Not Every Accident Becomes a Personal Injury Case
Interviewer: What are the main causes of and injuries stemming from personal injury that you most often encounter that become viable personal injury cases?
Personal Injury Cases Most Often Stem From Negligence
Will: A personal injury case does NOT automatically result every time somebody gets injured. We have to first look to see if there was a duty and whether that duty was breached. Here is a good example: I have the duty to drive down the road and keep a proper lookout. If I’m texting on my phone, obviously I’m not keeping a proper lookout. If what occurs next is that I crash into your car from behind, now I’ve breached that duty.
That breach of a duty is called negligence. If I’m negligent and as a result you are injured, then I’m responsible for those injuries.
Personal Injury Statutes in the State of New Mexico Provide for 11 Convincible Elements of Damages
In the state of New Mexico we have 11 convincible elements of damages, which simply means there are 11 different areas in which you’re in entitled to compensation. And they’re cumulative; they’re not exclusive from one another. Those include pain and suffering, major duration, extent of injury, loss of income – all this is past and future – loss of enjoyment of life, loss of household services, and loss of consortium.
In the state of New Mexico the loss of consortium claim means a spouse, your significant other, and/or your child. If they suffer an injury in the loss of a companionship, it can be sexual relations or it can be just father-son. Those people are entitled to compensation in the state of New Mexico as well. We always do the analysis first with looking, you got hurt, let’s see if there was a duty and there was a breach in that duty.