Helping People Navigate Challenging Times in Their Lives
Being involved in a serious car accident, sustaining a work-related injury, or having a loved one suffer catastrophic harm due to an entirely preventable incident is nothing short of devastating. We recognize the challenges you and your family are facing, which is why we are committed to advocating tirelessly for you and the justice you deserve.
Our Rio Rancho personal injury attorneys assist people with cases involving:
When you need us, we’re there for you. As your legal team, we are available to answer your questions, address your concerns, and provide the personalized guidance you need to navigate your recovery. Our attorneys will work with the insurance company so you don’t have to. We can handle all the legal details so that you can focus on healing.
Filing a Personal Injury Claim in New Mexico: Understanding Your Rights
A motorist runs a red light because they were texting while driving; a store manager forgets to put out a “wet floor” sign after cleaning up a spill; an employer disregards important safety regulations, putting employees at risk—these incidents all have one thing in common: negligence. In New Mexico, individuals, business owners, and other entities that act negligently, leading to injury or death, can be held legally responsible for victims’ damages.
Typically, to have grounds for a personal injury claim, you must be able to prove the following:
- You were injured, leading to measurable damages
- Your injuries were the result of the defendant’s negligent or wrongful conduct
- The defendant owed you a duty of care, which they failed to uphold
Even if you were partly at fault for the incident, you could still have grounds for a claim. Under the state’s pure comparative negligence rule, you can seek damages regardless of your degree of fault, but the amount you can recover will be reduced by your percentage of blame. So, if you are assigned 20% of the fault, and you are seeking $100,000 in damages, you can recover up to 80% of that amount, or $80,000.
What Types of Damages Can Be Recovered?
The exact damages you are entitled to recover, as well as the overall value of your case, depend on various factors, including the severity of your injury, the cost of your medical care, and the extent of your pain and suffering. However, that being said, there are certain types of damages you are likely able to pursue after being injured by the negligent or wrongful conduct of another.
These types of damages include:
- Economic Damages: Economic damages are losses associated with a specific monetary value, such as medical expenses, future care costs, and lost income or wages.
- Non-Economic Damages: These are losses that do not have a set monetary value, such as pain and suffering, emotional distress, and loss of consortium.
- Punitive Damages: Rather than compensate you for specific losses, punitive damages are awarded as a way of punishing the defendant for gross negligence or wrongful conduct.
Are Personal Injury Damages Capped in New Mexico?
For general personal injury claims, there is no cap on economic or non-economic damages. In other words, the amount you can recover in compensation is not limited by state law. However, there are some exceptions.
- Medical Malpractice Claims: The state caps damages for lawsuits against individual providers, hospitals, and independent clinics. However, these caps do not apply to punitive damages or damages related to future medical care costs.
- Government Claims: Damages are also capped in cases against the government, including damages related to past and future medical care, pain and suffering, lost income, and more. Additionally, you cannot recover punitive damages.
What Is the Statute of Limitations on Personal Injury Lawsuits?
The statute of limitations is the deadline by which you must file your personal injury (or wrongful death) lawsuit. If you do not file your lawsuit by this time, you will most likely lose your right to sue the liable party for damages, as the court will almost certainly dismiss your case based on your failure to file within the designated timeframe.
In New Mexico, the statute of limitations for both personal injury and wrongful death lawsuits is three years, either from the date of injury or the date of death. If the injury was not discovered right away, the statute of limitations may be tolled, or deferred, until the date on which the injury was discovered or could have been discovered.
Other exceptions may apply. For example, the three-year deadline begins on the date of malpractice (in most cases) for claims involving medical malpractice, and lawsuits against government agencies are subject to different deadlines and filing rules. Additionally, people who were injured as minors may have more time to file a lawsuit.
How Our Rio Rancho Personal Injury Attorneys Can Help
In New Mexico, personal injury laws can be complex. Right now, you should be focused on getting the necessary care you need to heal—not worrying about fighting with the insurance company or trying to figure out how you’ll be able to afford your medical bills. With Arnold & Itkin by your side, you can concentrate on moving forward in your recovery while we handle the legal procedures involved in pursuing fair compensation from the liable party. Our personal injury lawyers in Rio Rancho can handle every aspect of your case, from investigating what happened to working with renowned experts and obtaining critical evidence on your behalf. Our goal is to secure the full, fair compensation you are owed and ensure that you get justice for what you’ve been through.
We know that this is an extremely challenging time in your life, and we know how to help. Our team has represented people affected by major, newsworthy disasters, as well as everyday acts of negligence. No matter the situation, we devote all our time, energy, and resources to helping our clients navigate the legal system, providing personal attention and compassionate support to every case. We never lose sight of the personal aspect of personal injury; when you choose Arnold & Itkin, you put a team of renowned trial attorneys on your side, a team that has your back and will fight for you every step of the way. No matter the circumstances you’ve faced or the difficulties that still lie ahead, our Rio Rancho personal injury lawyers can help.
About Rio Rancho, NM
Rio Rancho, New Mexico, is a dynamic and rapidly growing city situated in the northern part of the state, just a short drive from Albuquerque. Established in 1961, Rio Rancho has evolved from a small suburb into one of the largest cities in New Mexico, with a diverse population and a thriving local economy.
The city is nestled against the backdrop of the Sandia Mountains, offering residents and visitors stunning views and ample opportunities for outdoor recreation. The nearby Cibola National Forest and numerous parks provide spaces for hiking, biking, and enjoying the serene desert landscape.
Education and community services are strong in Rio Rancho, with several highly rated schools and a growing number of recreational facilities. The city's commitment to family-friendly living is evident in its well-maintained parks, community events, and vibrant local culture.
Rio Rancho has also made a name for itself in the technology and business sectors. The presence of high-tech companies and research facilities has spurred economic growth and created numerous job opportunities. The city is home to the Intel Corporation's largest manufacturing site, which has been a significant driver of the local economy.
Rio Rancho Information & Resources
Contact Our Rio Rancho Personal Injury Lawyers Today
If you were seriously injured, or if someone you love tragically passed away due to someone else’s negligence, you have the right to seek justice. Reach out to our firm right away to discuss your options and learn how our personal injury attorneys in Rio Rancho, NM, can help. We offer completely free consultations and can answer any questions you may have about your case.
Call us at (888) 493-1629 or contact us online.
