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Las Cruces

New Mexico Personal Injury Laws & Statutory Rules

At the Law Office of Samuel I. Kane P.A., our Las Cruces, New Mexico personal injury attorneys understand that getting hurt in an accident can cause more than severe injuries, but also confusion about how you are going to recover. Who is going to pay your medical bills? Are you going to be able to work? How can you hold the negligent party responsible for the financial damages you have incurred?

Our Dona Ana County residents deserve solutions after they have been hurt in a crash, and that is exactly what our experienced personal injury lawyers provide, starting with answers to some of our clients’ initial questions.

Who Can File an Injury Claim in New Mexico?

In New Mexico, when someone is hurt by the negligence of another, he or she may file a personal injury claim against the responsible party.

This process begins with proving that the person we are pursuing for financial recovery caused your accident.

How Do We Prove Fault After a New Mexico Accident with Injuries Occurs?

The main reason injured people hire a personal injury attorney in Las Cruces is to establish their case, so they can hold the negligent party responsible. This is often hard to do on your own, as the insurance company is going to apply pressure to your case, and do everything they can to deny your claim.

At the Law Office of Samuel I. Kane P.A., our auto accident attorney provides the guidance our clients need to prove the other driver was negligent by:

  • Collecting evidence from the crash scene
  • Discovering the full extent of your injuries by interviewing the medical professionals who are treating you
  • Interviewing witnesses who saw the accident take place
  • Partnering with accident reconstruction experts to build our case
  • Reviewing the police report filed after the crash, and interviewing law enforcement officials who responded to the scene
  • Taking over communication with the insurance company, so you are protected from their manipulation tactics

Personal injury claims require access to both legal experience and professional resources that reveal the full scope of your injuries to the insurance company before negotiations even begin.

Our personal injury lawyers in Las Cruces will examine your case during a free consultation and outline the best approach to ensuring your rights are protected while we seek the best compensation available for your unique case.

What If I Was Partially At-Fault for The Accident That Caused My Injuries?

In New Mexico, there is something called contributory negligence, which covers the legal area of comparative fault. Comparative fault laws apply to cases where the injured person is found to share some portion of legal responsibility for the accident or injury.

The comparative fault rule reduces the damages an injured person can receive, based on their responsibility in causing the collision. Simply put, if you are 25% responsible for the crash, you may seek up to 75% of your complete recovery.

What Types of Financial Recovery Can I Pursue from the Negligent Party?

Each New Mexico personal injury claim is different, which means your unique accident circumstances and the injuries will dictate exactly what type of financial recovery we can pursue on your behalf.

Some of the most common personal injury damages can include:

  • Medical expenses
  • Lost wages
  • Future earning ability
  • Short or long-term disability
  • Partial or full disability
  • Property damage
  • Pain and suffering

What Is the Personal Injury Statute of Limitations in New Mexico?

In New Mexico, injury victims have three years to bring a personal injury claim against the negligent party starting from the time the accident occurred.

If you or someone you love has been hurt in an accident of any kind, contact our personal injury attorneys in Las Cruces at the Law Office of Samuel I. Kane P.A. today by calling (575) 541-3004 to schedule a free consultation. The quicker we become involved in your case, the sooner we can begin pursuing financial recovery results for you and your family.