Taos Personal Injury Lawyer

Taos Personal Injury Attorney

When someone’s negligence causes a personal injury, the consequences can be immediate and long-lasting. Medical bills can pile up even when you have adequate health insurance, and there can be emotional trauma that lingers long after the accident. Justice does not always come quickly in Taos, but the help of a Taos personal injury lawyer can hold the at-fault party accountable. With the right legal representation, you could be entitled to financial compensation.

Personal Injury Basics

The typical personal injury case starts soon after someone is injured or killed due to the negligence or misconduct of a person or group. Bringing your case to Court with the assistance of an experienced firm like Egolf + Ferlic + Martinez + Harwood allows individuals who were harmed (whether physically, emotionally, or reputationally) to demand fair compensation from the party who caused them harm. A personal injury lawsuit usually begins with the plaintiff’s attorney mailing a demand letter to the defendant.

The letter details the facts of the case and allows the defendant to resolve the matter without litigation. The defendant can make a counteroffer, pay the settlement request, or ignore the letter. If the defendant does make a fair settlement offer, the plaintiff’s attorney can file a personal injury case. Once the case is filed and the defendant is served notice of the case, the discovery suite begins, where both parties request information and evidence from the other party.

The majority of cases are resolved through a settlement. Most defendants, especially when faced with unfavorable evidence, will not want to risk a trial before a judge or jury. One of the jobs of a personal injury lawyer is to provide advice and legal counsel on whether the defendant’s settlement offer adequately pays for past expenses that resulted from the injury and future costs that may be incurred by the plaintiff.

If both parties cannot agree to a settlement amount, the case will go to trial, where a jury or judge will decide who is at fault and what fair compensation looks like.

Common Types of Personal Injury Cases

Injuries can occur in a number of ways after an accident. If your injury resulted from someone else’s negligence or misconduct, you may be entitled to financial compensation that covers the cost of your injuries. While different accidents pose different risks, some of the most common injuries we encounter in our office include:

• Brain injuries: Brain injuries can result from car accidents, medical malpractice, slip-and-fall accidents, and other causes of injury. They can severely impact the injured person’s quality of life and require permanent medical care. Even concussions, which might seem minor initially, can lead to long-term health issues. Traumatic brain injuries can result from being struck in the head or from rapid head movements.
• Neck injuries: Car accidents frequently lead to neck injuries, with whiplash being the most common type of neck injury. Whiplash can be difficult to diagnose and treat, and the symptoms often require extensive medical attention. Neck trauma carries the risk of death or paralysis and may result in permanent disability.
• Back injuries. These are common after slip and fall incidents and motor vehicle accidents. Pedestrians and motorcycle riders can suffer this injury as commonly as vehicle drivers. Back injuries can affect your mobility and daily activities. Injured parties may face long-term medical bills and physical limitations during recovery. Short-term and long-term disability can become a factor in the eventual settlement offer.
• Broken bones. While not always life-threatening, broken bones can still be severe and may pose a risk of death in extreme cases. Recovery time for broken bones is typically shorter than for brain injuries. Victims of negligence and misconduct are entitled to seek compensation for medical expenses incurred due to the injury.
• Burns. Burns of any kind can cause significant pain. Minor burns may heal on their own. Severe burns often require extensive treatment, such as skin grafts. If you suffer scarring or other serious consequences from burns due to someone else’s negligence, you have the right to pursue compensation for your injuries.

What Should I Do After a Personal Injury?

After a personal injury, stay calm and follow key steps to get the help you need. First, seek medical attention immediately, even if your injuries seem minor, as adrenaline, stress, and other factors can mask serious conditions. If the police question you about the accident, tell the truth and don’t make accusations against any other person. Let the facts of the case inform the officer’s final report.

Some people delay seeking medical attention, believing their injuries are minor. This is mistake. Victims of accidents should seek medical attention to make sure they get the help that medical professionals think they need.  At the doctor’s office, ensure you obtain all documentation from your visit, as these records are crucial for your case.

Gather evidence promptly by taking photos of the accident scene and your injuries. Even minor details can be valuable. Speak with witnesses and keep written notes for future reference to help prove the other party’s negligence caused your injury.

Report the accident to the appropriate authorities, such as the Human Resources Department, for workplace incidents or the police for other types of accidents. Once you have collected evidence, consult with an attorney to represent you in court.

Not all personal injury law firms in Taos, New Mexico, focus on the same types of personal injuries, so prioritize attorneys who have successfully represented clients who have experienced the type of personal injury you suffered. Ask the attorney what the strengths and weaknesses of your case are.

Your personal injury lawyer can use your description to give you an idea of what a potential settlement offer could look like and what legal steps are possible. Your attorney may recommend starting by negotiating with the at-fault party’s insurance company or sending a demand letter. In some cases, taking direct action by filing a personal injury lawsuit may serve your interests.

FAQs

How Do Personal Injury Claims Work?

Personal Injuries are a type of civil law that allows an injured party (plaintiff) to take legal action against someone (defendant) who caused them injury. The remedy is usually financial compensation paid by the defendant to the plaintiff. Once a case is filed, the lawsuit is typically settled by a settlement agreement. When both parties cannot agree to a settlement, a judge or jury will settle the matter.

How Are Personal Injury Cases Resolved?

The vast majority of personal injury cases are resolved through a settlement agreement. The plaintiff does not have to accept a settlement but may choose to do so, often with the advice of an attorney. Offering a settlement does not always mean that the defendant admits guilt. A smaller percentage of cases are resolved through a trial where a judge or jury decides who is at fault.

Is Emotional Distress a Personal Injury?

Emotional distress is considered a personal injury in New Mexico. You can claim emotional distress as part of damages in personal injury cases. The additional claim is usually classified as intentional or due to negligence. Evidence can come from medical records, expert testimony, and personal accounts, among other types of evidence.

What Is the Definition of Negligence in Personal Injury?

Attorneys often refer to a term called “duty of care”. This is another way of describing someone’s obligation to take basic and reasonable steps to prevent causing harm to another person. One example would be a property owner’s responsibility to make sure their floors do not cause a slip-and-fall accident.

Drivers have a duty of care to prevent causing accidents. When someone fails in their duty of care, they can be considered negligent and, therefore, potentially liable for causing an accident.

Schedule Your Taos Personal Injury Consultation Today

If you suffered a personal injury in Taos due to someone else’s negligence or misconduct, you do not have to suffer the financial consequences of the at-fault party’s actions. With the help of a Taos personal injury attorney, you can hold the at-fault party accountable. Financial compensation can pay for your medical bills and other expenses that you incurred as a result of the injury.

The attorneys at Egolf + Ferlic + Martinez + Harwood, LLC, can provide comprehensive and compassionate legal counsel for you following a personal injury. Contact us today and set up a no-cost consultation. We can represent you while you focus on your recovery.