New Mexico Personal Injury Lawyer
Injured due to someone else's negligence? Attorney Andras Szantho can help
Accidents happen. You may have been hurt in a fall at a grocery store, bitten by a dog at a friend's house or injured at a sporting event or another activity. Depending on the injury, you may be dealing with medical bills, physical therapy, time away from work and other expenses. You might even have to make significant lifestyle changes to deal with chronic pain or a permanent disability. That’s when you need an experienced New Mexico personal injury lawyer to fight for your rights.
By law, you are entitled to compensation if your injury was the result of someone else's negligent behavior. To get the compensation you deserve, however, you need to prove that the accident was someone else's fault. In many cases, they'll likely be someone disputing your claim and pointing the finger at you.
Such scare tactics don't intimidate us. Albuquerque personal injury attorney Andras Szantho has years of experience representing injured people during some of the most difficult times of their lives. A former New Mexico prosecutor with extensive courtroom experience, attorney Szantho understands legal system and knows how to build a strong legal case. We can fight for the justice you rightfully deserve.
Moving on after an injury is never easy, but it's much easier with an aggressive New Mexico personal injury attorney on your side. Contact the Szantho Law Firm today and schedule your free case evaluation.
“They were absolutely awesome! Very informative, they treated me with respect they really went to bat when any problems arose during the process. I have seen a lot of different people with injury lawsuits that waited years and they had my situation solved in months! I would recommend them to anyone anytime for any reason!” – Vickie
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FAQs about personal injury accidents in New Mexico
- What are the most common types of personal injury claims and lawsuits in New Mexico?
- What should I do immediately after a personal injury accident?
- How do I know whether I have a personal injury case?
- How do I prove negligence in a personal injury case?
- What types of compensation can I recover in a personal injury case?
- Can I file a personal injury claim on my own?
- How much is my case worth?
- What if I was partially responsible for my accident?
- What happens if the at-fault party doesn’t have insurance or has insufficient coverage?
- Is there a deadline to file for injury compensation in New Mexico?
- Can I still file a personal injury claim if my injuries don’t appear right away?
- Can I recover damages for emotional distress or pain and suffering?
- How can you help me deal with insurance companies?
- How long will my case take? Do I have to go to court?
- How does hiring a personal injury lawyer increase my chances of a successful outcome?
What are the most common types of personal injury claims and lawsuits in New Mexico?
Understanding the most common types of personal injury claims and lawsuits can help you identify whether your situation qualifies for compensation. In New Mexico, various circumstances can lead to personal injury claims, but certain types of accidents and injuries are more frequent. Here’s a breakdown of the most common personal injury cases, which can serve as a helpful guide for anyone considering legal action:
- Car accidents – These are one of the leading causes of personal injury claims in New Mexico. Whether it’s a collision involving cars, trucks, motorcycles, or pedestrians, victims often suffer serious injuries that require compensation for medical bills, lost wages, and pain and suffering.
- Slip and fall accidents – Property owners in New Mexico have a legal duty to maintain safe premises. When someone slips, trips, or falls due to hazardous conditions like wet floors or poorly maintained walkways, they may have grounds to file a premises liability claim.
- Medical malpractice – If a healthcare provider’s negligence results in injury or worsens a condition, you may have a medical malpractice claim. This can include surgical errors, misdiagnoses, medication mistakes, or other forms of substandard care.
- Workplace accidents – In New Mexico, workers who are injured on the job may pursue compensation through workers’ compensation claims or personal injury lawsuits, especially when a third party is responsible for the injury (e.g., a contractor or equipment manufacturer).
- Defective product claims – When a defective or dangerous product causes injury, victims may file a product liability claim against manufacturers, designers, or retailers. This includes cases involving defective auto parts, medical devices, or household products.
- Wrongful death – If a loved one dies due to someone else’s negligence, their surviving family members may file a wrongful death lawsuit to recover compensation for funeral costs, lost income, and emotional suffering.
- Dog bites and animal attacks – In New Mexico, dog owners and other animal owners can be held liable if their pet causes injury to someone. Dog bites and other animal attacks often lead to serious injuries, including lacerations, infections, and emotional trauma. Victims can file a personal injury claim to recover compensation for medical bills, lost wages, pain and suffering, and any long-term effects caused by the attack. These cases often depend on proving that the animal’s owner failed to take proper precautions to prevent the attack, making it important to gather evidence such as witness statements and medical reports.
Identifying the type of personal injury claim you have is the first step toward securing compensation. Because each type of claim involves different legal complexities and timelines, consulting with a New Mexico personal injury lawyer can help you understand your options and improve your chances of a successful outcome. A lawyer will ensure your case is handled properly, so you don’t have to go through the process alone.
What should I do immediately after a personal injury accident?
Taking the right steps immediately after a personal injury accident in New Mexico can protect your health, strengthen your evidence, and improve your chances of securing full compensation for your injuries. Here’s a list of what you should do immediately after a personal injury accident in New Mexico:
- Check for injuries – Prioritize your safety and the safety of others involved. Call 911 if anyone is seriously injured.
- Report the accident – Notify local authorities, especially if it involves a car accident. In New Mexico, it’s required by law to report accidents that result in injury or significant property damage.
- Seek medical attention – Even if you don’t think you’re injured, visit a doctor to assess for hidden injuries. Medical records are essential for any personal injury claim.
- Document the scene – Take photos and videos of the accident scene, your injuries, property damage, and any relevant road or environmental conditions.
- Get contact information – Collect the names, phone numbers, and addresses of anyone involved, including witnesses. If applicable, also exchange insurance information.
- Avoid admitting fault – Do not apologize or admit responsibility for the accident, as this could harm your claim.
- File a police report – In New Mexico, it’s important to get an official record of the accident, which can be used in your personal injury case.
- Notify your insurance company – Report the accident to your insurance provider, but avoid giving detailed statements without speaking to a lawyer first.
- Keep records – Save all medical bills, repair estimates, and other paperwork related to the accident. Document any missed work and how the injury has impacted your life.
- Contact a personal injury lawyer – Consult a New Mexico personal injury attorney to understand your legal rights and start your claim. Many offer free consultations.
Following these steps will help protect your health and any potential claim for compensation in New Mexico.
How do I know whether I have a personal injury case?
In order to successfully obtain compensation for a personal injury claim, you need to prove you were injured as a result of someone else's negligence. In particular, you need to show that a person or business had a responsibility to you, that they failed in that responsibility, and that you suffered a loss as a result of that failure.
For instance, if you are hurt in a slip-and-fall accident at a store, you may have a personal injury claim against the owner of the store. That's because the store's ownership has a responsibility to maintain a safe environment on the premises.
Knowing whether a particular personal injury accident qualifies for compensation can be difficult. That's why we want to meet with you and evaluate your case for free. Personal injury attorney Andras Szantho can help you understand whether you have a case and what the best way is to address your accident.
How do I prove negligence in a personal injury case?
To prove negligence in a personal injury case, you must demonstrate the following key elements:
- Duty of care – Show that the defendant had a legal obligation to act reasonably to prevent harm. For example, a driver has a duty to follow traffic laws.
- Breach of duty – Prove that the defendant failed to meet their duty of care by acting or failing to act in a way that a reasonable person would. This might include speeding, running a red light, or failing to maintain safe property conditions.
- Causation – Demonstrate that the defendant’s breach of duty directly caused your injury. You must establish a clear link between the defendant's actions (or inaction) and the harm you suffered.
- Damages – Provide evidence of the actual losses you incurred due to the injury, such as medical bills, lost wages, pain and suffering, or property damage.
- Supporting evidence – Collect documentation like photos, witness statements, medical records, accident reports, and expert testimony to solidify your case and show how the defendant’s negligence caused your injury.
Each of these elements is critical to proving negligence and securing compensation in your personal injury case.
What types of compensation can I recover in a personal injury case?
Understanding the types of compensation you may be eligible to recover after a personal injury accident is crucial to ensuring you seek the full amount you deserve. Different categories of compensation cover various aspects of your losses, from immediate medical expenses to long-term emotional distress. Knowing these categories can help you maximize your claim and recover from your injuries without facing financial strain. Here’s what you could potentially recover:
- Medical expenses – This includes both past and future medical costs related to the injury, such as hospital bills, surgeries, medications, rehabilitation, and ongoing care.
- Lost wages – If your injury caused you to miss work, you can recover compensation for the income you’ve lost during your recovery. This also includes lost earning capacity if your ability to work has been permanently affected.
- Property damage – If the accident resulted in damage to your personal property (e.g., vehicle damage in a car accident), you can recover the costs of repair or replacement.
- Pain and suffering – Compensation for the physical pain and emotional suffering caused by the accident. In New Mexico, this can also include mental anguish, loss of enjoyment of life, and emotional distress.
- Loss of consortium – If your injury has affected your relationship with your spouse or family, you may be able to recover compensation for loss of companionship, affection, or intimacy.
- Punitive damages – In rare cases where the defendant’s behavior was especially reckless or intentional, New Mexico courts may award punitive damages to punish the wrongdoer and deter future misconduct.
Pursuing the full range of compensation you're entitled to can be complicated, and it often requires strong legal advocacy. An experienced personal injury lawyer can help you identify all potential damages and ensure you don't miss out on valuable compensation. Reach out for a consultation to protect your rights and make the process easier.
Can I file a personal injury claim on my own?
In principle, yes, you can, but the laws governing personal injury accidents in New Mexico are complex. The official paperwork and applications often involved in these cases can also often be confusing. If you miss a deadline, make a mistake on a form or file your claim in the wrong court, it may be difficult or nearly impossible to get the compensation you need after your accident. Attorney Andras Szantho knows the courts from Albuquerque to Santa Fe and throughout New Mexico. He understands how the legal system works and where every form and application needs to be filed. As your legal team, we can make sure your claim is filed properly and gets the attention it deserves. If the insurance company won’t be reasonable and make you a substantial settlement offer, we prepare to file a personal injury lawsuit.
How much is my case worth?
Every personal injury case is different. The amount of compensation you may be eligible to receive depends on the nature of your accident. You may be entitled to a few thousand dollars or perhaps even millions of dollars in damages, the legal term for financial compensation. The compensation you're entitled to receive includes expenses directly related to your accident, including medical bills, physical therapy and lost wages if you were unable to work. You can collect those damages even if you used sick time or had treatment covered by your health insurance - note, however, that your insurance company will ask to be reimbursed.
In cases involving spinal injuries, brain injuries, injuries requiring amputation and other permanent damage to the body, you may be entitled to greater compensation due to the long-term impact of the accident on your life. For instance, if an accident leaves you disabled and unable to work, you may be entitled to compensation for lost earning potential. Compensation for pain and suffering can also be substantial, especially if the accident leaves you with chronic pain. You may also be eligible for compensation for loss of consortium - that is, an inability to interact with family and friends as you could before the accident - or lost opportunities.
If your accident was a result of another person's intentional or malicious actions, you might even be awarded punitive damages - that is, damages intended to punish the defendant for particularly egregious behavior.
All these different types of compensation illustrate why it's important to retain our firm immediately after your accident. Insurance companies may deliberately overlook or downplay some of the compensation you need. They don't intimidate us. We will aggressively fight for every cent you deserve.
What if I was partially responsible for my accident?
New Mexico uses the legal principle of comparative negligence. Basically, that means that if you were partially at fault for the accident, any damages awarded will be reduced according to your amount of comparative fault. For instance, if you are found to be 40 percent responsible for the injury and you are awarded $100,000 in damages, that award will be reduced by 40 percent, leaving you with an actual award of $60,000.
Accidents involving comparative negligence can be complicated cases. The defense will likely try to argue that you were fully responsible for the accident, meaning the party who caused your injury isn't liable at all. These cases often go to trial. That's why you need attorney Andras Szantho, a former New Mexico prosecutor who thrives in the courtroom. He understands how the legal system works here and he can argue your case in court.
What happens if the at-fault party doesn’t have insurance or has insufficient coverage?
If the at-fault party doesn’t have insurance or has insufficient coverage, you may still be able to recover compensation through your own insurance policy. In New Mexico, uninsured/underinsured motorist (UM/UIM) coverage is available and can help cover your medical bills, lost wages, and other damages. Additionally, you may have the option to file a personal injury lawsuit against the at-fault party, though recovering compensation could be more difficult. A personal injury lawyer can help you explore your options and secure the compensation you need.
Is there a deadline to file for injury compensation in New Mexico?
Yes, New Mexico has a statute of limitations on filing a personal injury claims as well as wrongful death lawsuits following a fatal accident. Generally, you have three years from the date of the accident or death to file a claim or lawsuit. Three years might sound like a long time, but it’s important for your lawyer to start collecting evidence before it disappears. Remember, witnesses forget things, security camera video is routinely erased, and injuries heal. You also need time to negotiate with stubborn insurance companies. Also, if they try to stall until the statute of limitations is up, you’re going to need time to call them out on their unfair tactic and file a lawsuit.
Can I still file a personal injury claim if my injuries don’t appear right away?
Yes, you can still pursue a personal injury claim even if your injuries don’t show up immediately. Some injuries have delayed symptoms, but that doesn’t change your right to seek compensation. It’s crucial to document any new symptoms and get medical attention as soon as you notice them. Speaking with a lawyer early on can help you navigate the claim process and ensure you don’t miss any deadlines.
Can I recover damages for emotional distress or pain and suffering?
Absolutely, you can recover damages for emotional distress and pain and suffering in a personal injury case. These damages are meant to account for the non-economic losses that deeply affect your quality of life. A skilled attorney can help quantify these intangible losses and fight for the compensation you deserve based on the severity of your experience.
How can you help me deal with insurance companies?
Insurance companies are constantly looking to settle personal injury claims for as little money as possible. They're adept at finding ways to get injured people to accept small settlements and forfeit their right to additional compensation. An insurance company may deliberately ignore certain aspects of your case, such as lost wages or lost future earnings. They may try to get you to accept a settlement before you've completed your medical treatment and know the full extent of your injury. They may even argue that your injuries weren't a result of your accident but rather due to a pre-existing condition.
Your initial settlement offer from the insurance company is likely much less than how much they're truly willing to pay. We know how to deal with insurance companies and get the money you deserve. As your New Mexico personal injury lawyer, we can answer questions on your behalf and make sure insurance companies don't pressure you into disclosing information they could use against you. Our legal team will thoroughly investigate your case and pursue every possible source of compensation. We take a hard line when negotiating with law firms. If necessary, we're prepared to bring your case to trial. That's why we have such a strong track record of success.
How long will my case take? Do I have to go to court?
Every personal injury case is different. It's impossible to know ahead of time exactly how long your case will take. Much of the timing depends on the extent of your injuries and how long it takes for you to make a full recovery. The courts have guidelines for reaching a judgment within a reasonable amount of time depending on the complexity of the case. Cases that settle out of court generally take less time to resolve. During our initial consultation, we'll review the circumstances of your case and give you an idea of how long it is likely to take to resolve your specific legal matter.
Most personal injury cases are resolved before going to trial, which means you will not need to appear in court. Some cases do need to be heard before a jury, however, especially when there is a dispute as to whether the injured person or the defendant was actually at fault for the accident. That's why you need Andras Szantho, an experienced and aggressive trial lawyer, on your side. Even if your case settles out of court, insurance companies will often offer a higher settlement to avoid facing us before a jury.
After an accident, we understand most people want to settle their case as quickly as possible. Insurance companies know this as well. That's why they often make low-ball offers to injury victims soon after an accident. Don't be tempted to take an offer that doesn't even come close to covering the true cost of your accident. Contact our law firm and put our dedicated legal team to work for you. We will fight for every cent you rightfully deserve. And we will not rest until justice is served.
How does hiring a personal injury lawyer increase my chances of a successful outcome?
Hiring a personal injury lawyer significantly improves your chances of a successful outcome by providing expertise, resources, and legal guidance that can be difficult to manage on your own. A lawyer can help ensure you receive fair compensation and avoid costly mistakes. Here are some specific ways a lawyer increases your chances of success:
- In-depth legal knowledge – Personal injury lawyers understand the intricacies of the law, including statutes of limitations, liability, and insurance regulations in New Mexico, helping you navigate complex legal requirements.
- Evidence gathering – A lawyer knows how to gather and preserve key evidence, such as medical records, witness statements, and accident reports, to build a strong case that proves negligence and maximizes compensation.
- Negotiating with insurance companies – Lawyers are skilled in negotiating with insurance companies that often try to minimize payouts. They can ensure you’re not shortchanged by lowball offers and fight for the compensation you truly deserve.
- Accurate valuation of damages – A lawyer can assess all of your losses, including medical expenses, lost wages, pain and suffering, and future damages, ensuring you pursue the full amount of compensation available.
- Courtroom representation – If your case goes to trial, a lawyer will represent you in court, make sure your case is presented effectively, and handle all legal procedures on your behalf.
Working with an experienced personal injury lawyer ensures that your rights are protected and can make a significant difference in the outcome of your case. Reach out to a lawyer to get the legal support you need to improve your chances of a favorable settlement or verdict.