If you have been injured in an accident in New Mexico, you may be entitled to compensation for your injuries and other damages. The legal process of obtaining this compensation can be complex and daunting, and navigating the negotiations of a settlement can be a crucial step in the process.
Here are some tips for negotiating a settlement in a New Mexico personal injury claim.
Table of Contents
Understand the Basics of Personal Injury Laws in New Mexico
Before engaging in any negotiations, it is important to understand the basic laws surrounding personal injury claims in New Mexico. Being familiar with the legal concepts and guidelines will help you to better understand the value of your claim and what you are entitled to receive.
Types of personal injuries covered under New Mexico law
New Mexico law covers a range of injuries, including but not limited to:
- Car accidents
- Slip-and-falls
- Medical malpractice
- Defective products
- Dog bites
Statute of limitations in New Mexico
Like all states, New Mexico has a statute of limitations for personal injury claims. This means that there is a deadline by which you must file your claim. In New Mexico, the time limit for most personal injury claims is three years from the date of the injury.
Calculate Your Damages
The first step in negotiating a settlement is to calculate the total amount of damages you have suffered as a result of the accident. Damages include:
- Medical expenses (past and future)
- Lost wages (past and future)
- Property damage
- Pain and suffering
- Emotional distress
It is crucial to gather all of your bills and receipts for medical treatment, as well as documentation of any lost wages, in order to have a clear picture of your damages. It is important to note that damages can also include non-economic losses, such as the pain and suffering you have endured as a result of the accident.
Determine Your Settlement Amount
Once you have calculated your damages, you will have an idea of what settlement amount you should aim for. This amount should cover all of your damages, both economic and non-economic. Keep in mind that the insurance company will likely present you with a lowball offer, so it is important to not accept their first offer.
Obtaining an Attorney
If you do not already have an attorney, it may be helpful to consult with a personal injury lawyer to assess the value of your claim. An attorney can help you determine the amount of your damages and advise you on what is a reasonable settlement amount based on your injuries and the facts of your case.
Prepare Your Case
Before entering into negotiations, it is important to prepare your case in advance. This includes gathering all necessary documents, such as medical records and accident reports, as well as evidence supporting your case.
Medical Records and Reports
Your medical records and reports are crucial in supporting your claim and determining the amount of damages you have suffered. It is important to obtain copies of all medical records related to your accident, including medical treatments and medications prescribed.
Accident Report
If an accident report was filed, obtain a copy from the investigating police department.
Evidence
Having evidence to support your claim can be crucial in negotiations. This may include photographs of the accident scene, witness statements, and anything else that may help to support your claim.
Negotiate the Settlement
When beginning negotiations with the insurance company, it is important to remain calm and professional. It is not uncommon for the insurance adjuster to attempt to diminish the value of your claim. Be prepared to strongly defend your case and stick to your settlement amount.
Remain Flexible
That said, it is also important to remain flexible throughout the negotiation process. If the insurance company presents a counteroffer, consider it carefully and be willing to make concessions if it brings you closer to your desired settlement amount.
Conclusion
Negotiating a settlement in a New Mexico personal injury claim can be challenging, but with proper preparation and understanding of the legal process, you can increase your chances of obtaining a fair settlement. If you are unsure of your legal rights or have questions about the settlement process, consult with a personal injury attorney for guidance.