Serious personal injuries are injuries that drastically alter and impact the lives of the individuals who are unfortunate enough to experience them. Common examples of serious personal injuries are catastrophic brain or spinal injuries, accidental amputations, severe burns, multiple fractures, and more. They can also include serious illnesses, neurological disorders, or damage done to the body on account of faulty equipment, machinery, medical negligence, or a defective medical product or pharmaceutical drug.
The management and treatment of serious injuries like these is extremely complex and expensive. It is very important that victims of serious injuries seek out personal injury claims if the injury was caused by another party – whether intentionally or not. If you have been injured, our team will get you the help you need.
Let Our Firm Fight For You During This Difficult Time
These types of serious injuries are particularly unfortunate, as they can forever change the life of the victim and their family. For that reason, our firm is particularly vigilant when it comes to getting our clients what they deserve. If you or a loved one has been seriously hurt and will be facing a tough road to recovery ahead, our firm will fight to get your the compensation you deserve.
If You’ve Been Seriously Injured, Let Our Firm Fight for You During This Difficult time
When someone is seriously injured, lives are changed forever. In addition to dealing with the pain and medical issues, there is overwhelming stress as the bills pile up. Everyone in the family can be permanently affected. While you’re focusing on your recovery, our team will fight to get you the financial compensation that you deserve.
Some of the most serious personal injuries are catastrophic brain or spinal injuries, multiple fractures, severe burns, accidental amputations and even death. Management and treatment of these results can be very expensive, complex and lengthy.
Personal Injury Law
Throughout history, most legal systems have given individuals the right to sue if they were injured by the actions of another. In the U.S., a person has the right to sue for financial compensation after being harmed by someone else’s negligent or intentional actions. In a criminal case, the defendant is punished by the government if found guilty. However, personal injury cases are civil and brought by an individual who wishes monetary compensation for the harm done to him or her.
Not every accident will result in a personal injury case; in fact, most accidents are simply accidents and no one is to blame. In order to file a personal injury claim and be granted compensation, the accident victim must show that the defendant’s actions caused the accident and that a reasonably prudent person would have acted differently in similar circumstances. For example, if the defendant was speeding at night on a slippery road and crashed into another car, those injured would have to show that reasonably careful drivers would not have been driving that fast under those conditions.
There may be a number of defendants in a personal injury case. If a truck is involved in a crash, possible defendants might include the truck driver, the company that owns the truck, whoever is responsible for maintaining the truck, the manufacturer of a defective part, or the government agency responsible for road maintenance.
Shared Fault in New Mexico Personal Injury Cases
New Mexico’s comparative fault laws apply to personal injury cases since many accidents have multiple causes. If the injured person is found to be 10% responsible for the accident, their compensation or damages would be reduced by 10%.
For example, suppose that the accident victim was talking on their phone when they tripped over an object lying on the floor at a store. The court could determine that the victim was 10% responsible for the accident because talking on the phone was a distraction that prevented them from seeing the object. If the award was $1,000, the victim would collect $900, or $1,000 minus 10%.
Statute of Limitations
In New Mexico, there is a time limit of three years from the date of the accident for filing a personal injury lawsuit. The court would be unlikely to accept a lawsuit filed after this three year period had expired. The injured person would have lost their right to receive any compensation for their injuries.
However, there is an important exception to this rule. A claim against the New Mexico state government, a New Mexico state government employee or agency must be filed within ninety days.
Types of Personal Injuries Cases
- Accidents. It’s not unusual to discover that a truck or car crash, someone’s slip and fall injuries or another type of accident was caused by an individual’s reckless or negligent behavior. Faulty equipment or medical malpractice can leave someone struggling with painful injuries and overwhelming financial losses. Even when the cause of the accident appears obvious, investigation can discover that there were other, hidden causes contributing to the accident.
- Intentional Acts. When there is an intentional act, such as an assault, cases may be filed against the defendant in both criminal and civil courts. The victim must file a personal injury claim in civil court in order to receive compensation for the injuries that they have suffered. The criminal case may complete before the civil case goes to court.
- Defective Products. When a defective product or pharmaceutical drug causes harm, an individual can file a product liability claim or join with others in a class action lawsuit. Some of the more well-known product liability cases involve recalls of vehicles with defective equipment and “bad drugs” or medical devices. However, it’s not necessary for a defective product to harm a large group of people in order to file a claim against the manufacturer.
- Get Medical Treatment. After any injury, always get immediate medical care. It’s important to do so for health reasons, but it’s also critical in order to receive fair treatment later from an insurance company or jury. If the accident victim did not promptly seek medical treatment, it could appear to others later that the injury was not serious.
- Select an Attorney. Choose an attorney soon after the injury to obtain the best possible result. While an attorney can be helpful for even small claims, legal representation is essential when there are serious injuries.
- Accident Investigation and Review of Medical Records. Your lawyer will want to know everything about the accident, your medical condition, and any treatments. Please be as straightforward and truthful as possible with your attorney. An accident investigation and a thorough review of medical records will help determine if there is a personal injury case.
- Settlement or Lawsuit. It’s usually possible to settle a small claim outside of court, but if there has been a serious or permanent injury, a lawsuit will normally be filed. It’s best to wait until the patient will not recover further or does not need any additional medical treatment. Otherwise, it’s very difficult to determine what amount of compensation would be appropriate.
- Filing a Lawsuit. Each side will enter a number of motions and obtain information about the facts of the case during discovery. The entire process could take two years or longer.
- Settlement. Most personal injury cases settle before trial, but a good lawyer is always prepared to put the case before a jury.
- Trial. A personal injury trial may last a day or much longer.
When you’ve been injured and need help, our legal team will dedicate their full efforts to ensuring that you receive the compensation that you deserve. You can email us through the website or call Robins Cloud at 1-888-888-6428 to put us to work on your behalf.