Carlsbad Personal Injury Lawyers

Providing Skilled Representation to Carlsbad

At the law offices of Tawney, Acosta & Chaparro P.C., we provide skilled representation to those in Carlsbad who need it the most. We can help with the following:

• Gathering evidence,
• Examining medical records,
• Collecting your police report,
• Calculating your total damages,
• Negotiating with insurance companies, and
• Representing you at trial if necessary.

Starting with your initial consultation, we stand by you throughout the personal injury claim process.

What Is Personal Injury Law?

Personal injury law is an umbrella term that refers to a number of more specific personal injury case types, all of which focus on malpractice, negligence, and intentional harm to an individual. Our firm focuses entirely on personal injury law.

Our Carlsbad personal injury lawyers represent clients in a variety of case types, including, but not limited to:

• Oilfield injuries,
• Catastrophic injuries,
• Pedestrian accidents,
• Semi truck accidents,
• Dram shop liability,
• Brain injuries,
• Spinal cord injuries,
• Motorcycle accidents,
• Slip and fall injuries,
• Wrongful death,
• Car accidents,
• Swimming pool accidents,
• Bicycle accidents,
• Work injuries,
• Burn injuries, and
• Product liability.

When an accident leaves you seriously injured, Tawney, Acosta & Chaparro P.C. will demand the compensation you’re owed.

What Are Common Types of Injuries?

There are a wide variety of injuries that can result from someone’s negligence. But some are more common than others. Our firm has dealt with many types of injuries, including the following:

• Broken bones,
• Traumatic brain injuries,
• Internal organ damage,
• Burns,
• Muscle sprains,
• Lacerations,
• Scars,
• Internal bleeding,
• Spinal cord injuries,
• Disfigurement,
• Paralysis,
• Coma, and
• Death.

Be sure to seek medical attention immediately after an accident. Some injuries may not be immediately discernible without tests, such as a CT scan or MRI.

If you or a loved one were injured from the negligence of another, contact Tawney, Acosta & Chaparro P.C. If your loved one was killed in the accident, you may be able to file a wrongful death claim.

How Do I Prove My Personal Injury Claim?

Most personal injury claims turn on the doctrine of negligence. To make a successful claim, you must provide evidence to show that the elements of negligence were present and the reason for your harm.

Duty of Care

It’s not enough that someone harmed you. You must prove that the responsible party owed you a duty of care. For example, in any motor accident, it is easy to establish a duty of care because every driver has the duty to drive safely and follow traffic laws.

Breach of Duty

Secondly, you must prove that the party you are suing breached their duty of care as it relates to you. Breaking any traffic law is an obvious example of a breach of the duty of care while driving. So if a driver speeds through a red light and hits you, a breach of duty would likely be easy to establish.

Causation

You must show a causal relationship or a connection between the breach of duty and your injuries. In other words, the breach must be the cause of your injuries.

Damages

You must prove that you suffered some type of harm or loss from the breach of duty. These damages can be personal or financial.

What Types of Compensation Are Available Under New Mexico Law?

New Mexico law permits victims of personal injury incidents to recover compensation for their financial losses and emotional suffering. Let’s look at some types of compensation you could recover.

• Medical bills. Recovery includes all hospital and doctor bills arising from the accident. You can also recover the cost of diagnostic tests, surgeries, and medications.
• Future medical bills. You might also be able to recover any likely future healthcare expenses that are related to the incident. This includes ongoing prescriptions, medical equipment, rehabilitation, therapy, and home nursing care.
• Lost wages. If you have to miss work during recovery, you could recover compensation for lost wages.
• Loss of future earnings. If your injuries prevent you from performing your job duties or force you to take a less demanding or lower-paying job, you can likely recoup the difference.
• Pain and suffering. You are entitled to recover compensation for any pain and suffering you endured from your injuries.
• Emotional distress. Accidents can be traumatic experiences and leave you with psychological issues such as PTSD. You can likely recover compensation for such harm.
• Loss of enjoyment of life. If you find it difficult to enjoy your life the same as you did before your injuries, you may be able to recover damages.

Our seasoned personal injury lawyers at Tawney, Acosta & Chaparro P.C. will analyze the facts of your case to accurately calculate your rightful compensation.

How Is Fault Determined for Personal Injury Cases in New Mexico?

New Mexico is a pure comparative negligence state. Under this system, a personal injury victim can recover financially from any accident even if they share responsibility. For example, someone who is 1%, 50% or even up to 99% responsible for the accident can still recover compensation. However, compensation is reduced by the percentage of fault. Let’s look at an example.

Suppose the injuries you suffered in a car accident set you back $100,000. If you were found to be 30% at fault for the accident, you can only recover $70,000, or 70% of your losses. Similarly, if you were 99% at fault for the accident, you can still recover $1,000 or 1% of your losses.

How Long Do I Have to File a Personal Injury Claim in New Mexico?

The deadline to file a claim is found in the statute of limitations. In New Mexico, the statute of limitations to file a personal injury claim is three years. This three-year deadline starts on the date the accident occurs.

For example, for a car accident claim, the date the statute of limitations starts to run is the date of the accident. For a slip and fall case, the date is the day you slipped and fell.

You must contact a Carlsbad personal injury attorney as soon as possible after your injury if you don’t want to miss your opportunity to recover financially. If the three-year deadline expires, you will likely be forever barred from seeking compensation.

How Much Does a Personal Injury Lawyer Cost?

Every law firm has its own payment system. At Tawney, Acosta & Chaparro P.C., we operate on a contingency fee basis. With a contingency fee system, you don’t owe us anything upfront. We take our fee from a portion of the compensation settlement or award we recover for you.

In other words, we don’t get paid unless you do. So if we don’t win your case, then you don’t owe us anything.

Talk to a Carlsbad Personal Injury Lawyer

If you or a loved one suffered injuries due to the negligence of another, contact the law office of Tawney, Acosta & Chaparro P.C. Our award-winning attorneys understand the complexity of New Mexico personal injury laws and we have extensive resources to properly represent you.

Speak with one of our personal injury attorneys today and see how we can put you on the road to recovery.

Carlsbad, NM Resources

Local Towing Companies

• • B&B Heavy Duty Towing. Call (575) 234-1972.

• • Short’s Wrecker Services. Call (575) 885-5239.

Car Rental Locations

• • Enterprise Rent-A-Car. Call (575)-234-1177.

Local Repair Shops

• • David’s Auto Repair. Call (575) 887-0646.

• • Caveman Auto Repair. Call (575) 887-7591.