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Albuquerque Serious Injury Attorney

Albuquerque personal injury claims and lawsuits arise when people are injured by careless or intentional acts of others, or injured by products that are defective in some way. When someone is determined to be legally responsible for injuring another, under New Mexico law, they are liable for the injury and obligated to pay the injured person compensatory damages.

There is no specific source to learn all about New Mexico injury law, but it is our sincere desire to have this website serve as a place to get people started in understanding their New Mexico personal injury rights and requirements in bringing a claim.

Serious Injury vs. Catastrophic Injury

A serious injury is handled differently from a catastrophic one in personal injury law. While both are severe and could lead to financial compensation for the victim’s losses, catastrophic injuries are more severe than serious injuries. It’s important to understand the classification of your injury claim so that you can fight for the compensation you deserve.

Serious injuries cause significant harm to a victim. They often require expensive or ongoing medical treatments, such as surgeries, therapy and rehabilitation. However, someone with a serious or severe injury is expected to recover – if not fully, then partially. 

Catastrophic injuries have a long-term or permanent impact on the victim’s ability to work and live independently. They are disabling, with significant effects on a victim’s physical, emotional and/or cognitive status. These injuries typically make it impossible for a victim to return to work at normal capacity, if at all.

Examples of serious injuries include broken bones, deep lacerations, internal injuries, bad burns and soft-tissue damage. Catastrophic injuries often involved in Albuquerque personal injury cases include spinal cord injuries, paralysis, traumatic brain injuries and amputations.

What Compensation Can You Recover After a Serious Injury in New Mexico?

Just as there can be many types of claims, each such personal injury case can result in entirely different types of damages.There are compensatory and punitive damages. Compensatory damages attempt to put an injured person back in the position he or she occupied before being injured. 

In some cases, punitive damages are also awarded in injury lawsuits. Punitive damages are intended to punish wrongdoers and to prevent those in a similar position from harming others. They are reserved for cases involving a defendant’s gross negligence, wanton disregard for the safety of others or malicious intent to harm.

Settlements and judgment awards for catastrophic injuries may be higher than for serious injuries due to the increased losses or damages suffered by the victim. You should always contact a serious injury attorney for an accurate case value estimate before accepting an insurance settlement.

Serious Injuries in Albuquerque

Economic Damages

There are two types of compensatory damages. The first is economic damages, which describes compensation for tangible losses. These losses are often financial in nature, such as:

  • Present and future necessary medical care
  • Ongoing therapies or rehabilitation
  • Lost wages, income and earnings
  • Lost capacity to earn a living
  • Travel, transportation or rental cars
  • Property damage
  • Out-of-pocket costs

Economic losses can be proven by a plaintiff through bills and receipts related to the accident and injuries. Medical documentation is also important to establish injuries.

Non-Economic Damages

Non-economic damages pay a plaintiff for the intangible losses caused by the incident. They are often referred to collectively as “pain and suffering.” They can include: 

  • Physical pain and discomfort
  • Emotional distress and trauma
  • Mental anguish
  • Psychological harm
  • Depression or anxiety
  • Post-traumatic stress disorder
  • Loss of enjoyment or quality of life
  • Loss of consortium

Non-economic losses may be proven with statements from the victim and witnesses, photos of the injuries, mental health treatment records, an injury journal, and expert testimony.

New Mexico Statute of Limitations on Serious Injury Claims

New Mexico has strict time limits known as statutes of limitations that dictate how long a plaintiff has to file. Depending on the facts of each case, injury victims may have as little as 90 days to take action, or as long as six years and in some situations even longer. The standard deadline is three years from the date of injury, but this can change based on the circumstances: 

  • Injured minor: three years from the child’s 18th birthday
  • Incapacitated person: three years from the date capacity is restored
  • Wrongful death: three years from the date of death
  • Claim against the government: two years, with a 90-day notice required

Regardless of how long the law may allow for action to be taken in a personal injury case, our injury lawyers believe that immediate and aggressive action often results in the highest possible recovery.

If you wait too long to file a serious injury claim, you run the risk of losing important pieces of evidence to support your case. Eyewitness accounts may become less reliable, for instance, or videotapes of your accident may be overwritten. It’s in your best interest to pursue a case as soon as possible in Albuquerque.

Types of Serious Injury Cases We Handle

Our Albuquerque injury lawyers handle a variety of personal injury claims including those arising from:

Personal injuries suffered as a result of these types of accidents can be severe and life-altering. Our attorneys will evaluate your case for free, and if hired, review the actions available to you and work with insurance companies and other medical providers to maximize your recovery.

If you or a loved one has been injured, contact us at (505) 889-3463 for a free case consultation.