Many types of accidents can cause injuries, but the last thought on anyone’s mind as they prepare for the day is a catastrophic collision or the wrongful death of someone they love. If another person’s careless behavior resulted in your injuries, then you may be entitled to compensation for health-care costs, pain and suffering, or lost wages. However, the Department of Motor Vehicles states that partial liability could reduce the amount you receive.
This is because New Mexico is a comparative negligence state. If, for example, the plaintiff was 30 percent responsible for the accident, then the amount of damages may reduce by 30 percent. This method of calculating damages usually applies when attorneys are handling settlement negotiations, as well. If these negotiations are unsuccessful, then it is likely that the case will go to trial.
In order to file a successful claim, you must prove that another party was responsible for the incident, and that you suffered a specific injury due to that person’s negligence
Here are the four common types of personal-injury claims:
- Medical Malpractice
The negligence of doctors and other medical personnel can cause catastrophic, long-term injuries. This often happens in the form of anesthesia errors or medication mistakes. To prove a claim of medical malpractice, you may need expert testimony to establish that the care you received was inadequate.
- Vehicle Accidents
If a negligent driver causes a collision, then he or she is responsible for accident-related expenses that the victim incurs. Driving under the influence, distracted driving, rushing in traffic and breaking traffic laws are examples of negligent driving.
- Construction Accidents
Construction is America’s most dangerous industry – with more accidents occurring than in any other field. Most employees are well aware of the dangers of their jobs, but this knowledge cannot protect them from flimsy scaffolding, exposed wires, falling machinery and other preventable causes of injury.
- Slip and Fall Accidents
Many personal-injury cases stem from slip and fall accidents. Proprietors have the responsibility of ensuring that people can use their premises safely.
The law makes it clear that people must receive sufficient warning of potential hazards, and that property owners perform maintenance to reduce the risk of injuries occurring on their premises. Failure to comply with these regulations could make the property owner responsible for said injuries.
Identifying liability and establishing damages is the foundation of any personal-injury case, and the court may dismiss yours if you cannot provide sufficient evidence. A personal-injury attorney can help you gather the necessary information and develop a strong case.