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If you have been injured due to someone else’s intentional actions or negligence, you may be able to pursue compensation for your losses. You probably have a lot of questions when it comes to your case. It’s important to weigh your options and learn what personal injury law is, the wide range of personal injury cases Zinda Law Group handles, and the benefits of hiring Santa Fe personal injury lawyers.
If you or a loved one has been injured due to the fault of another and would like to learn more about filing a claim, call Zinda Law Group at (888) 474-8098 for a 100% free case evaluation with an experienced Santa Fe personal injury lawyer.
For a free legal consultation with a personal injury lawyer serving Santa Fe, call 800-863-5312
WHAT IS PERSONAL INJURY LAW?
Personal injury law focuses on the disputes that arise when one person suffers harm as a result of another party’s negligent or intentional conduct. Under personal injury law, the party that caused the harm may be held liable for the victim’s injuries. As a result, the at-fault party or that party’s insurance company may have to pay money, also referred to as “damages,” to the injured person for costs incurred as a result of the injury.
An injury victim wishing to bring a personal injury lawsuit must be able to prove four key elements:
- The alleged at-fault party owed a duty to the victim
- The alleged at-fault party breached the duty
- This breach of duty caused the victim’s injuries, and
- The victim sustained some type of harm.
A personal injury case is usually initiated and handled by a personal injury lawyer who agrees to represent the victim in a civil court proceeding. The case may proceed to trial. At trial, the attorney needs to prove fault by a preponderance of the evidence if the victim is to be awarded compensation for the harm suffered. Alternatively, the parties may agree to a settlement. The settlement process involves back-and-forth negotiations between those personally involved in the dispute, their insurers, and attorneys representing both sides.
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WHAT TO DO AFTER SUFFERING AN INJURY
Seek Medical Attention
The first and most important thing to do following an injury is to seek medical attention. Even if you think you did not suffer a serious injury, it may be helpful to get medical care, because some injuries take hours or days to manifest. Seeking prompt medical treatment may help expedite your recovery process.
Report the Accident
Next, you should report the accident. For example, if you were injured in an automobile accident, you should file an accident report with local law enforcement. Or, if you were injured while shopping at a department store, you should file an accident report with a manager or supervisor. Filing a report will create an official record of the accident, which may help strengthen your claim.
Document the Accident
Additionally, document all relevant evidence and paperwork related to the accident. This means creating and maintaining an organized file of every piece of important information regarding the accident. For instance, you should keep copies of photographs of your injuries, photographs of the area where the accident occurred, a copy of the accident report, and copies of all pertinent medical records.
Contact A Santa Fe Personal Injury Lawyer
Finally, consider discussing your case with A Santa Fe personal injury lawyer. A personal injury attorney will provide an initial consultation and offer helpful advice regarding your case. At Zinda Law Group, our Santa Fe personal injury lawyers are available 24/7 to speak with you.
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OUR SANTA FE PERSONAL INJURY LAWYERS SEEK MAXIMUM COMPENSATION FOR YOU
Compensation in personal injury cases comes in two forms: economic damages and non-economic damages.
Economic damages are damages that can be assigned a numerical value and are quantifiable. The primary forms of economic damages involved in most personal injury cases include:
- Medical bills
- Pharmacy bills
- Rehabilitation costs
- Lost income (present and future)
- Loss of earning capacity
On the other hand, non-economic damages refer to intangible losses that cannot be calculated on paper. Rather, non-economic damages are subjectively evaluated by the jury in a lawsuit. Types of non-economic damages in a personal injury case include:
- Pain and suffering
- Emotional distress
- Loss of consortium
Punitive damages are a third type of damages. They may be awarded to victims in personal injury cases where the at-fault party’s conduct was found to be especially reckless or intentional.
At Zinda Law Group, our team of personal injury lawyers takes the utmost pride in helping clients secure the compensation they deserve. Our attorneys will fight to protect your rights, making sure that you are compensated for all economic and non-economic damages.
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WHAT SETS US APART
Zinda Law Group’s personal injury lawyers offer years of experience navigating personal injury cases to help protect our clients’ rights. Let us work for you while you focus on recovering from your injuries.
Top-Notch Client Service
Zinda Law Group’s personal injury lawyers ensure that every client receives personal, individualized service. From the initial consultation up to the end of the case, our attorneys are eager to help clients navigate the legal process. In fact, we have over 1,000 5-star reviews from clients.
Zinda Law Group’s attorneys are no strangers to the courtroom. We have years of experience litigating personal injury cases from beginning to end. Because we treat every case as if it is going to trial, we give your case the attention it deserves.
A critical aspect of handling a personal injury claim is being able to effectively communicate with opposing counsel, insurance companies, and third parties. Zinda Law Group’s attorneys are experienced negotiators and are comfortable dealing with insurance companies and claims adjusters on your behalf. Our team of attorneys will work to ensure that multi-million-dollar insurance providers do not take advantage of you.
No Win, No Fee Guarantee
Zinda Law Group also believes that an injury victim should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
LET A ZINDA LAW GROUP’S PERSONAL INJURY LAWYERS FIGHT FOR YOU
Accidents happen, but no one should be left alone after an injury. If you would like to speak with an experienced Santa Fe personal injury lawyer, or to learn more about the claim filing process, call Zinda Law Group at (888) 474-8098 to receive your free case evaluation.
Common Types of Personal Injury Cases
Car accidents are the most common type of personal injury cases. They often occur because a driver is distracted or under the .
Trucking is one of the most common jobs in the United States, but it is also a highly exhausting one. Truck drivers are expected to drive for extremely long hours. As a result, they may be sleep deprived. Sleep deprivation is a major factor for automobile accidents, and a vehicle as large as an 18-wheeler can cause massive damage if it crashes into other vehicles on the highway.
Bike accidents may occur because drivers do not pay attention to bicyclists on the road, or because both parties believed they had the right-of-way.
are also unfortunately common. Motorcycles can be difficult for drivers to see and offer much less protection than a standard passenger vehicle.
are susceptible to all sorts of hazards in the streets. Whether it be cars, bicycles, or even electronic scooters, pedestrians are not exempt from road injuries just because they may not be operating a motor vehicle.
do not only occur in workplaces that involve physical labor. They can also occur in air-conditioned offices. Because New Mexico employers must have workers’ compensation because of the Workers’ Compensation Act, you may be unable to sue your employer if you get injured at the workplace. However, if your employer was grossly negligent, you may nevertheless be able to sue your employer.
Read More: Santa Fe Construction Accident Lawyers
Generally, property owners owe a duty to people whom they invite a safe premise. If an accident occurs on their property, they may be liable for resulting injuries, depending on who was injured and whether the property owner knew or should have known about the dangerous condition.
Though we may not expect a product that we buy to harm us, have been known to cause severe injuries to their users. If you end up getting injured by a consumer product, you may have a claim against the company that made the product.
Dog Bite Injuries
New Mexico law implements the “one bite” rule for. This means that a dog owner may be liable for his or her dog only after the dog has had one incident of aggressively biting another individual.
Family members of a deceased accident victim may file when their loved one was killed by the negligent or intentional actions of another.
Though different types of personal injuries can lead to different injuries, here are some common injuries that may occur from a personal injury accident.
- Brain Injury
- Spinal Cord Injury
- Nerve Damage
- Broken Legs/Arms
What to Do After Being Injured in an Accident
1. Get Medical Attention
After an accident, you should get a medical examination. This is true even if you feel fine after the accident. Furthermore, receiving medical attention will document your injuries, which may be useful if you decide to file a lawsuit.
2. Gather Evidence and Receipts
If you can, take photographs of the scene of the accident. If there were witnesses, get their names, addresses, and phone numbers. You will also want to collect receipts of expenses that resulted from the accident. For instance, you will want to collect medical bills or repair bills.
3. Call a Lawyer
Even if you feel comfortable filing a personal injury claim on your own, you should ask an experienced lawyer for some advice. An experienced lawyer who has handled hundreds of cases like yours may be a valuable asset.
Whom Can I Sue for My Personal Injury?
In most cases, you will be able to sue the at-fault party or their employer for your injury. If the person directly responsible for your injury is your employer and you have workers’ compensation, you may only sue the employer if the employer was grossly negligent or intentionally caused your injury. Otherwise, you may be limited to filing a workers’ compensation claim.
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
How to File a Personal Injury Claim
1. See if Your Insurance Company Can Cover Your Injuries
The person who injured you may not always have adequate insurance to compensate you for your injuries. In such cases, if you have insurance that covers your own injuries, you may wish to avoid the hassle of a lawsuit and simply get compensation from your insurance company.
2. Consult with Attorney
Minor injuries may not warrant acquiring a lawyer. If your accident was severe, however, you may wish to consult an attorney to help maximize your compensation.
3. Decide Whether to File a Lawsuit
Lawsuits are generally the last resort in a personal injury case. Many personal injury cases settle before a lawsuit is even filed, and they rarely go all the way to trial. If you are seeking compensation from another party, you may simply be able to file what is called a “third-party” claim against the party’s insurance carrier. If you don’t receive an adequate settlement through this process, then you may wish to file a claim in your state court.
Personal Injury Compensation
If you win a personal injury case, you may receive compensation for economic losses and non-economic losses. Economic losses are objective financial expenses. These include medical bills and lost wages. Non-economic losses are subjective and non-monetary. These include pain and suffering and disfigurement.
Dealing with Insurance Companies
1. Don’t Sign Medical Releases Provided by Another Party’s Insurance Company
When you get injured in an accident, the other party’s insurance company may contact you and ask you to sign a medical release. You should not sign any release because they will be able to access your medical records, and they may try to use the information from the records to dispute your injuries and avoid paying you any compensation.
2. Don’t Settle Your Claim Quickly
Though you may want to move on with your life after being involved in an accident, you may not want to move too quickly. Once a settlement is over, it is over for good. If you settle without fully evaluating your claim, you may be shortchanged.
3. Don’t Believe Insurance Claim Adjuster’s Value of Your Injuries
Because insurance companies need to make a profit, they will not always give you the amount of compensation you deserve. Thus, when a claims adjuster tells you how much your injuries are worth, take it with a grain of salt.
Read More: How to Calculate the Value of a Case
How Long Does a Personal Injury Claim Take?
A personal injury claim can take weeks or years. Every personal injury is unique, but there is a general timeline. Once you hire your lawyer, they may try to negotiate with the opposing party. Your lawyer may also file a claim in court. The lawsuit process will likely include discovery, which is a process where your lawyer will find and gather evidence to support your claim. The opposing party or their insurance company may make a settlement offer at any time throughout this process. If there is no settlement, your lawyer may represent you at trial. After the trial, if it was a jury trial, the jury will decide whether you are entitled to compensation, and if so, how much.
When Do I Hire a Personal Injury Attorney?
Not every personal injury case calls for a lawyer. If your injury is minor, for example, then you probably will not need to call a lawyer. Even if you have a viable claim against the other party, there may be no need to go through a costly legal process if your damages were not severe. On the other hand, if you received severe injuries, you may want to consider a lawyer to help make sure you are fairly compensated.
Before you call a lawyer, you should also ask whether your injury was caused by another individual. If you caused the injury yourself, then the strength of your claim diminishes. You should also ask how comfortable you are with the law. Though the law may sometimes seem straightforward, there are complexities that an experienced lawyer may be better suited to handle. In such cases, you should call a lawyer rather than attempting to file a lawsuit yourself.
What Is the Difference Between Personal Injury and Bodily Injury?
Bodily injury coverage and personal injury coverage differ in the individual that they cover. Personal injury coverage covers for your own personal injury or death, while bodily injury coverage covers for other people’s injury or death.
Statute of Limitations in New Mexico
If you decide to file a personal injury lawsuit, you have three years from the date of the injury to do so. It is important that you file before the three-year deadline passes because a court will not hear your case if you file past the deadline.
CONTACT A SANTA FE PERSONAL INJURY LAWYER
The experienced attorneys at Zinda Law Group may be able to help you with your personal injury claim. After an accident, you shouldn’t have to worry about affording legal representation, which is why we work on a contingency fee basis. You don’t owe us anything unless we win your case.
Call us today at (800) 863-5312 for a free consultation with one of our Santa Fe personal injury lawyers.
Call or text 800-863-5312 or complete a Free Case Evaluation form