FAQs
Will Ferguson & Associates
What is pure comparative negligence?
Pure comparative negligence is a legal standard that compares the degree of fault between parties in an accident. If one party files a lawsuit against another for damages, they can only recover compensation based on the percentage of negligence assigned to the other party. For example, if you're hurt in a car accident and the other driver is found to be 80 percent at fault for your injuries, you can still pursue a claim against them, but you'll only be awarded 80 percent of the total compensation.How do I calculate my economic damages?
You'll need to total all of the financial costs resulting from your accident to determine your economic damages. This includes both current and future expenses, such as anticipated lost wages or ongoing medical care costs. Be sure to include expenses for rehabilitation, mental health services, and caregiving assistance when applicable.What's the deadline for filing an injury claim in New Mexico?
You have three years from the date of your injury to file your claim, in most cases. This deadline is referred to as the statute of limitations. If you fail to submit your case within this timeframe, you may lose the ability to file a claim altogether.How long does it take to receive a settlement check?
While there's no exact answer, you can generally expect to wait anywhere from a few months to a year. In certain situations, your claim may extend beyond a year, particularly if you're still undergoing medical treatment for injuries from the accident or if your case proceeds to trial.Will I have to go to court?
Most personal injury cases don't require going to court to secure fair compensation. Your attorney can typically negotiate appropriate payment from the at-fault party or their insurance provider. However, if the other side refuses to offer fair compensation, taking your case to court may be necessary. Your attorney will ensure you're fully prepared if this becomes required.Can I bring a personal injury claim on behalf of a child in NM?
The possibility of something harmful happening to a child is frightening for any parent, but parents cannot shield their children from every danger. Children will experience injuries, and sometimes there's nothing that can be done to prevent them. However, there are numerous instances when children suffer harm due to negligence or wrongful conduct, and you have every right to feel upset when your child has been injured under such circumstances. You may be wondering if you can bring a personal injury claim on behalf of a child in NM. The answer is yes, and there are several important reasons to do so: seeking justice for your child, preventing similar injuries to others, and obtaining financial compensation for the losses you and your family have experienced. When your child has suffered an injury because of another person's negligence, filing an injury claim is an appropriate option for parents. Your child may need medical care, and you're likely the one covering these medical bills currently. Furthermore, your child might be missing school, their physical growth could be impacted by their injuries, and their emotional well-being could be affected. Your child needs to know you'll advocate for them when they've been harmed. You shouldn't be expected to bear the financial burden of an accident that neither you nor your child caused, and the responsible party must be held accountable when they injure children. You can see that you have the legal right to bring a personal injury claim on behalf of a child in NM. Don't delay in filing your claim to obtain the settlement you and your family require. Your child shouldn't have been injured, but filing a claim is the only path to securing justice for them. Call (505) 624-8095 or fill out the form below to connect with an attorney at Will Ferguson & Associates.Can I file a personal injury claim for my work accident in New Mexico?
Injuries can occur virtually anywhere, so they can certainly happen at work. You spend considerable time at your workplace, making it entirely possible for you to sustain an injury there. What should you do if you've been hurt on the job? You may be wondering whether you can file a personal injury claim for your work accident in New Mexico. Continue reading to learn when you can file a claim for a workplace accident. New Mexico law protects injured workers by offering them financial compensation when they've been hurt at work. For the majority of workplace injuries, you'll most likely want to file a workers comp claim. These claims provide monetary payments for your accident-related medical expenses and for wages lost due to missed work. There are certain circumstances when you could sue your New Mexico employer for an on-the-job injury. Here are several examples. If you're injured due to gross negligence by your employer, you may be able to file a lawsuit. For instance, if you develop an illness from chemical exposure that your employer was aware of but failed to address, this could permit you to pursue action against your employer. You can sue when your employer wasn't following workers compensation laws in New Mexico. For example, if your employer didn't obtain workers compensation insurance even though they were legally required to do so, you could file a lawsuit. Third-party accidents might allow you to sue the third party, though not typically your employer. So, if you're injured in a car collision while working, for instance, you may be able to sue the driver who caused the crash. If your employer physically assaults you, you could likely file a lawsuit. Let's return to your question: can I file a personal injury claim for my work accident in New Mexico? It's best to be cautious, so consider calling a personal injury lawyer to find out. A free evaluation lets you discover whether you can file a claim or lawsuit for your workplace injury. Contact an injury attorney at Will Ferguson & Associates by dialing (505)-624-8095 or by completing the website submission form below.Can I sue after getting hit by a car on my bike in Albuquerque?
Many individuals enjoy using bicycles for transportation. It can benefit your health, it's certainly better for the environment, and it's inexpensive. You're likely aware that there are some dangers associated with riding a bike, particularly when riding near motor vehicles. If you've been in a bike collision, you may be asking yourself whether you can sue after getting hit by a car on your bike in Albuquerque. Certainly you can file a lawsuit for a bicycle collision in certain cases. The challenge lies in determining when you can sue. If you were responsible for your own bicycle accident, you likely won't be able to file a lawsuit. However, if another person caused your bike crash, then you probably could sue for your injuries and accident-related losses. For instance, if a reckless driver strikes you in Albuquerque, you could file a lawsuit in that circumstance. When you're injured due to poorly designed intersections, the government may be liable for your injuries. If you're hurt when a driver's brakes fail, a manufacturing company may be legally responsible for your accident and losses. Suppose you're injured when a driver's tire blows out because a mechanic was negligent while servicing the tire. You could potentially sue the mechanic for causing the accident. Filing a lawsuit for a bicycle accident could lead to financial compensation for you. You likely have losses you're dealing with, including medical expenses and lost wages. You have the right to pursue justice and financial compensation for injuries caused by another party. You now understand that you can sue after getting hit by a car on your bike in Albuquerque. You don't have to handle a bike accident claim by yourself, and you may be seeking legal assistance. Reach out to a bike collision attorney at Will Ferguson & Associates to get the help you need. Call (505)-624-8095 or fill in the form below to reach our firm.Can I sue a government agency for an accident in New Mexico?
Accidents can be caused by various people and entities, and sometimes they're caused by the government. The government, like any company, can in certain cases be held liable for harm they've caused due to negligence. There are numerous rules and regulations that outline government liability, but you should understand that the government can be held responsible for injuries caused by negligence. If you're asking yourself whether you can sue a government agency for an accident in New Mexico, you should know that you do have that right. Like all personal injury claims, you'll need to prove that the government was at fault for causing your harm because they acted negligently. How do you prove your case? First, you need to document your injuries and the accident in any ways available to you. You can use police reports, witness statements, photo and video evidence, or other forms of evidence to prove that your injuries occurred due to the government's negligence. For example, if you're injured in a car accident caused by a government employee who was driving drunk, the government could be held liable for their employee's conduct. If you're injured because a worker failed to clean up a spill in a government building, you may be able to sue the government. Investigation can uncover the evidence necessary to prove a government liability claim. Don't delay in beginning to file a claim against the government, as you have only ninety days to bring your claim in New Mexico. There are additional important rules and regulations that may impact your claim, so contact an attorney to discuss your options. Yes, you can sue a government agency for an accident in New Mexico. Learn more about this process by calling an injury lawyer at Will Ferguson & Associates. Dial (505)-624-8095 or fill out the form on this page to receive a free claim assessment.Do I have to go to court for a personal injury claim?
Many individuals who've been injured in an accident ask themselves: do I have to go to court for a personal injury claim? It's understandable for people who've never participated in court proceedings to feel anxious about it. However, learning more about the personal injury claim process may help ease your concerns. There are multiple steps in the injury claim process. Following an injury, you must first establish if another party was at fault for your accident. If you believe that's the case, then you'll need to prove it. The next step involves gathering evidence that demonstrates fault and building your case. Next, you should calculate your damages. You'll need this information when you file an injury claim with an insurance company. The amount of damages you've incurred is what the insurance company will compensate you for. They should then provide you with a reasonable settlement, but if they don't, that's when you can take your personal injury case to court. If the at-fault party's insurance company refuses to pay you a fair settlement, or declines to pay you any settlement whatsoever, you can sue by filing a lawsuit. Preparing for court is something your personal injury attorney has extensive experience with, and you don't need to be concerned about the process. It's extremely uncommon for your case to ever go to court, but if it did, your attorney would prepare you for it in advance. Using the evidence of fault and of your damages, your lawyer would present your case and argue that you deserve compensation for the losses you've experienced. Do you have to go to court for a personal injury claim? In most cases you won't have to, but it is possible. With a personal injury lawyer from Will Ferguson & Associates on your side, you can feel confident that you'll receive the best outcome possible for your case. Call 505-624-8095, or fill out the form located below.
