Answers to Frequently Asked Questions

Q: Is there a time limit on filing my personal injury claim in Albuquerque New Mexico?
A: YES. The Statute of Limitations restricts the amount of time you have to file a claim. Typically, accident cases allow you a specific time after the date of the accident to file your claim. Some cases have short filing periods. If you fail to file your claim in timely fashion, IT WILL BE FOREVER BARRED.

If your claim is against any sort of governmental entity, the time within which you must file may be very short. While you may have ample time to file a claim, you want to be absolutely sure that you comply with any and all notice and filing deadlines, and investigation is often a necessary prerequisite.

Q: An uninsured motorist injured me. Is there anything I can do?
A: There are avenues of recovery. First, it is possible that the other party has insurance, despite having no proof of it at the scene of the accident. In addition, even if they were personally uninsured, insurance may exist if that person borrowed the vehicle from an insured driver, or that person may be insured through a relative or employer.

It is also possible that a claim may be made through your own insurance policy(ies) depending on the type of coverage you previously purchased. Claims may be made through the underinsured or uninsured motorist provisions of your policy(ies).

Q: How much does it cost to hire a personal injury attorney?
A: You may find an attorney to represent you in an injury case on a contingency basis. That means you do not pay an hourly fee; rather, the attorney is paid a percentage of the entire recovery for your case at its conclusion. However, you are responsible for “costs” incurred in your case, regardless of the final outcome.

“Costs” may include, but are not limited to, filing fees, deposition charges, expert witness fees and other litigation-associated expenses. If you need help in settling the property damage aspect of your case, many lawyers will generally not charge you a fee in doing so.

Q: Do I have a personal injury case?
A: This really depends upon a variety of factors. An attorney generally will be unable to say “yes” or “no” without first having a full understanding of the circumstances of each particular legal situation.

Q: What if I have a case but am not in one of the states you serve?
A: You can visit the National Association of Personal Injury Lawyers website to find an attorney to assist you.

Q: What has to be proved in an auto accident?
A: The negligence of the other driver.

Q: Do I need to see a doctor after I have been injured?
A: Yes. You need to be examined and your injuries need to be verified. This should include how long the physician thinks you will need to recover.

Q: Do I need a police report?
A: Yes. This will give us the details we need to understand your circumstances.

Q: What is a personal injury?
A: This is a physical or mental injury to your body, not to your personal.

Q: Will I be awarded damages for my personal injury case?
A: You may be able to collect for things such as, disfigurement, emotional trauma, pain and suffering, medical bills and lost income. The award may depend on the circumstances of the case.

Q: How do I prove someone else was negligent?
A: You only have to prove that the major portions of your evidence shows your injuries were caused by another person’s negligence.

Q: How long do I have to wait to have my claim settled?
A: This depends on the circumstances of the case. It may take anywhere from 3 to 18 months, or longer.

Q: What is wrongful death?
A: Wrongful death action is a civil lawsuit about a death caused by the negligence of someone else. Those who relied on the deceased person for financial help have the right to file a claim for compensation for the wrongful death.