Carlsbad Personal Injury Lawyers
CALL (800) 863-5312 to speak with Carlsbad personal injury lawyers near you
No one wakes up thinking that today is going to be the day they are involved in a life-altering accident, but unfortunately, this scenario happens all the time for New Mexico residents. Being in an accident that leads to an injury, whether it is a car accident or something that happens at work, can be an extremely stressful, aggravating experience for the victim, as well as for their families. In these situations, having experienced Carlsbad personal injury lawyers in your corner who can fight for you can make all of the difference in the world.
If you or a loved one has suffered a personal injury and you are worried about dealing with the fallout, call the personal injury lawyers at Zinda Law Group today. Dial (800) 863-5312 and schedule a meeting for your free case evaluation.
What is personal injury?
Broadly speaking, personal injury law encompasses any situation in which one party sustains an injury–typically physical–because of the wrongful actions of another. Personal injury laws do not deal with every situation in which one party incurs an injury; for example, it will not come into play if a driver’s car causes an injury to another but the accident happened through no fault of their own. In order for one party to have a chance of recovering damages through personal injury laws, the other party must have acted intentionally or negligently; when that is the case, then the at-fault party may have to pay money, also referred to as damages, to the injured party.
What Is Negligence?
For a personal injury lawsuit based on negligence to be successful, the plaintiff must be able to prove four key elements. Speaking with a New Mexico attorney near you is likely the best way to determine whether these key elements can be proven in your specific situation:
1. First, they must prove that the allegedly at-fault party owed them some duty to act in a certain way; this can be based off of the obligation that every citizen has to follow the laws of their jurisdiction.
2. Next, they must prove that the allegedly at-fault party somehow breached that duty and did not have a viable excuse for doing so.
3. After that, the plaintiff must show that the defendant’s breach of duty actually did cause their injuries.
4. Finally, that they, the defendant, did sustain some type of harm.
Common types of personal injury accidents
Clearly, the definition of what falls into the category of personal injury law is very broad and encompasses many different types of situations. This being the case, it can be helpful to begin to narrow down and get an idea of what some of the more common types of accidents are. Ultimately, however, speaking with a Carlsbad personal injury lawyer is the best way to understand the specifics of your situation and whether you may be able to bring a successful claim.
Every day, New Mexico residents are involved in many car accidents; in fact, according to the most recent data available from the New Mexico Department of Transportation, a motor vehicle crash occurred on average every 11 minutes in New Mexico in 2019. These accidents can range from relatively minor occurrences like fender-benders that involve only minor damage to major highway pileups in which the vehicles involved are totaled and the passengers suffer serious physical injury or potentially even death. Whatever the severity of the car accident you were in, a Carlsbad injury lawyer can help you and your family navigate the difficult aftermath.
Hospitals and doctors’ offices are the places that we go when we get injured, and they are supposed to be safe places. However, it is important to remember that doctors and other medical professionals are fallible people, and as such, they are liable to make mistakes. When a medical professional makes a mistake that leads to injury, this is known as medical malpractice; these mistakes can come in many different forms, including prescribing an improper dosage of medicine, failing to diagnose a medical issue, or making an error during surgery.
Many workers might think that workplace accidents only happen in places that are more obviously dangerous, like construction sites; however, an accident can happen in any workplace, no matter how mundane it might seem. Workplace accidents have a unique wrinkle for the field of personal injury law given that workers’ compensation will typically be involved. Talking with a Carlsbad personal injury lawyer can help you understand whether filing a claim could be a viable way to recover for the damages that workers’ compensation doesn’t cover.
what to do after sustaining an injury
Seek Medical Attention
The most important step after any kind of accident is to speak with a medical professional; this is important even if you don’t think your injuries are that serious, or if you don’t think you sustained an injury at all. First, an injury may take a long time to manifest itself; going to a hospital or doctor’s office before this point can help catch it and stop any small problems from developing into larger problems down the road. In addition, there may be situations where another party may try to make the argument that your injuries are not as bad as you are claiming because there was a delay in seeking medical attention, so moving quickly helps address this.
Report the Accident
After addressing your immediate medical needs, report the accident to the proper authority; for example, if you were injured in a car accident, make sure that the police report to the scene and that you file an accident report with them. If you were injured at work, make sure that you speak with your supervisor or the HR department of your company; filing a report creates an official record of the accident and gives you a chance to tell your side of the story, which may strengthen your claim. There may also be rules requiring disclosure of the accident and reporting it to a boss or law enforcement officer will help ensure you are covered in this regard.
Document the Accident
During everything that happens after your accident, it is important to document all of the relevant evidence and paperwork as thoroughly as possible. For example, it is important to keep copies of any pictures related to the accident site or your injuries, the accident report, and any medical records that you have received from your treatment. At the early stages of a potential personal injury claim, it is far better to be overprepared than underprepared.
Speak with a Carlsbad Personal Injury Lawyer
One of the most important steps–if not THE most important step–in succeeding in your personal injury claim, is to partner with the right New Mexico attorney. An attorney can provide you with an initial consultation during which you’ll discuss the facts of your case to determine which direction you may be able to go and whether you would be a good fit. A good attorney should have experience with the applicable New Mexico law to be able to effectively argue your case, but also have the time to be able to give your case all of the attention that it deserves.
What is my case worth?
If you have started to wonder, “How do I find a lawyer near me?” then you have probably also started to wonder about how much your case could potentially be worth. Dealing with the aftermath of an injury can not only be very stressful but can also be very expensive, and money from a claim can help out in a desperate time. Unfortunately, there is no clear way without speaking with a New Mexico attorney to get an accurate estimate of what your case might be worth, but there are a few basics that can be helpful to your understanding when it comes to determining what you may be entitled to.
The most intuitive and straightforward type of damages that an accident victim might be entitled to are economic damages. Economic damages are the tangible, objectively verifiable losses that a victim incurs; they can include things like medical bills, costs to repair or replace damaged property, and lost wages from being forced to take time off of work. Economic damages will usually be proven with things like bills or receipts.
The other main category of damages is non-economic damages. Non-economic damages refer generally to the pain and suffering that an accident victim experiences as a result of their injuries. These types of damages are more difficult to assign a dollar figure to, but the general rule is: the bigger an impact an injury has on a victim’s life, the more they might be entitled to in the form of non-economic damages.
Call zinda law group today at (800) 863-5312 for a 100% free consultation
Deciding which Carlsbad injury attorney to hire could be the most important decision an accident victim makes during their case. At Zinda Law Group, we believe that victims shouldn’t need to worry about their ability to afford quality legal representation, which is why you won’t pay us anything until we win your case for you—that’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.