Step-by-Step Process of Filing a Personal Injury Claim
A personal injury claim is a legal request for compensation after someone suffers harm. This harm or injury is a result of another party’s negligence or wrongdoing. Such harm may include physical injuries, emotional distress, or financial losses.
Typically, the common causes of personal injury include car accidents, slip and falls, medical errors, and workplace incidents. When an individual suffers a personal injury due to another person’s negligence, they can seek compensation for the costs incurred as a result of the injury and the pain and suffering it has caused them. Hiring a lawyer at New Mexico Accident Firm, LLC can help you in filing a personal injury claim.
This blog explores the step-by-step process of filing a personal injury claim in New Mexico, covering key concepts such as negligence, damages, time limits, and the importance of legal representation.
Understanding What Negligence Is All About
In simple terms, negligence occurs when a person fails to act as they should. In this case, such a person is aware of the right thing to do, but refuses to do it.
For example, a person may be responsible for providing care for something or someone. However, this person fails to provide such care, thereby neglecting their responsibility. Then this neglect leads to the harm, pain, or suffering of another.
A real-life application of this would be when a person drives while drunk. Generally, the law requires everyone to refrain from driving while under the influence of intoxicants. Thus, this person violates their first responsibility towards others.
Then this person, who drives while drunk, directly causes an accident. When this happens, the victim of the accident who suffers any form of personal injury may file a personal injury claim.
They should hire an attorney who can assist in filing a claim. This claim will ensure that they receive compensation for the medical bills incurred, as well as damages, pain, suffering, and trauma.
Understanding Damages
The damages you suffer will determine whether or not you can file a personal injury claim. As long as you suffer any form of damage, you can file a claim, including both injuries and property damage.
You should also know that loss of income and medical bills are solid reasons to file a personal injury claim.
Whom You Should File a Claim Against
A personal injury claim aims to receive compensation from the defendant’s insurance. In most cases, insurance companies pay for all damages incurred. That is why attorneys file a claim against them.
However, in some cases, you may have to file your claim against an individual. It is mainly dependent on the type of case.
The issue here is that dealing with insurance companies requires sound knowledge. Insurance companies will always try to ensure that they pay as little compensation as possible; they will try to underwrite your claim.
That is why you must hire an attorney. Attorneys possess the knowledge and experience in dealing with insurance companies, which can prove essential in your case.
Time Limits for Filing
There is a time limit for when you can file a personal injury case. Every state enforces a statute of limitations that restricts the period during which you can file a personal injury lawsuit.
Missing the deadline can result in losing your right to compensation; that is, you cannot file a claim anymore. Or, in some cases, your case may get dismissed. It is thus essential to act promptly.
Why You Should File a Personal Injury Claim
For some people, filing a personal injury claim is not all about recovering damages. For some, filing a claim is a way to satisfy their need for closure after a disaster has occurred.
Personal injury accidents leave emotional trauma and stress in victims. It is worse if someone close to them caused the injury. In such cases, pecuniary compensation may not give them the closure they deserve.
However, knowing that the law holds the person who caused the accident accountable may go a long way in providing peace of mind. That is why personal injury victims are advised to seek therapy. It can help get back their emotional and mental stability.
How to Recover From Personal Injury
When you get into an accident and suffer injuries, you may file a personal injury claim if another person’s negligence caused the accident. However, filing for a claim does not mean you should neglect your care.
Injuries tend to have lasting effects. This is why if your injury is a long-lasting one, then the court may award you larger compensation. The compensation will help cover the costs of the recovery process and all bills incurred.
Additionally, the compensation will cover the wages you lost due to the injuries, as you may not have been able to work. Further, the compensation covers your inability to work in the future.
Concluding Thoughts
If you have been injured due to another’s negligence and believe you deserve more than what insurance provides, consider acting immediately. However, you should first seek medical attention and report the incident without delay.
Keep all records related to your injury and expenses, and consult a trusted personal injury attorney to determine whether your situation warrants legal action.
