Personal Injury and Accident Law
Personal injury and accident law covers a wide range of cases. New Mexico personal injury lawyers, Collins & Collins, Attorneys at Law, handle a wide variety of injury and accident cases including auto accidents, trucking accidents, slip & fall accidents, premises liability lawsuits, medical malpractice and medical negligence claims, nursing home negligence, abuse and neglect claims, products liability cases, and wrongful death lawsuits.
Despite the wide variety of cases, the essence of a personal injury claim is that one individual is harmed by the wrongful behavior of another. The wrongful behavior that serves as a basis for a personal injury claim may involve simple negligence. In other cases, the behavior may be construed as reckless. Then of course, there can be actual intentional harmful acts that may even be criminal in nature.
The responsible party, or the defendant in case of a personal injury lawsuit, can be an individual, company, business, non-profit, corporation or governmental entity. Often, the greatest challenge to a personal injury lawsuit is in identifying financial resources for the recovery of damages. In cases of individual defendants, there may simply be no money or assets to recover. In cases of business and corporations, there may be bars to suit in cases of workers compensation protection. There are many more bars against governmental claims.
There are also strict statutes of limitations on personal injury claims. The statute of limitations for claims against the government is only 2 years. In addition, there is a 90 day tort claims notice requirement for claims against any local, county or state governmental entity. To confuse things even further, claims against the federal government have their own set of complex procedures. Claims against private individuals or entities have a more generous 3 year statute of limitations but even this can sneak up on injured persons if they delay in pursuing their claims. Failure to meet the deadlines in a personal injury claim will bar the claim completely.
The issues of liability and fault, damages, limitations period, and identification of proper and financially responsible defendants can range from the simple to the extremely complex. The insurance issues can be extremely confusing and frustrating. Every case is different requiring careful evaluation. Delay in addressing these issues can be very detrimental, and sometimes fatal to a personal injury claim.
Hopefully, the pages that follow will provide some insight. However, they are not intended as a substitute for consultation with an experienced injury or accident attorney, nor are they intended as legal advice to guide those seeking to go it alone. Personal injury claims are extremely complex and rife with hazards for the untrained. To pursue a claim, it is critical that an injured person seek experienced legal counsel.
Despite the wide variety of cases, the essence of a personal injury claim is that one individual is harmed by the wrongful behavior of another. The wrongful behavior that serves as a basis for a personal injury claim may involve simple negligence. In other cases, the behavior may be construed as reckless. Then of course, there can be actual intentional harmful acts that may even be criminal in nature.
The responsible party, or the defendant in case of a personal injury lawsuit, can be an individual, company, business, non-profit, corporation or governmental entity. Often, the greatest challenge to a personal injury lawsuit is in identifying financial resources for the recovery of damages. In cases of individual defendants, there may simply be no money or assets to recover. In cases of business and corporations, there may be bars to suit in cases of workers compensation protection. There are many more bars against governmental claims.
There are also strict statutes of limitations on personal injury claims. The statute of limitations for claims against the government is only 2 years. In addition, there is a 90 day tort claims notice requirement for claims against any local, county or state governmental entity. To confuse things even further, claims against the federal government have their own set of complex procedures. Claims against private individuals or entities have a more generous 3 year statute of limitations but even this can sneak up on injured persons if they delay in pursuing their claims. Failure to meet the deadlines in a personal injury claim will bar the claim completely.
The issues of liability and fault, damages, limitations period, and identification of proper and financially responsible defendants can range from the simple to the extremely complex. The insurance issues can be extremely confusing and frustrating. Every case is different requiring careful evaluation. Delay in addressing these issues can be very detrimental, and sometimes fatal to a personal injury claim.
Hopefully, the pages that follow will provide some insight. However, they are not intended as a substitute for consultation with an experienced injury or accident attorney, nor are they intended as legal advice to guide those seeking to go it alone. Personal injury claims are extremely complex and rife with hazards for the untrained. To pursue a claim, it is critical that an injured person seek experienced legal counsel.