Why Patscheck Law, P.C.?
You shouldn’t have to bear all of the burdens after a personal injury. The at-fault party should be held responsible. Attorney Patscheck will fight to make that happen. Her insight and history of results give you the edge when your future is at stake.
We will listen to your story and help you recover compensation:
- Free & confidential consultation
- Award-winning legal representation
- Stay in constant contact about your case
- A deep understanding of New Mexico personal injury laws and the other side’s strategies
Call now for your free consultation.
What to Expect in a Personal Injury Case
The legal system is complex. Whether you have dealt with personal injury accidents in the past or this is your first time, it can be confusing. In Farmington, NM, a personal injury lawyer can be your best opportunity to get the compensation you need to cover your damages.
Here’s an overview of what you might experience if you’re dealing with an insurance claim or personal injury lawsuit.
Insurance Claim Process
The first step in making an insurance claim is filling out the appropriate claims paperwork or calling the at-fault party’s insurance company. You shouldn’t do this alone. They will ask you about what happened, and they may use anything you say against you. Let your attorney do this for you.
The Insurer’s First Offer
Sometimes the insurance company will make you an immediate offer. However, that is usually much less than your actual damages. They may also dispute liability and deny your claim altogether. Let us prove that the other person was at fault and make sure the insurance company knows they are financially liable.
Your Demand Letter
We will submit a demand, typically via a written letter or email, for a specific amount. This will explain all of your losses and why the insurance company should pay. The value depends on the severity of your injuries and other factors. And if the insurance company refuses, then we will file a personal injury lawsuit.
Personal Injury Lawsuits
By filing a lawsuit, you are letting the insurance company know that you mean business.
After filing, we can engage in discovery. That includes obtaining information and critical evidence of fault from the other side. We use this to anticipate their arguments and why they might claim they aren’t responsible or don’t owe you anything.
The Complaint & Personal Injury Motions
This document explains to the court what happened and the laws that apply to make the other party financially liable. The Complaint must be properly served on the defendant (the other party and their insurance company), and they will have a chance to answer.
Then, we will send questions called Interrogatories and Requests for Production of documents. In addition, we file other legal documents throughout the court process like Motions to Dismiss, Motions to Compel, and more. It’s best to work with a lawyer who understands how to use these documents, so the court rules in your favor.
New Mexico Personal Injury Laws
There are specific laws that apply to personal injury cases in New Mexico.
Personal Injury Time Limits
You only have a certain amount of time to file a personal injury case in New Mexico. In most cases, the “statute of limitations” (or deadline) is three years from the date of your accident. If you don’t file a lawsuit by that deadline, then you may not be able to file it at all, even if you have a strong case.
This deadline is drastically different if your case is against the New Mexico state government or an employee of the government. The New Mexico Tort Claims Act only gives you 90 days in those situations. For example, if a New Mexico employee is driving and hits your vehicle, causing your crash, then you only have 90 days to file a claim against them.
Comparative Negligence Rule
In cases where both parties may share fault, New Mexico uses the “comparative negligence” standard. This means that damages may be reduced by a percentage equal to the assigned share of fault.
For example, if you are in a car accident and the jury determines that you are 20% at fault and you have $100,000 in total damages, you can recover $80,000.
While courts are required to apply this rule, it is not required during the settlement process. However, an insurance company may try to place part of the blame on you in an attempt to reduce how much they pay you. Don’t let them take advantage of you like that. Let Patscheck Law, P.C. fight back for you.
Civil Courts in Farmington, New Mexico
All personal injury cases are considered “civil.” This differs from criminal cases. Civil cases are presented in the San Juan County Farmington District Court, located at:
851 Andrea Dr.
Farmington, NM 87401
Personal Injury Compensation
Our goal is to help you receive enough compensation to recover from the damages you sustained. That includes what you spent out of pocket as well as any other future damages you will experience.
We can help you recover:
- Past and future medical expenses
- Lost wages and loss of earning potential
- Pain and suffering
- Loss of consortium (spousal relationship)
- Property damage
- Funeral costs and burial expenses if your loved one passed away