COMMON QUESTIONS ABOUT PERSONAL INJURY
We know pursuing a personal injury claim, or approaching an attorney in general can be a daunting and often times intimidating process. We are here to answer any questions you have along the way. Don’t hesitate to reach out if you have a question that is not answered below.
It depends on the type of case or claim. It is best to speak to an attorney in that regard.
If the claim is against a state entity (such as UNM Hospital, Department of Transportation, or City of Albuquerque) a notice of claim setting forth the time, place, and circumstances of your anticipated action must be filed within 90 days of the event, along with a statement that you may pursue a claim.
If the claim is against a federal entity, you must file a claim within 2 years of the event in question, but there are specific time periods regarding the notice of claim once it has been filed.
It is best to speak to an attorney.
If I am involved in a motor vehicle accident and the other driver doesn’t have insurance, do I have a remedy?
Yes, if you purchased uninsured motorist coverage, you may be able to pursue a claim against your own carrier for the harm you suffered in the accident.
Yes, you could possibly pursue a claim under their homeowner’s insurance.
Yes. Please give us a call at (505) 243-3751.
If you believe you have a claim, call us and, if we don’t handle that type of case we will try to refer you to someone who does.
Yes. However, there are certain deadlines that need to be met in those cases. Generally, you only have 60 days from the date of your first denial to appeal.
It depends. In most cases, a minor has until his or her 19th birthday.
In medical malpractice claims or actions against a governmental entity, the time to file a lawsuit may be less. You should always confer with an attorney as soon as you believe you may have a claim.
Our usual fee is one-third plus gross receipts tax and costs.
Should I settle my personal injury claim when an adjuster calls me right after a motor vehicle crash?
No. There is a statute specifically prohibiting adjusters from trying to settle a claim with you within 15 days of your date of injury.
Yes. It’s called the loss of consortium.
You should immediately notify the manager and fill out an incident report, and then seek medical help (if needed). Get the names, addresses, and phone numbers of any witnesses. Get photographs of the area where you fell, if you can.
What if I’m involved in a motor vehicle accident and the other driver doesn’t want to call the police?
Take photos of the vehicles, the other driver’s registration, driver’s license, and insurance card, if possible. Get the names, addresses, and phone numbers of any witnesses.
It depends on the type of case. In a motor vehicle accident, you may be limited to the amount of insurance the other driver has, along with your underinsured motorist coverage. If it is against a physician, it may be subject to the New Mexico Medical Malpractice cap which places a limit on damages of $600,000.00 plus medical expenses. If it’s against a state, city, or county governmental entity, you may be limited to $400,000.00 for pain and suffering and $300,000.00 for medical expenses.