After you have sustained an injury, it can be difficult to understand whether your injury makes you eligible to file a personal injury claim and what you need to do in order to file a lawsuit. Given that personal injury law is such a broad area of the law, you may be unsure about whether the specific injury you have sustained qualifies you to file a lawsuit. A Santa Fe personal injury lawyer at our firm can help.
Another Party Must Be Liable for You to File a Lawsuit
Generally speaking, in order to file a personal injury lawsuit, the type of injury you have sustained is much less important than whether you can prove that another party is at fault for your injuries. Fault can arise from a party’s negligence, or liability in a lawsuit can be based on a theory of strict liability. To be clear, you can sustain a wide range of injuries, and they can happen in various circumstances and locations, and you can be eligible to file a personal injury lawsuit if you can show that another party is liable.
Certain Insurance Claims May Be Possible Regardless of Fault
Depending on how and where you sustained an injury (regardless of the specific type), you could be eligible to file an insurance claim even if you do not have definitive evidence that another party is at fault. For some types of insurance claims, there is no need to prove that another party is at fault. If you were injured at work, you might be eligible to seek workers’ compensation benefits by filing a workers’ compensation claim.
Workers’ compensation is a type of insurance that many employers are required to carry so that injured workers can be compensated after sustaining injuries, and workers’ compensation is a type of no-fault insurance. In other words, the injured worker does not need to prove that anyone was negligent in order to obtain compensation (and you can even obtain compensation if your own negligence played a role in causing the accident).
Similarly, medical payments coverage (MPC), which is an optional type of auto insurance coverage, may be able to pay for your medical bills if you are injured in a collision regardless of fault. In addition, your collision and comprehensive coverage may be able to provide you with coverage in the event of a crash.
Statute of Limitations Must Not Have Run Out
Finally, whether you have suffered a minor injury or a debilitating and life-altering injury, the type of injury you have sustained is much less significant for purposes of lawsuit eligibility than the statute of limitations. Under New Mexico law, most personal injury lawsuits will need to be filed within three years from the date the injury occurred initially. By working with a personal injury lawyer in Santa Fe, you can ensure that your claim is filed in a timely manner.
Contact a Santa Fe Personal Injury Attorney
Do you have questions about filing a personal injury lawsuit in New Mexico, or whether your specific injury qualifies you to file a claim? One of our experienced Santa Fe personal injury attorneys can evaluate your case today and can discuss your options with you. Contact Slate Stern Law to learn more about how we can assist you.