There are all kinds of personal injury announcements hyped by the media but claims are not always that clear cut. State laws and guidelines can be confusing, and insurance adjusters for the other side won’t make it any easier. According to personal injury attorneys Albuquerque NM has statute of limitations and other guidelines that can factor into a lawsuit.
Filing A Claim
In many cases, it can be in your best interest to negotiate, since filing lawsuits and a court case only add to your legal costs. However, even negotiations involve various steps to accomplish what you want, and often the other side will not want to give you the compensation you deserve.
Together, you and your lawyer will negotiate with the insurance company and claims adjuster. They will need proof from your legal team that the person who caused your injury is truly guilty.
As a result, a thorough investigation has to take place. They will ask for access to medical records, requests police and witness reports, as well as investigate any photos of the damages. They will also request to interview you.
Additionally, you will have to prove that your direct disbursement of medical expenses are valid. You’ll also need to show that the injuries caused physical difficulties and affected the ability to work.
When Negotiation Doesn’t Work
There are times when the matter is not concluded by filing a claim. The other side fails to negotiate and then, you must file a personal injury lawsuit. In these cases, there are state statute of limitations laws. In New Mexico, the statute of limitations for a personal injury case begins three years after the injury has happened. It is important to keep a record of your claim. You cannot wait for the insurance company because unfortunately, injuries in court have an “expiration date.” However, always remember, there may be exceptions to the statute, so you should always consult with a lawyer to discuss any exceptions.
Determining Value Of Your Claim
There are different compensatory damages for various types of personal injury claims. Some damages are easier to define, such as damage to property. However, for pain and suffering, ample evidence is going to be required and that number does not always come out to the number you want.
Compensation for medical treatment is almost always an important part of any personal injury claims. It is also related to the loss of income due to not being able to work for a long period of time.
When it comes to compensation, you have other elements that factor into the decision, like:
- Emotional impact from the accident
- The loss of enjoyment and quality of life
- Loss of consortium, or how an injury impacts a married couple’s sexual and emotional relationship
Even punitive damages as a result of the person’s behavior during the accident will play a role in compensation.
The other side could also try and claim negligence on your part. But your attorney will help you through the case, including handling any negligence allegations that could put blame on you, instead of the person at fault.
The most important thing to do is keep good records and call an attorney as soon as possible.