When you have a personal injury claim, your attorney may engage in settlement negotiations with the at-fault party’s insurer. Often in these talks, the insurance company will make a “lowball” settlement offer that comes nowhere close to covering the full cost of the injury. That is why you need an experienced personal injury attorney on your side — to negotiate strongly with the insurance company and help you get the full compensation you need.
If the insurance company still refuses to do the right thing, your attorney can take the case to court. There, a jury can assess your personal injury claim before determining the amount of compensation you should receive. However, the personal injury claim must be filed with the court before the legal deadline, known as the statute of limitations.
How long do you have to file a personal injury lawsuit?
Under New Mexico laws, you generally have three years to file a personal injury claim in court, but only two years if your claim is against a governmental entity or government employee in the course and scope of their employment. If that legal deadline passes, your claim may be time-barred, and the court may decide not to hear the claim. It’s important to keep this in mind if settlement negotiations are dragging on and you want to preserve your right to have a trial. Your attorney can advise on these matters if you have questions.
Other important things to know about personal injury claims
If you suffer injuries due to someone else’s negligence, it is important that you get medical treatment for the injury as soon as possible. This is important not only for your health, but also because your medical records can be used to substantiate your personal injury case. Also, the sooner you get a personal injury attorney involved in your case, the sooner your attorney can start building a claim on your behalf.
To learn more, please see our New Mexico Personal Injury FAQ.