What Are Your Rights After a Personal Injury in New Mexico?

The Right to Medical Help

If you've been injured, you have the right to get medical care. Whether you've been hurt in a car accident, on a job site, as a visitor to a place of business, or in any other situation, don't let anyone convince you that you can't seek medical care until you've talked to an insurance company first or try to bully you into letting it go so they won't be liable for your expenses.You will need the medical records from treatment of your injury to bring a case, and the most important thing, of course, is making sure that you get seen and treated quickly. There are all kinds of injuries that can happen after an accident that are made worse by delays in treatment. In a worst-case scenario, you can even end up with permanent disability or diminished function because of an injury that you haven't properly treated.

The Right to Refrain From Discussing the Incident

Immediately after an accident, it's natural to want to talk about it with those around you. However, remember that you have the right not to discuss the incident until you've consulted your attorney. Any statements that you make, even if they are made innocently or just out of politeness, could be grabbed up and used against you by an insurance company or even in a legal context. Tell law enforcement about the facts of what happened, if the police are called, but otherwise avoid discussing the matter until you've talked to a lawyer and received free legal advice.

The Right to a Hobbs Personal Injury Attorney

If you've been injured because someone else was negligent, you absolutely have the right to talk to a personal injury lawyer and pursue a claim if appropriate. Don't be shocked if either the responsible individual or their insurance company want to try to talk you out of this step.An insurance company may tell you that you could be paid right now if you'll simply meet them at the bargaining table but that there will be delays if you talk to a lawyer. This is a tactic to keep you from having the protective representation you need. Once you have a lawyer, you will usually find the insurance companies start offering more realistic settlements because they know you're serious about protecting your rights.

The Right to Get Evidence From the Accident

You also have the right to gather evidence of what's happened to you from the scene of the accident. This might include photos or video from the scene or of your injuries and any property damage, but it can also include getting information from witnesses that can be used to build your case, as well as keeping your own record of what happened in a diary or journal.You should also make sure to make and get an official record of the accident, either with the police or possibly with your employer or another entity. If it's a report at a place of business, be sure to follow up with it to make sure they've filed a claim with their insurer.

The Right to File a Claim or Lawsuit

If you've been injured in an accident caused by someone else, you have the right to seek compensation from them by filing a claim with their insurance company or bringing a lawsuit in court. What you decide will depend on the circumstances of your injury. If you were injured at work, your employer may have workers compensation, and in that case, things will be different: usually, you cannot bring a lawsuit in this situation, but some things are guaranteed to you, even if the accident was your fault. If you were injured by a third party at work, or if you were injured in some other situation, you can bring a lawsuit to help you recover damages. Your lawyer can tell you more relative to your unique situation.Your claim or suit should seek compensation for your losses, including all the medical expenses you've had to pay out, any lost income you have from being unable to work, property damage, and much more. Again, it's wise to consult with a lawyer to make sure you are properly figuring your true damages and not missing something you could claim compensation for. Statistics indicate that those who bring a claim with a personal injury attorney regularly end up with higher settlements than those who do not.

Statute of Limitations

The statute of limitations gives you only a limited amount of time to bring a lawsuit. In New Mexico, in most cases of personal injury, you have three years to bring a claim. For those who are mentally incapacitated by the accident, they have one year to bring a claim after they recover. Minors who are injured before they turn 18 have one year from the time they turn 18 years old to bring a claim. There are also some exceptions and nuances to medical malpractice cases, so be sure to talk with an attorney as soon as possible to make sure there is no risk of losing your right to sue.If you need to sue the New Mexico government, there are some different rules. First, you have just 90 days to report the accident to the government and give them notice you are bringing a claim. This is not the same thing is actually bringing the claim, but if you don't do it, you won't be allowed to bring a lawsuit. After that, you have just two years to bring your lawsuit.

The Right to a Fair Settlement

You also have the right to negotiate for a fair settlement that properly covers your damages. While some of what you can recover will be limited by the amount of coverage an insurer offers, within that limit, you have the right to expect them to negotiate with you fairly. As mentioned above, sometimes the insurance companies don't negotiate in good faith, but having a lawyer with you is very helpful in this respect.And while in most cases you can only bring a claim for bad-faith practices against an insurer if they are your insurer, there are some limited exceptions if a third-party insurer is not fulfilling their obligations. A bad-faith situation is where an insurer refuses to fulfill their obligations in some way, so if you suspect an insurance company is treating you in bad faith, talk to your lawyer. New Mexico has little tolerance for this sort of behavior, and you can often recover not only your damages, but also your legal fees and punitive damages if an insurer acts in bad faith against you.If you've been injured in an accident, it's crucial to get started protecting your rights as soon as possible. Contact Cesar Ornelas Injury Law in Hobbs right away for help. We also serve clients in San Antonio, El Paso, Corona, Dallas, Midland, Odessa, Laredo, and Carlsbad.