Hire the Best Personal Injury Lawyers in Clovis, NM
When you or a loved one has been injured due to someone else’s negligence in Clovis, NM, the path to recovery can seem daunting. You’re not just facing physical recovery; there are also legal battles to ensure you’re fairly compensated for your losses. This is where our team of dedicated Clovis personal injury lawyers comes in.
With years of experience and a deep understanding of New Mexico’s personal injury laws, we’re here to guide you through every step of your claim.
To schedule a free consultation, contact us today. We’re here to help in any way we can.
Types of Cases Our Personal Injury Attorneys in Clovis Handle
Personal injury law covers a wide array of cases where someone’s negligence or intentional actions harm another person. In Clovis, NM, these cases range widely in their causes, applicable laws, and the compensation victims can seek. Here are some of the different types of personal injury cases we take.
Car Accidents
Car accidents are among the most common types of personal injury cases. They can occur for many reasons, including distracted driving, speeding, driving under the influence, and failure to follow traffic laws. Victims can suffer from a range of injuries, from minor bruises to severe, life-altering conditions.
Truck Accidents
Truck accidents involve commercial vehicles and are more complex than typical car accidents due to the size and weight of trucks, as well as the federal regulations governing the trucking industry.
These accidents often result in severe injuries or fatalities, and determining liability involves multiple parties, including the truck driver, trucking company, and manufacturers. Our personal injury lawyers have successfully represented hundreds of truck accident cases in New Mexico and understand the ins and outs of both interstate and intrastate trucking regulations.
Motorcycle Accidents
Motorcyclists are particularly vulnerable on the road due to their exposure and the small size of their vehicles. This means many drivers easily overlook them. Unfortunately, the injuries in motorcycle accidents are often severe. Factors contributing to these accidents include lane splitting, speeding, and cars making left-hand turns without noticing an approaching motorcycle.
Dram Shop Liability
Dram shop laws pertain to cases where a business sells alcohol to an intoxicated person or a minor who then causes harm to themselves or others. In such cases, the establishment may be liable for damages. These laws aim to encourage responsible alcohol service and consumption.
In New Mexico, the law allows those injured by a drunk person to pursue compensation from the vendor that sold them alcohol. However, the exceptions and compensation limitations are complex, so we recommend reaching out to an attorney.
Oilfield Accidents
The oil industry, significant in New Mexico, is known for its hazardous working conditions. Oilfield accidents often result from equipment failures, explosions, and exposure to harmful chemicals. These cases present complexities due to occupational safety regulations and the potential for multiple liable parties.
Wrongful Death
Negligence or misconduct leading to an individual’s death allows for wrongful death claims. These claims arise from various personal injury scenarios, including car accidents and slip and falls, allowing families to seek compensation for funeral costs, lost income, and loss of companionship.
Product Liability
Defective or unsafe products causing injury fall under product liability. Depending on the specific circumstances, victims may hold any party in the product’s distribution chain accountable, from manufacturers to retailers.
Premises Liability
Injuries on someone else’s property due to unsafe conditions, like wet floors or broken stairs, lead to premises liability cases. Property owners or occupiers must keep their premises safe for visitors, with their duty varying based on the visitor’s status.
Proving Negligence in New Mexico
To establish negligence in a personal injury case, a victim must demonstrate four key elements. These elements form the foundation of their claim, proving that the defendant’s actions (or failure to act) directly led to their injuries. Understanding these elements is crucial for anyone involved in a personal injury case.
Duty of Care
The first step is to show that the defendant owed the victim a duty of care, meaning that the defendant had a legal obligation to act in a certain way toward the victim. The nature of this duty can vary depending on the relationship between the parties and the circumstances of the case. For example, drivers have a duty to operate their vehicles safely to avoid harming others on the road, while property owners must maintain a safe environment for visitors.
Breach of Duty
Once establishing the duty of care, the victim must prove that the defendant breached this duty. A breach occurs when the defendant fails to meet the expected standard of care. This could be through a specific action (e.g., running a red light) or through inaction (e.g., failing to fix a known hazard on a property). The standard here is typically what a “reasonably prudent person” would have done under similar circumstances.
Causation
The third element, causation, involves linking the defendant’s breach of duty directly to the victim’s injuries. Causation is sometimes the most challenging element to prove, especially in cases where multiple factors contributed to the incident. Ultimately, the victim must demonstrate a clear causal connection between the breach of duty and the harm suffered.
Damages
Finally, the victim must prove that they suffered actual damages because of the defendant’s breach.
Damages refer to the physical, emotional, and financial harm sustained by the victim. This may include medical expenses, lost wages, pain and suffering, and other losses directly resulting from the injury. However, it’s not enough to show that the defendant acted negligently. There must also be some measurable harm to the victim for the claim to be valid.
How Long Do You Have to File a Claim
In New Mexico, victims typically have three years from the date of the injury to file a lawsuit. This time limit, known as the statute of limitations, is crucial. If you fail to file a lawsuit within this three-year period, you may be barred from seeking compensation. Given the importance of this deadline, consulting with a Clovis personal injury lawyer should be your top priority after a personal injury.
Potential Damages
In personal injury cases, damages awarded to the victim are generally categorized into two main types: economic damages and non-economic damages. These categories help to quantify the compensation owed to the victim for losses suffered due to the injury. Understanding the distinction between these two types of damages is essential for anyone pursuing a claim.
Economic
Economic damages, also known as special damages, cover the financial losses a victim incurs due to their injury. Essentially, they aim to restore the victim financially to the position they were in before the injury occurred. Examples of economic damages include:
- Medical treatment costs,
- Lost wages during recovery,
- Reduced earning capacity,
- Property damage, and
- Other recovery expenses.
While these damages are easier to quantify, Clovis personal injury lawyers have the experience to understand their full extent. For example, they may use an expert medical witness to help quantify future medical costs related to the injury. Or, they might consult a financial expert to determine how many wages a victim may miss out on.
Noneconomic
Noneconomic damages, also known as general damages, compensate the victim for the life-changing, intangible losses suffered due to their injury. These damages are subjective and not easily quantified in monetary terms, but they are real and impactful. In other words, they usually represent the victim’s lower quality of life due to:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- Loss of enjoyment of life, and
- Severe disability or disfigurement.
In short, noneconomic damages acknowledge and compensate for the injury’s broader impact on the victim’s life. These are the most variable factors in personal injury cases, and rightfully so. Not all injuries impact victims the same way.
Our Experienced Clovis Personal Injury Attorneys Are Ready to Help
At Tawney, Acosta & Chaparro, P.C., we are deeply committed to supporting our clients in their most challenging times. Our Clovis personal injury lawyers combine empathy with aggressive advocacy to fight for the outcomes our clients deserve. We manage every aspect of your case from start to finish, including:
- Gathering evidence and documentation,
- Conducting interviews with witnesses and experts,
- Coordinating inspections,
- Leading settlement negotiations, and
- Taking your case to trial if necessary.
No matter the complexity of your case, our team is prepared to stand by you. To start your journey towards recovery and receive a free case review, contact us today.