Santa Fe Personal Injury Lawyer

Santa Fe Personal Injury Attorney

Whether you were injured in a vehicle collision in Santa Fe or slipped and fell due to unmarked construction work, you shouldn’t be responsible for an accident that you did not cause. If you were hurt and another party caused it, you may be eligible for compensation for your injury or loss through the work of an experienced Santa Fe personal injury lawyer.

Berenson & Associates, PC, has helped many clients win favorable outcomes for their personal injury claims. Filing a personal injury case through our firm allows you to hold the negligent party accountable.

How Does Personal Injury Law Work?

Personal injury law is the legal field that deals with seeking compensation for people who are hurt or harmed due to the negligence of another party. If you were recently injured and are seeking compensation, it is wise to work with a law firm that has experience litigating on behalf of Santa Fe personal injury clients. An injury could mean physical harm or harm to one’s emotions or reputation. There are generally three bases for a Santa Fe personal injury claim.

1. Negligence. This is the most common reason why a client seeks a personal injury claim. Negligence refers to an individual’s failure to take action or behave in a manner that would be considered prudent. One example could be a hunter who shoots in the direction of other people.
2. Strict liability. This basis for a personal injury claim holds someone liable for their actions, even if their intent may not have been to harm someone. One example is when a product defect, like a faulty car airbag, leads to bodily harm. The manufacturer may claim that they did not intend to cause harm, but evidence of a faulty product is often sufficient to bring a claim against the manufacturer.
3. Intentional wrongdoing. In some cases, your personal injury lawyer may be able to prove that a defendant intentionally harmed someone. These cases can be handled civilly, even if the alleged charge (assault, battery, false imprisonment) is also subject to criminal prosecution.

Examples of personal injury claims that result in bodily harm include:

• Automobile accidents
• Defective products
• Medical malpractice
• Nursing home abuse
• Workplace accidents
• Bicycle accidents
• Motorcycle accidents
• Truck accidents
• Wrongful death

Common causes of personal injury claims that do not involve physical injury include:

• Defamation
• False arrest
• Malicious prosecution
• Invasion of privacy

What Are the Options for Damages?

A successful personal injury claim can lead to monetary damages being awarded to the plaintiff. Those damages are intended to compensate the party that was injured due to the negligence of the defendant. Some of the more common expenses used to calculate damages include:

• Lost wages
• Medical expenses
• Pain and suffering
• Emotional distress
• Travel expenses
• Assisted living expenses

In addition to damages that reimburse the plaintiff, punitive damages can also be considered. These are often awarded by a jury in addition to compensation for lost income.

The extent of the injuries and financial hardships incurred due to the injury are key factors that attorneys use to determine the full value of an injury claim. For personal injury claims, losses calculated for pain and suffering are no less significant than more tangible claims, like reimbursements for medical bills.

Can Damages Be Capped in New Mexico?

Most states have some form of cap for medical malpractice claims. Medical malpractice claims can award a maximum of $600,000 under state law. Punitive damages are excluded from that limit. Not all personal injury cases have a punitive damage component, as this requires evidence of medical misconduct.

For most personal injury claims in New Mexico that do not involve medical malpractice, juries are free to award whatever amount they deem fair and reasonable. These amounts can be high, especially in cases where an individual is no longer able to work due to the injuries incurred by a negligent party. In those cases, monetary damages are determined through the consideration of the total income that the injured party would have earned over the remainder of their career.

Common Personal Injury Claims in Santa Fe

At Berenson & Associates, PC, we see new types of personal injury cases every year, but there are certain types of cases that are more common than others. Here are a few examples of cases that our attorneys can litigate.

Collisions Involving Commercial Vehicles

Given the high number of car collisions in Santa Fe and New Mexico, we see many clients who were injured in a collision with another passenger vehicle or a tractor-trailer.

Any accident involving a tractor-trailer can be frightening for the victims involved, and those collisions are more likely to result in serious bodily injury due to the size and weight of commercial trucks. Commercial truck drivers are often protected by large law firms that may even try to find fault with the passenger vehicle. Fighting to recoup medical bills and lost wages requires the counsel of an experienced law firm that understands personal injury law and how to successfully litigate a case involving a tractor-trailer.

Medical Malpractice

We place trust and faith in our doctors and nurses, but they are prone to make mistakes and errors, just like anyone else. When those mistakes lead to injury or even death, a personal injury lawyer can use the court system to seek compensation for the victim or a member of the victim’s family. In cases where malpractice leads to death, it is commonly the spouse who acts as the plaintiff in the case.

Medical malpractice cases are complicated and require the close examination of medical records. If you were recently injured due to the negligence of a healthcare provider, take careful notes about your experience, citing the names of doctors and nurses who treated you and documenting appointment dates.

Elder Abuse

New Mexico has a high percentage of senior citizens. As these older adults turn to long-term care facilities, many of those adults may become victims of elder abuse. Nursing home abuse can come in different forms. Neglect is one of the most common. Elderly people are prone to physical injury and mental trauma.

Underreporting, unfortunately, leads to many cases of elder abuse never being addressed. Nursing homes often neglect to report injuries, but when family members see signs of physical or mental abuse, the nursing staff and retirement homes can become civilly liable.

Elder abuse cases, especially when they involve an elder care facility, can involve many defendants, such as administrators, nurses, and even stockholders. Anyone who is injured while under the care of nursing home staff has a legal right to seek compensation for harmful experiences.

One way to accomplish that is through the help of a Santa Fe personal injury lawyer. A Santa Fe attorney can work on behalf of the victim to recover damages by filing a negligence claim. Successful litigation can hold the negligent party accountable.

Dog Bites

If the attorney of an injured party can prove that a pet owner should have known that their dog is dangerous and requires restraints, then the injured party may be entitled to damages. Winning dog bite cases often requires proving a pattern where the dog’s actions necessitate proactive steps by the pet owner. There are many factors that can lead to a successful outcome in these personal injury cases, so consult with an attorney to learn your options.

What to Expect During Your Personal Injury Case

If you were recently injured due to negligence on the part of someone or a group, your first course of action should be to hire an experienced personal injury law firm to handle your defense. While you are researching which Santa Fe law firm to hire, it can be helpful to take notes about the circumstances surrounding the injury. You can share these details with your attorney once you settle on which firm to hire.

Consultation

During your initial consultation, come with questions about your personal injury case. This is a good opportunity to ask about legal fees and what a potential settlement or jury award could be. Searching the web or asking friends for recommendations are two great ways to find a quality personal injury attorney.

Contracts

Before your attorney can begin working on your behalf, you’ll have to sign a contract that gives representation to your selected law firm. Once you have signed for an attorney, they can begin filing motions and serving papers through process servers as needed. One benefit of working with an attorney is the assurance that you can avoid missing important filing deadlines.

Discovery and Depositions

The next phase involves discovery and depositions. Discovery refers to the process of legally acquiring evidence that can later be presented in court. The discovery process may also lead to a settlement if the evidence clearly shows neglect or culpability on the part of the defendant. A deposition involves the taking of recorded testimony. These questions and answers help your attorney build your case.

An experienced personal injury lawyer understands which questions to ask. If the plaintiff gives a deposition, their personal injury lawyer can be present to protect their rights and ensure that the questions remain relevant to the case.

Negotiations

Negotiations are a way to settle cases in a timely manner. Your personal injury lawyer can negotiate on your behalf, seeking the largest settlement possible. If both sides do not agree to a settlement offer, the case will go to trial. Many personal injury victims have to deal with mounting medical bills during this process. We understand that this period can be stressful, but rushing a case or accepting the first settlement offer isn’t always in the victim’s interests.

A positive outcome, while never guaranteed, could provide the funds needed to cover medical treatments and missed time from work. Personal injury cases can take anywhere from a few months to a year or longer to resolve, depending on the complexity of the case and the willingness of both parties to come to an agreement.

FAQs

Q: What Is the Personal Injury Law in New Mexico?

A: Personal injury law is governed by a complex set of laws and statutes that form the basis for legal arguments in court and during mediation. These laws include a set statute of limitations that requires legal filings to be made within a specific period of time, which starts immediately after the most recent incident that led to physical or emotional injury. A personal injury lawyer is an attorney who focuses on personal injury law.

Q: How Much Do Personal Injury Lawyers Charge in New Mexico?

A: Attorneys generally charge $100 to $400 or more per hour, depending on their area of focus and years of experience. Attorneys who charge less are often newer to the profession. Law firms that have a long record of success are likely to charge more per hour, but those higher fees often pay off once the case is settled. Although it’s understandable to view hourly rates as important criteria when hiring a law firm, experience and success are more important factors to consider when hiring a personal injury firm in Santa Fe.

Q: How Do I Find the Right Personal Injury Law Firm?

A: Finding the right law firm could mean the difference between a successful personal injury claim or less favorable outcomes. Experience is a critical factor that you should look for in any potential law firm. One way to evaluate experience is by carefully reading past client reviews. Those first-hand accounts give objective feedback about the attorneys. Setting up a consultation comes with zero expectation of commitment, so don’t hesitate to set up an initial meeting to learn what the lawyer thinks of your case.

Q: Is Emotional Distress a Personal Injury?

A: Yes. Injury can take multiple forms, from physical to emotional injury or even damage to someone’s personal reputation. An experienced attorney can find ways to quantify what amount of compensation is called for in a specific case. Often, a personal injury lawyer compares their client’s emotional distress to similar or past cases when evaluating what a fair settlement offer would be.

Contact Berenson & Associates, PC

At Berenson & Associates, PC, our Santa Fe personal injury lawyers provide comprehensive legal representation to each of our clients. Whether your personal injury case resulted from a commercial vehicle collision or led to serious bodily injury or worse, an experienced legal team can help you win favorable outcomes that can include monetary damages. Contact our office to schedule a consultation. We look forward to discussing your case.