What Is a Personal Injury Claim? A Guide for Las Cruces, New Mexico Accident Victims

Accidents happen every day, but when someone else’s negligence causes serious injury, the law gives victims the right to seek compensation. This process begins with a personal injury claim. Understanding what a personal injury claim is and how it works in New Mexico can help you protect your rights and recover the damages you deserve.

Defining a Personal Injury Claim

A personal injury claim is a legal action that allows an injured person to pursue compensation from the party responsible for their injury. These claims arise from negligence, when someone fails to act with reasonable care, leading to harm. Personal injury claims can cover a wide range of incidents, including:

  • Car, motorcycle, and truck accidents
  • Pedestrian or bicycle crashes
  • Slip-and-fall or premises liability accidents
  • Medical malpractice
  • Workplace injuries caused by third parties
  • Defective products or equipment

In New Mexico, personal injury law allows victims to recover damages for both physical and emotional harm, as well as the financial losses that follow.

How a Personal Injury Claim Works

Most personal injury claims begin with an insurance company, not a courtroom. The process generally includes:

  1. Reporting the accident: Notify law enforcement, your insurer, or the at-fault party’s insurance company as required.
  2. Seeking medical attention: Your health and medical records are key evidence in your case.
  3. Gathering documentation: Photos, witness statements, and accident reports help establish what happened.
  4. Submitting a claim: Your attorney communicates with the insurance company and provides evidence supporting your damages.
  5. Negotiating a settlement: The insurer may offer compensation, which your attorney can review and negotiate to ensure fairness.
  6. Filing a lawsuit if necessary: If the insurer refuses a fair settlement, your attorney may file a personal injury lawsuit in court.

Each stage requires careful attention to detail, especially when determining who is at fault and the extent of your damages.

Types of Damages in a Personal Injury Claim

The purpose of a personal injury claim is to make the injured person financially whole. Compensation may include:

  • Medical expenses for treatment, surgery, and rehabilitation
  • Lost wages if you miss work during recovery
  • Loss of earning capacity for long-term or permanent disability
  • Pain and suffering for physical pain and emotional distress
  • Property damage such as vehicle repairs
  • Loss of enjoyment of life for lasting lifestyle changes

Your attorney will calculate both current and future losses to ensure your claim reflects the full impact of your injuries.

How Fault Affects Your Claim in New Mexico

New Mexico follows a pure comparative negligence rule. This means you can still recover compensation even if you were partly at fault for the accident. However, your compensation is reduced by your percentage of fault. For example, if you were found 20 percent responsible, you could still recover 80 percent of your damages.

Because insurers often try to exaggerate a claimant’s fault to reduce payouts, having an attorney on your side is critical for fair results.

How Long You Have to File a Personal Injury Claim

In most cases, you have three years from the date of the injury to file a personal injury lawsuit in New Mexico. This deadline is known as the statute of limitations. Waiting too long can prevent you from recovering compensation, so it is best to speak with an attorney as soon as possible after an accident.

Why You Should Consult an Attorney

Even straightforward personal injury claims can become complicated when insurers challenge liability or downplay injuries. An experienced attorney can investigate the accident, gather evidence, negotiate with adjusters, and file a lawsuit if needed.

At Egan Law Offices, we represent clients across Las Cruces and Southern New Mexico in all types of personal injury claims. Our team focuses on protecting your rights, managing communication with insurers, and pursuing full and fair compensation for your injuries.

Talk to Egan Law Offices Today

If you have been injured because of someone else’s negligence, you may have a valid personal injury claim. Contact Egan Law Offices to schedule a consultation. We will review your case, explain your options, and guide you through the process of recovering the compensation you deserve.