Establishing negligence requires an abundance of evidence. Claim files swell with documents, photographs, and reports from investigators. Ask any experienced personal injury lawyer, and you will hear stories about how massive client files can grow.
If you are filing a claim, the documents needed to file your NM injury claim depend on the accident’s specifics, the extent of your injuries, and degree of expenses and losses incurred due to the accident. While it may seem overwhelming, documenting your case is essential to obtaining the most fair, lawful outcome.
In this article, our legal team compiled an extensive checklist of files, documents, and other forms of evidence to assemble before negotiating a settlement with insurers.
1. Medical Bills
You will need evidence demonstrating that you have incurred medical bills and wish to be compensated. All medical expenses and invoices must be documented, including those related to the following:
- Inpatient bills
- Doctors bills
- Observation bills
- Surgery bills
- Emergency room (ER) bills
- Imaging bills
- Doctors’ bills
- Other bills
2. Medical Records
One of the most fundamental elements of a personal injury claim is proving the severity of your injuries. Obtain copies of your medical history, including records from before the injury. They could demonstrate that a preexisting condition did not cause your injury if insurers try to deny your claim on this basis while giving you proof that an accident-related injury occurred.
3. Police Reports
If you were involved in a car accident in New Mexico, you should file a police report within five (5) days of the accident per NMSA § 66-7-207. Police reports are a form of evidence that can be used to prove what transpired, who was involved, the severity of injuries, who was at fault, and other relevant details.
4. Eyewitness Statements
If there were any witnesses to your accident, their testimony could be valuable to your case. They can provide details that neither driver could see while operating their vehicle and navigating through an accident. Ensure you retain their contact information if you need to refer to it later.
5. Pay Stubs
Pay stubs help prove your income before the injury and a reduction in income after the accident. You may also be required to submit tax returns from prior years as evidence of income and income loss. Another aspect to prove is if you had to use benefits and paid time off (PTO) to pay for and attend medical treatment.
6. Photographs
Photographs reveal a lot about the extent of your injuries and how an accident occurred. Share any photographs you took at the accident site or injuries during your recovery.
7. Proof Incidental Costs
Recovering from a personal injury is an expensive, arduous process. In addition to medical care, additional costs can accumulate, such as travel costs, therapy costs, child care expenses, and hotel accommodations that result from your accident-related care needs.
8. Journals
Financial statements may not capture the complete impact when discussing the effects of pain and suffering or the lifestyle change caused by an accident victim’s injury. Damages not reflected on a balance sheet can be illustrated by a person’s reflections on the effects of their injuries, photographs or recordings depicting the limitations they face due to physical or mental distress, or any combination of the three.
9. Expense Receipts
Keeping all accident-related documentation may not come naturally, but it’s a habit you’ll need to cultivate if you want a solid personal injury case. In addition to collecting your medical records, bills, insurance policy information, and other documents, you should retain copies of any receipts for purchases related to the accident, including prescription co-pay costs, dressings for wounds, and anything else you think should be reimbursed under the policy.
10. Estimate of Property Damage
It is advisable to have your vehicle evaluated after an accident to ascertain the extent of property damage. You must estimate the damage’s value to include it with your total damages. Even if your vehicle is totaled, obtain a damages estimate.
11. At-Fault Driver History
These documents include safety records and inspection reports for every component implicated in an accident. For instance, if a car was involved in an accident, the records of when the car was last serviced and whether the vehicle’s manufacturer was required to issue a recall should be reviewed. In addition, the history of past violation notices would be relevant if a piece of equipment had been cited for multiple safety violations before it was used to cause damage to another individual.
12. Private Investigation (PI) Reports
Private investigation reports can be conducted by any party involved in an accident; however, if performed by a business, the report can be obtained through discovery. Discovery is the phase of a civil action in which one party must disclose pertinent information to the other party before the merits of the case are argued in front of the judge or jury. Numerous civil cases are settled before trial based on information disclosed in discovery. These reports could demonstrate a party’s liability in greater detail than a police report.
13. Vehicle Service History Reports
Any auto accident claim must consider the vehicle’s service history. The vehicle’s service history may be compared to similar vehicles to determine whether the vehicle’s past played a role in the accident.
14. Audio/Video Recordings
Sound detection devices have been installed in high-crime areas to record voices, gunshots, and vehicle accidents. Other examples are neighborhood and business surveillance footage, law enforcement dash camera and body worn camera recordings. These recordings could also reveal important information regarding fault, potential witnesses and other information regarding the accident.
15. Expert Opinion
Depending on the nature of your case, we may employ experts to review the evidence and be available to testify in court. In the event of a catastrophic injury, a medical consultant may examine your medical records and provide us with a prognosis for your future. In certain circumstances, a specialist in accident reconstruction may be consulted to explain how a complex accident occurred.
16. Proof of Lost Income
Future and current lost income is recoverable after suffering from a negligent injury. However, you must maintain records demonstrating how long you were absent from work or unable to contribute to the operation of your business, as well as how much this has cost you. If you are likely unable to return to work for an extended period in the future, you will need to obtain a realistic estimate of the associated costs.
When to Get a Personal Injury Lawyer Involved
Personal injury cases do not always require legal assistance. However, the insurance industry’s own research has proven time and time again that people who are represented by a personal injury lawyer wind up with settlements about 3.5 times higher than those who try to represent themselves.
You may want to meet with a personal injury lawyer in New Mexico if you can answer “Yes” to any of the following questions:
- Is the insurance company dragging their feet?
- Is someone blaming you when they were at fault?
- Did you suffer injuries or are there multiple parties?
- Do you suffer from catastrophic injuries?
- Was a government entity involved?
- Is the insurance low balling you?
Answering “Yes” to these questions indicates that you may benefit from having an attorney step in and fight for you.
Schedule a Free Case Evaluation with an NM Personal Injury Lawyer
Grano Law Offices, P.C. has fought and won on behalf of accident victims for more than 20 years. Our personal injury lawyer and founder, Marc A. Grano, is ready to fight for you. Call us at (505) 426-8711 or messaging Marc directly online. Don’t wait call today!
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