Who Can File a Personal Injury Claim? Texas & New Mexico Law
Catastrophic Personal Injury
A personal injury is a serious injury to the spine, spinal cord, or brain, and may also include skull or spinal fractures. A catastrophic injury can require a lifetime of medical care, or repeated surgeries. Injuries that are life threatening can cause disability, significant suffering and premature death of the victim.
Who can file a personal injury claim?
A claim can be filed by the person who was driving a car that was hit by another, or the person who slipped and fell on the puddle of water in the store, or the person who was bitten by the loose dog, as certain examples. The person who sustained the injury usually brings the claim. But sometimes there are distinctive personal injury claims brought by someone other than the person who was directly involved in the accident.
Do You Need a Lawyer to File a Personal Injury Claim?
Whether a claim is filed with an insurance company after an injury that is covered by a policy, or a suit filed in civil court after an accident, you’re free to represent yourself in court, and to negotiate on your own behalf with the insurance company.
However, it is also important and in your interests to obtain consultation and the help of an experienced personal injury lawyer to get a clearer view of your options and the best way to protect your rights.
When Should You Contact a Personal Injury Lawyer
If you have suffered an injury in an auto accident or due to the negligence of another person, you should contact a personal injury lawyer as soon as possible. Experienced personal injury attorneys collect evidence for safekeeping, contact the people involved, and ensure you take the action that protects your interest. Consider hiring an attorney also if you believe that someone will file a personal injury lawsuit against you due to an injury that occurred on your property due to your negligence.
What Injury Compensation Or Damages Am I Entitled To Claim For?
If you have sustained an injury at work, in an auto accident due to the negligence, or wrongful act of another, you may be entitled to the following payments;
General Damages – This category of damages is for the pain and stress suffered because of your injuries, and how they have affected your pre-injury way of life. In New Mexico, claims for General Damages in personal injury claims are generally controlled by legislation which specifies limits that can be claimed.
Loss of past and future income – If you have had to quit your job due to your injuries or loss of income due to this, then you are entitled to claim for such loss. You are also entitled to claim a future loss if the loss of income carries into the future.
Past and future medical and rehabilitation expenses – if you have incurred expenses for medical or rehabilitation treatment or any other substantial expenses due to your injuries, then you are entitled to claim compensation for those expenses.
How long does it take 
to file a claim?
Generally, with some exceptions, a personal injury claim can be made up to three years after the accident or incident that caused injury and was due to negligence.
How long does a personal injury claim take to settle?
Personal injury claims vary broadly in their nature depending on the type of accident such as an accident at work, or an auto accident and the injuries which have been sustained, which varies widely e.g. broken bones, head injuries and fatalities.
The stages of a claim include Preparing a Submittal Package, Negotiating, litigation. There is no fixed time on how long a case can take to conclude. There are many variables involved and the most significant variable is the time taken for the client to recovery from the injuries totally, and how long it takes the insurance company to make a proper settlement offer. Lawyers in New Mexico will move your case along quickly and consistently striving to give you the best result.
If you want to discuss a potential personal injury claim, the lawyers at Bowles Law Firm are available to consult with you. Click here to contact us for a free consultation.
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How To File An Auto Accident Report
What Should You Do After An Auto Accident?
As a driver, you must never leave the scene of an accident. It is fundamental to provide the needed help immediately following an accident, morally and legally. In New Mexico, it is a criminal offense to leave the scene of an accident causing
injuries. After stopping your vehicle, take a moment to evaluate the situation, be conscious of the traffic situation, and any other potential dangers and most of all do not panic.
Filing Auto Accident Reports
Contact law enforcement as quickly as possible in the event of an injury, death, or property damage caused in an auto accident. An officer will usually prepare a written accident report within five days of the accident. But if injured and unable to either contact the police, or file the accident report, any passenger or persons with you that is able to notify the authorities should do so. In some cases, if you are not the owner of the vehicle you were driving, the owner may complete the report.
If involved in an auto accident in New Mexico, you are required to provide definite information to other people involved. That means, motorists, passengers or pedestrians involved in the accident must share same information with you. Also, it is important to ask for the details of those who witnessed the accident so that the details of what happened are determined early on, before witnesses forget. The information needed to be exchange in the aftermath of an accident includes:
- Name, address and contact information.
- Driver license number.
- License plate number and vehicle information.
- Auto insurance details.
Additional Information
It is also important to take photographs at the scene of the accident. For an accident with an unoccupied vehicle what should you do? You are required to attach a note to the damaged car. The note should state your name and address, as well as the owner’s name and address of the vehicle you are driving. Describe clearly what happened, and attach the note to the vehicle in a fixed, easy-to-see location.
It is not obligatory to report any accidents to the New Mexico Motor Vehicles Division. However, automobile insurance contracts require the insured to report any accident within a time frame after the accident. Failure to do so, may give the insurer a reason to attempt to deny coverage for the accident.
Law enforcement aiding in the events of a
n accident have the right to ask for proof of insurance. If you are without liability insurance during an accident, you are likely to face suspension of your vehicle registration, and a citation and possible fine.
Auto Accident Lawyer In New Mexico & Texas
In cases where you are injured in an auto accident, it is important to first get fully medically evaluated and receive full medical treatment. Oftentimes injuries are noticeable right away but sometimes it takes time to learn that your body has been injured in some way. Head injuries are especially problematic and may require ongoing neurological testing and observation.
If you are injured as a result of the fault of another party, you may want to speak to a personal injury attorney. You should keep copies of any medical expenses sustained as a result of an accident and your auto accident lawyer can assist you in gathering all of the needed medical information to make a claim.
Contact Bowles Law Firm for your free case evaluation.
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Understanding Medical Negligence and Birthing Malpractice
New Mexico medical negligence is failing to practice ordinary care that a prudent and reasonable person would exercise in like circumstances. Malpractice is commonly called professional negligence. This type of negligence occurs when a licensed professional such as a doctor, lawyer or accountant fails to provide services that meet the “standard of care” of other professionals in their same field of expertise.
Proving Cases a
nd Awarding Damages
Cases of negligence or malpractice are proven by showing one or more negligent acts or omissions, that caused an injury and damages to someone. Below are the four legal “elements” to proving professional malpractice:
- Duty: The professional had a duty or an obligation to the person.
- Breach: The professional breached this duty to the person.
- Causation: The injury sustained by the person was caused by and a direct result of this breach of duty.
- Damages: The damages are caused by the breach of duty.
New Mexico birthing malpractice
Statistics intimate that over 20,000 babies suffer birth injuries each year in New Mexico. In most fortunate cases, the damages are minor and the baby recovers completely; however, in complex cases, babies suffer severe injury and sometimes death.
Birth injuries are preventable in some cases. Some cases of birth injury involve medical negligence or medical malpractice. The most normal effects of birth injuries include incompetent prenatal care, unexplained prenatal complications, obstetrician errors, delivery errors. Though it is hard to put a dollar figure on an injury to a baby, and the process can be long and emotionally exhausting; sometimes, it is the only way to hold the negligent medical practitioner, doctor or medical facility accountable for the harm they have caused to you.
To put a figure on it, is important to get an array of experts including medical experts, mental health experts and economists to name just a few. Others are often required depending upon the situation. In short, these cases are difficult, complex and expensive to pursue. It is important to seek the guidance of an experienced medical negligence attorney. Winning cases of medical negligence in New Mexico requires experience and hard work. A good New Mexico medical malpractice lawy
er is aware that the strengths of a medical malpractice case are commonly based on the medical records and the testimony of medical experts and witnesses.
A New Mexico medical negligence attorney has to determine other issues such as whether the defendant medical provider is a member of the New Mexico Patient Compensation Fund. Members of the act enjoy benefits that may restrict the way a claim is filed. Issues such as the statute of limitations and civil procedure vary depending on the medical provider’s status.
Medical malpractice actions must meet stringent requirements that include shortened limitations periods, expert affidavits, and other unique issues. Good medical malpractice lawyers in New Mexico are skilled in identifying and addressing all of these issues.
Conclusion
In conclusion, it is important to understand medical negligence and what you can do about these issues. Bowles Law Firm is committed to fighting for all clients. If you are seeking an attorney, contact Bowles Law Firm for a free case evaluation by clicking here.
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DUI In New Mexico | Learn About The Laws & How To Avoid Penalties
DUI in New Mexico comes with harsh penalties no one will want to face. Read this short post from Bowles Law Firm now to learn more.
It is often said, but cannot be overemphasized, that no one should drink or drug and drive. The costs and penalties for DUI in New Mexico are incredibly high and far too many tragic, and deadly outcomes, occur almost daily across the country.
In New Mexico and Texas, it is unlawful to drive a vehicle while under the influence of marijuana, alcohol, other drugs, or a combination of substances. When alcohol is involved, a blood alcohol level of 0.08 percent of the driver’s blood, will presumptively establish that the driver is under the influence. If the level is less, the prosecutor can still point to the driver’s actions to prove that he or she was under the influence. This can include the officer’s observations of driving behavior such as weaving or speeding, and if the driver consents to standard field sobriety tests, the officer’s observations of how the tests were performed, and other observations such as bloodshot and/or watery eyes, odor of alcohol or marijuana, and whether the driver made any admissions to drinking or using controlled substances.
When marijuana is involved, any amount of active marijuana metabolites in the driver’s blood or urine while he or she was driving may establish that the driver was impaired or driving under the influence. (N.M. Stat. Ann. § 66-8-102.); (Texas Stat. and Code Ann. § 49.01.). However, the prosecution will still have to show “impairment.” New Mexico and Texas are not “per se” violation states, whereby a driver is automatically determined to be impaired if any marijuana is found in their system.
A blood test may detect the presence of THC in your system but it is more significant for what such a test does not reveal:
- Unlike alcohol, the test cannot reveal when you used the drug or at least within a few hours
- It is not a reliable test of how much you ingested or smoked
- There is no consensus on how much marijuana in your system indicates you are impaired when driving
The high from marijuana use occurs shortly after using it and can last for a few hours. Because marijuana is fat-soluble, inactive metabolites remain in your body for hours or days after use depending on whether you are chronic or occasional user. If used occasionally, it can remain for 12 hours. If you are a chronic user, it can last from 2 to 30 days. The presence of marijuana metabolites in one’s blood stream, in and of itself, may or may not be evidence of driving impairment.
NEW MEXICO PENALTIES FOR DUI
For a conviction, DUI penalties vary according to whether the offense is a first or subsequent conviction, with additional penalties for “aggravated” convictions. Aggravated DUI convictions are offenses that also caused bodily harm to a person other than the driver, or offenses where the driver refused to submit to a chemical test when arrested.
- First conviction. Fine of up to $500, and up to 24 hours of community service, or both. Up to 90 days jail. Ignition interlock device for one year.
- Second conviction. Fine of between $500 and $1,000, at least 96 hours (and up to one year) in jail, and at least 48 hours of community service. The judge will also order the defendant to participate in court-approved drug or alcohol abuse screening program, and an ignition interlock device for two years.
- Third conviction. Fine of between $750 and $1,000, mandatory 30 days (and up to one year) in jail, and at least 96 hours of community service. The judge will also order the defendant to participate in court-approved drug or alcohol abuse screening program, and an ignition interlock device for three years.
- Fourth conviction (felony). Fine of up to $5,000, mandatory six months in jail (and up to 18 months in prison), or both. The judge will also order the defendant to participate in court-approved drug or alcohol abuse screening program, and to permanently use an ignition interlock device (defendant may petition the judge for removal of the device after five years).
- Fifth conviction (felony). Fine of up to $5,000, mandatory two years in prison, or both. The judge will also order the defendant to participate in court-approved drug or alcohol abuse screening program, and permanent ignition interlock device (defendant may petition the judge for removal of the device after five years).
- Sixth conviction (felony). Fine of up to $5,000, mandatory 30 months in prison, or both. The judge will also order the defendant to participate in court-approved drug or alcohol abuse screening program, and permanently ignition interlock device (defendant may petition the judge for removal of the device after five years).
- Seventh and subsequent convictions (felony). Fine of up to $5,000, mandatory three years in prison, or both. The judge will also order the defendant to participate in court-approved drug or alcohol abuse screening program, and permanent ignition interlock device (defendant may petition the judge for removal of the device after five years).
- Aggravated offenses. In addition to the above penalties, additional jail time will apply to aggravated offenses. First offenses carry at least an additional 48 hours of jail time; at least 96 hours for second offenses; and at least six additional days in jail for third or subsequent offense.
In conclusion, you do not want to take DUI in New Mexico lightly. This is a serious offense that should be avoided at all costs.
TEXAS PENALTIES FOR DUI
For a conviction in Texas, penalties vary according to whether the offense is a first of subsequent conviction, with increased penalties for offenses committed while a minor was in the vehicle. (Texas Stat. and Code Ann. § 49.04.)
- First conviction. Fine of up to $2,000, between 72 hours and 180 days in jail, or both; between 24 and 100 hours of community service, and up to one year of license suspension.
- Second conviction. Fine of up to $4,000, between 30 days and one year in jail, or both; between 80 and 200 hours of community service, and between 180 days and two years of license suspension.
- Third and subsequent convictions. Fine of up to $10,000, between two and ten years in prison, or both; between 160 and 600 hours of community service, and between 180 days and two years of license suspension.
If you are driving while intoxicated with a child younger than 15 years old in your vehicle, you face:
- Up to a $10,000 fine.
- Jail time up to 2 years.
- License suspension for 180 days.
In conclusion, the penalties for DUI in New Mexico are harsh and should not be taken lightly. It is important to find a DUI attorney who understands the client’s unique situation and can be there in times of uncertainty and adversity. Bowles Law Firm is never afraid to stand up and fight for every client in even the most difficult of circumstances.
If you or someone you know is seeking an attorney, contact Bowles Law Firm for a free case evaluation.
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How To Hire An Attorney In 4 Steps
It is important to make careful considerations when hiring an attorney to represent you. Read the top 4 tips below in order to make sure you hire the appropriate attorney for your unique situation.
1) Do I need a Lawyer?
First, ask yourself whether you need a lawyer and think through your problem and issues.
- Think about whether you can solve the problem on your own or if you truly need a lawyer. Sometimes, this will be easy. For example, if you are charged with a crime, you NEED a lawyer and sooner rather than later. Other problems won’t be so immediate, however.
- Numerous lawyers provide free consultations on initial visits, so take advantage of that consultation to further define the problem(s) and determine if you need a lawyer.
2) Finding the Right Lawyer for You
Not every lawyer is going to be a good fit for you, and you won’t be a good fit for every lawyer.
- Ask your friends and family for referrals for a lawyer who is reputable.
- Research online, including google searches and review the lawyer’s website to determine what his/her experience level is and get a feel for the lawyer’s background.
- Consider interviewing 2-3 lawyers before you make your decision, to decide who seems like the best “fit” for you, will be most committed to your case, is competent, and will have the time to help you.
3) Hiring a Lawyer
Relying on referrals and your own research, select a few lawyers who seem appropriate for your situation and conduct interviews.
- Before interviewing, ask the lawyer or staff whether you can have a free initial consultation.
- During the interview, get the lawyer’s thoughts on your situation, his/her experience and familiarity with the type of problem, and if you are potentially interested, ask for an engagement letter describing the scope of the lawyer’s services, and how costs and fees are determined.
- Make sure you have a clear understanding of the role of the attorney, and the fees and costs you will be charged is very important at the start of the relationship.
- Carefully review the engagement letter, and if you have questions, make sure you ask them and get a clear understanding of the terms of the representation.
4) During the Representation
Make sure you establish clear lines of communication with the lawyer and staff as well as what method of communication is best. Lawyers are sometimes in court, or out of town, and so you will need to communicate with staff members as well. If you have questions or problems, be proactive and make an appointment to speak about them
You are paying for the service and deserve to be kept apprised of developments in your case. You should make sure you invest time and effort into the lawyer/client relationship so that the lawyer and his/her office do a great job representing your interests.