Common personal injury terms are important to understand when facing an accident injury. Your New Mexico personal injury attorney may use them at some point during the time you work together. Grasp some of the common personal injury terms beforehand since they can help you make better sense of the situation.
In This Post
In this post, I explain common personal injury terms related to cases in general. If you have questions about how these terms apply to your situation, always speak with a lawyer to address them.
1. Damages
Damages are the financial and future losses you are claiming the defendant’s negligent actions caused you. It is the amount of money you are demanding that they pay.
There are three (3) types of damages:
- Special damages: Special damages include out-of-pocket costs, such as medical expenses and lost wages.
- General damages: General damages include your pain and suffering and mental anguish.
- Punitive damages: Although rarely award, punitive damages are designed to “punish” the defendant for gross negligence.
Damage amounts awarded vary on a case-by-case basis.
For more information about damages, see this article, “How Much Your New Mexico Car Accident Lawsuit May Be Worth.”
2. Defendant
A defendant is a party being sued by the plaintiff. In a personal injury matter, the plaintiff is generally accusing the defendant of negligence that led to the accident and subsequent financial losses.
Defendants in a personal injury case could include:
- At-fault individuals
- Employers
- Third-parties
- Insurance companies
- And more
Personal injury defense attorneys represent defendants.
2. Contingency Fee
A contingency fee is a billing structure that New Mexico personal injury lawyers use when representing injury victims or surviving family members. Instead of charging clients a traditional, prepaid retainer, the attorney will take a previously agreed-upon percentage of the damages recovered in a personal injury lawyer. If the lawyer does not win your case, then you do not owe him or her any contingency fees.
For more information, check out this article: “How Much Does a Personal Injury Lawyer in New Mexico Charge?”
3. Negligence
Negligence describes the act of one party failing in their general duty of care. New Mexico follows comparative negligence laws. You must prove that negligence occurred in order to receive damages.
For more information about negligence, see this article, “Who Is Liable After a Multi-Vehicle Collision in New Mexico?”
4. Plaintiff
A plaintiff is a party filing a lawsuit against the defendant for acts of negligence. They seek monetary damages through civil litigation.
Plaintiffs in a personal injury case may include:
- Injury victims
- Estate personal representatives
- Surviving family members
- And more
Personal injury attorneys represent plaintiffs.
5. Statute of Limitations
The statute of limitations is a legal deadline that applies to personal injury claims. If you miss the statute of limitations, then you no longer possess the right to file a claim. Under NMSA § 37-1-8, the general statute of limitations in New Mexico is up to three (3) years from the date of your injury or family member’s death.
If you suffered from a car accident injury, see this article for more information: “What Is the Statute of Limitations for a Car Accident in New Mexico?”
6. Wrongful Death
Wrongful death occurs when someone fails in his or her general duty of care and causes an accident injury that results in death. You can file a wrongful death case on behalf of the decedent’s estate through the personal representative. New Mexico follows laws related to the wrongful death act under NMSA § 41-2-1.
For more information about wrongful death, check out this article, “How Do You Prove Wrongful Death?”
A Personal Injury Attorney Will Explain Common Personal Injury Terms to You
Many other terms apply to a personal injury case. It is one thing to understand a high-level definition, but it is another to try applying them to your situation. Making a single misstep can derail your entire claim against the at-fault party or defendant.
Avoid making legal mistakes that can cost you a potential settlement or civil court award. Instead, hire a personal injury attorney in New Mexico to help you navigate the complexities of state and federal laws. We do not charge upfront attorneys’ or legal fees, which means that it does not immediately cost you anything to obtain representation.
Grano Law Offices, P.C. Is Ready to Help – Free Case Evaluation
If you or a loved one was in a traumatic accident, Grano Law Offices, P.C. extends our deepest sympathies and condolences. Bad things happen to good people, but we are here to get you the legal help you want and deserve. Call us for a Free Case Evaluation at (505) 426-8711 or message us through the contact form at the bottom of this page.
