After an accident that causes you bodily harm or your loved one’s fatality, it is reasonable to wonder if you have an actionable personal injury lawsuit in New Mexico. You have grounds to file a case if you were negligently injured and the insurance company refuses to pay you the benefits you legally deserve for your losses. Lawsuits are typically a “last resort” option. Before filing a civil court petition, make sure you have exhausted all of your legal remedies beforehand.
The most direct way to determine if you have a case is by discussing the facts with a New Mexico personal injury lawyer. We will offer you insight into your options, including a negotiated insurance settlement or a potential civil court award, during a free consultation.
In This Article
Personal injury lawyer Marc A. Grano helps you determine if you have grounds to file a personal injury lawsuit based on the answer to four complicated questions. Grano Law Offices, P.C. wrote this post to help injury victims and their loved ones learn more about their legal rights in general.
Table of Contents
Question #1) Did the Person Who Caused Your Accident Owe You a Duty of Care?
Personal injury cases start by looking at what duty of care the defendant owed you or your deceased family member. For example, licensed drivers in New Mexico owe a duty to one another to drive safely on the road, and property owners must ensure their premises are hazard-free for visitors. Singular or numerous parties may carry liability in your case, which means it is essential to identify them adequately.
Question #2) Did the Defendant Negligently Breach His or Her Duty of Care?
Once your New Mexico personal injury lawyer establishes that the defendant had a duty of care, the next step is to prove that his or her negligence caused your accident. As in the example of a car accident injury claim, distracted driving is a form of negligent breach. Negligence is the defining element behind the cause of your case.
Question #3) Did the Accident Cause Your Injuries or Loved One’s Wrongful Death?
For a personal injury case to have standing, an injury must be present. Injuries not only include bodily harm, but they also include severe psychological damage and wrongful death. Without evidence of an injury, you do not have grounds to file a personal injury lawsuit in New Mexico. You must also seek immediate medical treatment to prevent further damage.
Question #4) Did the Injury Result in Financial Damages?
If the accident injury caused you or your family financial damages, you have the right to go after the compensation you need through an insurance settlement or civil jury award. New Mexico personal injury laws state
Your claimable amount is known as your damages within the legal context. Every case is unique, which means that every dollar amount is, as well. The facts of the case determine the outcome.
If you have grounds to file a personal injury lawsuit, your New Mexico personal injury lawyer will go after money to pay for:
- All related medical costs, including future care
- Lost work benefits and wages for time missed
- Physical pain and suffering
- Diminished quality of life
- Lost future earning capacity
- Punitive damages (rare)
- And other recoverable awards.
It is also worth noting that wrongful death laws in New Mexico allow surviving family members to pursue benefits under NMSA § 41-2-1. Under these laws, you may be able to obtain compensation for the above-referenced items, as well as the loss of companionship, mental anguish, and more. However, you must have a familial relationship with the decedent to recover under a wrongful death claim.
Final Thoughts and Considerations
If you answered yes to all four questions above, you likely have grounds for a personal injury lawsuit in New Mexico. Even if you are still unsure, it NEVER hurts to ask and seek clarity regarding your legal options. Doing so could be the difference between getting an adequate award and not receiving enough.
Only an attorney can provide legal advice as it relates to your potential claim. Go directly to the source and request a free consultation to get the answers you want. Make sure you check out this article regarding questions you should ask an attorney during this conversation.
Grano Law Offices, P.C. Offers FREE Case Strategy Sessions to Prospective Clients
Are you ready to find out more about your claim? Call Grano Law Offices, P.C. now for a FREE Case Strategy Session at (505) 426-8711 or by messaging us below.
Our office also represents cases on a contingency fee basis. If you decide to hire us to represent your case, we will not ask you to pay attorneys’ fees in advance. Instead, we genuinely only get paid for our time and resources when YOU win.
