Carlsbad Personal Injury Lawyer

When you’re hurt in a personal injury accident, it is an incredibly stressful experience. Whether it was a car accident, slip and fall, a workplace injury, or other type of accident, you may not know what to do next.

A Carlsbad personal injury attorney connected with 1-800-Injured can help you make sense of it all. With an attorney by your side to help you navigate the legal process, you will be able to focus on restoring your health.

All too often, those that suffer personal injuries also suffer grave injustices with insurance companies denying claims or offering too low a settlement to make up for your losses. Choose from the experienced personal injury attorneys. 1-800-Injured is a Lawyer & Medical Directory that can connect you to proven attorneys in Carlsbad, New Mexico. Call today for a free consultation.

What Is a Personal Injury Claim?

A personal injury is what happens when another person’s negligent, reckless, or intentional actions injures someone else. While a personal injury claim may sound similar to a criminal charge, it is different because it is a civil case. Personal injury claims are brought from the injured parties and their attorneys while criminal charges are brought forth by the government.

Additionally, personal injury claims are used to recover costs and compensation from the at-fault party for the financial losses of the victims. Criminal laws are used to punish a person for their actions through jail or prison time, fines, and probation.

If you have been injured as a result of someone else’s negligence, contact the Carlsbad personal injury attorneys with the assistance of 1-800-injured

Common Types of Personal Injury Cases in Carlsbad, NM

Carlsbad personal injury attorneys handle a variety of different types of personal injury cases. Here are some of the more common ones:

Car Accidents

By far the most common type of personal injury cases out there involve car accidents. The majority of car accidents are caused by drivers that are distracted, drunk, sleep deprived, or simply reckless in their actions.

Motorcycle Accidents

Since motorcycles offer less protection on the road than other vehicles, if you are injured in a motorcycle accident, your injuries will likely be severe. Head and brain injuries are quite common for motorcycle riders.

Truck Accidents

With truck accidents, catastrophic injuries usually occur. Trucks way much more than the average vehicle, even more so when they’re carrying a full load. Additionally, truck drivers may engage in drowsy driving to stay on schedule with their deliveries, a major factor when it comes to truck accidents.

Workplace Accidents

No matter where you work, whether it’s a construction site or seated at a desk inside an office building, workplace accidents can happen at any time. In New Mexico, employers must have workers’ compensation to cover your injuries and recovery. However, if they are grossly negligent in their actions, you may be able to file a personal injury claim against them. A Carlsbad personal injury attorney can help you with this type of injury claim. 

Medical Malpractice

It’s only reasonable to expect your doctor to take proper care of your health needs. When medical professionals fail to perform their jobs with due diligence, you may suffer from injuries that impact you for a lifetime. A personal injury law firm that specializes in handling cases of medical malpractice can be instrumental in your ability to recover compensation. Find an experienced attorney with 1-800-Injured today.

Wrongful Death

Losing someone you love is one of the most painful experiences you can ever endure. If your loved one died due to someone else’s negligent or intentional acts, you can file a wrongful death personal injury claim. You shouldn’t have to mourn your loss while trying to navigate the intricacies of the law. Let a Carlsbad personal injury attorney be there for you in your time of need to fight for justice.

What Injuries Most Commonly Occur in Personal Injury Cases?

With the personal injury case types listed above, they can present an array of injuries. The extent of these injuries will depend on the unique factors of the accident. In accidents with motor vehicles, the injuries can be mild with just some bruising and cuts or catastrophic with loss of limbs, spinal cord injuries, or traumatic brain injuries.

A traumatic brain injury or TBI is often one that goes unnoticed. When accident victims refuse medical treatment at the scene, they’re putting themselves in grave danger. Often, the symptoms of a brain injury aren’t apparent until hours or even days after the accident. This is why it’s so important to seek medical attention immediately or as soon as possible afterwards.

With medical malpractice, it’s not just doctors that can make mistakes in administering care. Other healthcare professionals can make prescription errors, fail to treat conditions or injuries, or cause surgical infections to develop. 

As for premises liability cases, those responsible for a property have to provide a duty of care to all visitors and hence, may be liable for certain accidents. Slips, trips, and falls are among the most common, and property owners may face a personal injury lawsuit if it can be shown they did not adequately warn or protect visitors from the danger. 

Pursuing a Personal Injury Claim in Carlsbad

While you can pursue personal injury claims on your own, it can be extremely stressful as you recover from your injuries. Carlsbad personal injury attorneys can help you by investigating and building a solid case.

From there, they will negotiate with the negligent party’s insurance company to reach a fair settlement. Should the amount be insufficient, they can file a lawsuit and take it to court.

The type of compensation you receive from your personal injury depends on numerous factors. You may be able to get past and future medical expenses, rehabilitation costs, loss of property, lost wages, diminished earning capacity, pain and suffering, and emotional damages, amongst other things.  

In New Mexico, most personal injuries have a statute of limitations of three years to file a lawsuit from the date of the accident. Working with a seasoned attorney through 1-800-Injured can ensure you file all the required paperwork before the time limit runs out.

With the New Mexico statute of limitations for personal injury, there are other factors to consider. Medical malpractice also allows for three years from the date of your injury or one year from the date this injury was discovered. A breach of contract allows for four years from the date of the breach while wrongful death allows for two years from the date of your loved one’s passing. 

What Types of Damages Are Available After an Accident in Carlsbad, NM?

In any kind of personal injury accident, you may receive compensatory damages. These are grouped into economic damages and non-economic damages.

Economic damages are the kind where a dollar amount can be specified through bills and receipts. Typically, these are your medical bills, lost wages, medications, property damages, and your diminished earning potential.

Non-economic damages are more subjective and really require a knowledgeable personal injury attorney to negotiate. These damages are non-monetary losses such as mental anguish, disfigurement, pain and suffering, and anxiety and depression.

Additionally, punitive damages may even be available in certain instances if the at-fault party acted with gross negligence or malice. Since a serious injury can affect the rest of your life, choose a personal injury attorney that can help you fight for justice through 1-800-Injured.

How Does a Personal Injury Claim Work?

Personal injury claims will vary to some degree since each case is unique. Generally, you will follow these steps to make your claim. 

Get Medical Treatment

After any type of accident, it’s important to have your injuries treated. You may need to go to the emergency room or have surgery and physical therapy. Getting treatment for your injuries creates medical records that can prove your injuries. 

Document the Evidence

Photos, videos, receipts, witness contact information, and other vital pieces of information all can help to support your claim. By keeping these things organized, your attorney can use them to negotiate on your behalf.

Request a Settlement

With the assistance of a proven attorney through 1-800-Injured, you can then seek a settlement for your injuries. Often, this may create some back and forth with the negotiations on both sides until a satisfactory amount is achieved. While a minor claim may be easy to settle on your own if the damage is minimal and there are no injuries, when faced with serious injuries, having legal representation gives you a greater chance for success. 

Start the Lawsuit

If neither side can agree on a settlement, the next step is filing the lawsuit. Then the discovery process will begin. Both sides will investigate the facts and circumstances, which may include consulting experts and deposing witnesses.

Proceed to Trial

Up to this point, negotiations can still be on the table. However, if neither of the parties are in agreement on the settlement offers, then the case goes to court. Since it is your burden as the injured party to prove your case, a seasoned personal injury attorney can be instrumental in helping you achieve optimal results.

For personal injury accidents, it must be shown that the defendant’s negligence caused the accident. In doing so, you may receive compensation for your economic and non-economic damages.

1-800-Injured is a Lawyer & Medical Directory you can contact to find representation for your case. Call today for a free consultation.  

What Is Negligence and Why Is Proving it Important?

When it comes to personal injury and making claims, moving forward requires proof of negligence. As mentioned, you as the injured party must show that the negligent party owed you a duty of care and furthermore, failed to provide that duty. Known as a breach of duty, you must prove it to be the reason for your injuries.

In the event someone else’s negligent acts led to your injuries, it is imperative that you speak with the seasoned attorneys you’ll find through 1-800-Injured to get the right representation.

In every type of claim for personal injury, whether it is a car crash, slip and fall, medical malpractice, dog bite, or something else, you have the burden of proof for negligence. Digging deeper, you’ll need to prove four things – duty, breach, causation, and damages – to win your case. 

Duty

You’ll first have to show the defendant owed you a duty of care. This is evident with a doctor that owes a patient competent medical care. It’s also seen in auto wrecks when a driver is expected to operate a motor vehicle in a safe and prudent way.

In slip and fall cases, the property owner owes all visitors invited to the premises a safe experience. If they failed to do so, they did not provide a duty of care. In order for your case to proceed, it must be shown this duty was owed to you in the circumstances.

Breach

Breaching the legal duty of care by acting in a certain way or failing to provide something is another important element of negligence. The court will look at whether or not the defendant breached this duty by performing an action (or not performing it) that a reasonable and prudent person would do in a similar set of circumstances.

A defendant will most likely be found negligent if the average reasonable person would know that their actions or inactions would lead to an injury. 

Causation

With causation, the defendant’s actions or lack of action was what caused the injuries to the plaintiff. Showing that the defendant acted negligently and as a result, led to your injuries is another element of the case. An example of negligent behavior in auto accidents is texting and driving. If it can be shown that the defendant was actively texting when they collided with your vehicle, and that this accident caused your injuries, then you have causation.

Damages

The final portion of proving negligence for personal injury is damages. This will require the court to compensate the injured through monetary compensation. Depending on the factors of your case, this could be medical care, property repair, lost wages, and pain and suffering. As the burden of proof is on you, retaining the services of an experienced attorney for your type of personal injury accident is encouraged. Through 1-800-Injured, you will have access to a personal injury law firm that can work for a positive outcome. 

Benefits of Hiring a Lawyer for Your Personal Injury Claim in Carlsbad

While it will certainly help if you have a strong case against the negligent party who caused your injuries, you’ll have a better chance of succeeding in your case with an attorney. The insurance company may try to deny your claims for frivolous reasons. It may also try to offer you less in compensation when you’re trying to file on your own.

Insurance companies look for ways to protect the bottom line. The less they can pay out for settlements, the better that bottom line will be. Experienced attorneys know this and are well versed in all the applicable laws surrounding accidents of all kinds. 

Trying to negotiate on your own, you may not realize all the damages that you are entitled to receive. All too often, those that represent themselves after an injury find that the amount they were given is not sufficient to cover all their expenses. When an accident of some kind caused your injury and you were not at fault, why should you have to suffer for a lifetime or incur more debt due to another person’s negligence?

You need a diligent personal injury attorney to help you navigate the process for what is fair and right. Here are the benefits of hiring one to represent you: 

Gather Evidence

Many people are too frazzled or severely injured to even think about getting the right evidence after an accident. With an attorney, they will look for surveillance videos, seek experts, get the police report, and all other bits of evidence to help you win your case.

Prevent Mistakes

With an attorney to represent you, they will speak on your behalf. That means you won’t make the mistake of agreeing to provide a recorded statement or sign the medical release for your insurance company. These things can weaken your case and impact the settlement amount. 

Understanding of the Law

Hiring an attorney in New Mexico means that you have someone on your side that knows all the laws in this state. Additionally, they will know the court procedures and what is and isn’t applicable in your claim.

Negotiate on Your Behalf

Negotiations are never easy, especially after suffering a life-altering event. Insurance companies use a number of tactics to try to minimize the settlement amount. Their goal is to find ways to deny your claim or reduce the amount of compensation paid out to you. With a lawyer to do the negotiating, you won’t have that added stress on top of trying to recover from those injuries. They will fight for what is fair to help you get a positive outcome. 

File a Lawsuit for You

In the event the negotiations don’t produce an adequate settlement, a lawyer will be able to pursue a lawsuit. Often, insurance companies try to drag things out so they go beyond the statute of limitations. Experienced lawyers know these tricks and work to ensure your case is filed in plenty of time.

No Cost Without a Win

Additionally, you have nothing to lose if you’re not getting anywhere negotiating for yourself with your personal injury claims. Most accident victims worry about having more expenses to deal with, and hiring a diligent lawyer shouldn’t be part of that worry.

Contact Us for a Free Case Review

You have been through enough with your accident, and it will take time for things to get back to a normal cadence. Your injuries may be so severe that your life will be forever altered and trying to adjust is difficult enough. Don’t let the stress of fighting to recover your losses from not being able to work, your injuries, and your other damages interfere with recovering your health.

With 1-800-Injured, you can find an established and aggressive attorney who will go to bat for you in your personal injury case. Contact us for a free initial consultation today.