, such as pain and suffering.
New Mexico follows the principle of “comparative fault” in negligence cases. This means that liability is apportioned according to each party’s percentage of responsibility in causing the harm. Comparative fault is used when there are claims that multiple people may have been responsible for an injury. A possible example is when a car accident involves two vehicles, and each driver feels the other is responsible. If the case goes to trial and a jury determines that one person is 30% at fault for the crash, he or she can recover up to 70% of the total damages from the other. In this way, New Mexico courts allow a victim to obtain at least some compensation even though he or she may have also been negligent to some extent.
There is a strict time limit for filing a personal injury lawsuit. Under New Mexico law, this type of claim must be brought within three years after the accident that caused the harm. However, there are some situations when an individual may not discover that he or she suffered injuries until a later date. When that happens, the time period does not begin to run until the date when the victim discovers or reasonably should have discovered the harm. This area of the law is complex and requires careful analysis. A qualified attorney can help you determine whether you have a claim. If you fail to file suit within the three-year time window, you likely will lose the right to pursue the compensation you deserve.Consult a Dedicated Albuquerque Lawyer for Your Injury Claim
You cannot always prevent or avoid another person’s negligence, but you have the right to take legal action when it harms you. If you have been hurt near Albuquerque, consider seeking the advice of the skilled injury attorneys at Dominguez Law Firm, LLC. Our lawyers will use cutting-edge technology and years of experience to protect your rights. Call today at (505) 850-5854 or contact us online for a free initial consultation.