How do I know if I have a personal injury case?

To recover damages as a consequence of an accident or criminal act, you must be able to answer several legal questions first.

• In New Mexico, you first have to prove that the person who caused the accident or criminal act owed you a duty to exercise care. Understanding your relationship with the person who caused you harm is an important first step for a lawyer to examine. 
• You next have to prove that the person who caused you harm breached the duty he or she owed to you. Determining how, when, and to what extent the person breached their duty to you is a critically important step that requires careful legal expertise. 
• After proving breach, you next have to prove that the person’s breach was a cause of your damages. While this question may appear simple, understanding the legal cause of your damages will require careful legal analysis.

How much is my personal injury case worth?

Predicting the trial value of any New Mexico personal injury case is nearly impossible. There are many factors that can affect the value of your case. Every case is different and your case value could vary depending on the specific facts and circumstances of your case. 

The value of your case depends on the nature and extent of your medical injuries, your pain and suffering, lost wages, loss of household services, and loss of enjoyment of life. An attorney can only give you a general idea of the value of your case based on cases he or she has handled with similar injuries and will not be able to predict the precise amount you will receive. 

This may also vary depending on how much available insurance coverage is available to readily compensate you for your injuries. That said, our law firm uses its 100 years of combined legal experience to help provide clients with an approximate settlement range and jury verdict range based on the specifics of your case to help you evaluate the value of your case.

Do I need a lawyer to handle my personal injury claim?

Many clients believe they can save money by handling their personal injury case by themselves. However, clients quickly discover that the insurance company representing the person or business who caused them harm has interests that are fundamentally at odds with your right to fair, speedy, and just recovery. 

The insurance company’s goal is to either deny your claim completely or pay you as little as possible to settle your claim. To accomplish this goal, the insurance company will hire a team of skilled investigators, adjustors, and attorneys to work against you. 

To stand up to the insurance company’s defense team, you need a strong, experienced, and dedicated personal injury attorney in Albuquerque by your side every step of the way. Our team is ready to take your call, listen to your case, and provide you an initial consultation.

When should I hire a personal injury attorney?

You should retain a personal injury attorney as soon as possible after your accident. 

After being seriously injured in an accident, you are likely already placed at a distinct legal disadvantage. While you are preoccupied dealing with your injuries, coordinating paying for medical bills, and other financial concerns, the party who caused you harm has likely already notified their insurance company, who begins to work against you. 

Protect your legal rights by contacting our Albuquerque personal injury attorneys at Martinez, Hart, Sanchez & Romero, P.C. Our team will often arrange to take photographs of the accident scene and damages, take statements from witnesses, and help preserve physical evidence like surveillance video recordings. 

We will also ensure that you comply with statutes of limitations and other legal requirements that would otherwise bar you from bringing your personal injury claim in New Mexico.

How long do I have to bring a personal injury claim?

In New Mexico, you must file your personal injury claim within the statute of limitations, which is a fixed period of time by when you have to file a lawsuit or otherwise be forever barred from bringing any claims against the party who caused you harm. 

The majority of personal injury cases in New Mexico are required to be filed within 3 years of the date of the accident. However, some statutes of limitation are shorter and carry more stringent requirements. 

For example, claims against state governmental entities must comply with the New Mexico Tort Claims Act, which requires an initial Tort Claim Notice to be filed within 90 days of the accident and then requires the lawsuit to be filed within 2 years of the accident. 

Statutes of limitation may be extended under certain situations in New Mexico personal injury cases, such as when an injured person is under the age of 18. Each case is different, which may have particular or varying statutes of limitations. To ensure that you comply with the statute of limitation for your case, you need to contact an attorney as soon as possible.