Personal Injury Attorneys in Albuquerque, New Mexico 

A careless business owner doesn’t repair a stair, leading to a customer’s broken leg. A doctor is negligent when looking at test results and gives a misdiagnosis. A manufacturer produces an item that’s defective and harms the consumer.   

These are just a few scenarios that can lead to injuries resulting in thousands of dollars of medical bills. At the time they’re getting these bills, the injured person misses work for appointments and loses income. When this happens, it’s crucial to hold the person or party who caused the accident responsible.   

It’s possible to seek financial compensation for your costs caused by the accident. Who pays for damages after an accident depends on the facts of your case. At our firm, Bischoff & Bischoff Law, P.A., we’re determined to answer each of your questions and be by your side during the personal injury claim process. Serving clients in New Mexico since 1980, we’re proud to bring decades of experience and a cost-effective approach. At Bischoff & Bischoff Law, P.A., we serve clients in Albuquerque, Rio Rancho, Sante Fe, or Valencia County, including Los Lunas and Belen, New Mexico. 

Personal Injury Claims in New Mexico 

Some people may wonder if New Mexico is a fault state, but before you make any decisions about filing a personal injury claim, it’s vital to know the key concepts that are relevant to filing in New Mexico.    

Fault State 

Who is liable for the injury? Who pays for damages after an accident? In New Mexico, the answer is the individual or party (and their insurance company) who caused the accident.   

As an at-fault state, New Mexico law requires the insurance company of the person or party responsible for the accident to pay for costs caused by the accident. 

Comparative Negligence Rule 

Every state has its own set of rules regarding how much a person injured in an accident can receive. In New Mexico, if you were partially at fault for the accident, then the percentage that the accident was your fault will be taken from your compensation.   

As an example, a driver was in an accident and did not use her turn signal. The court found that she would receive $10,000 for the accident; however, she was 10% at-fault for not using her turn signal. Her award would be reduced to $9,000 since she was 10% at fault.   

Her negligence in not using her turn signal affected the outcome of her case. Speak with an experienced personal injury attorney to learn more about how comparative negligence might apply in your case.   

Statute of Limitations 

Once several years have passed, you will no longer be able to file a personal injury claim. The deadline after which you can no longer file a claim is known as the statute of limitations.  

In New Mexico, the statute of limitations for personal injury cases is three years. Once three years have passed from the date of the accident, you will no longer be able to bring a case.  

Filing a Personal Injury Claim 

Before you can file a personal injury claim, you need to know exactly who you should file it against. You have three main options; however, the best way to file will depend on your case.  

One of your options is to file a claim with your own insurance policy. This may be the best decision if you shared some of the fault for the accident. Speak with a strategic personal injury attorney to find out if filing against your own insurance company is your best option.   

Your second option is to file against the at-fault person or party’s insurance policy. Because New Mexico is an at-fault state, this route is commonly taken. The at-fault person’s insurance company will be responsible for offering you a settlement for your costs caused by the accident.   

The insurance company’s goal is to protect its bottom line. They may offer you a settlement that won’t cover your expenses. If this is the case, you may need to pursue litigation and file a personal injury lawsuit in court. 

Damages Available 

Negligence in an accident can lead to severe damage. The term used to describe the financial compensation for losses caused by an accident is damages.  

In New Mexico, it is possible to receive damages for both economic and noneconomic losses. You can seek damages for costs related to not only medical bills and lost income due to missing time at work but costs for future medical care, pain and suffering, and other losses as well.