Understanding Shared Fault in New Mexico Personal Injury Cases

Being injured in an accident is a painful and frightening experience, but the aftermath of the accident can be the most difficult part. Following your accident you may be dealing with: pain from your injuries, anxiety over the accident, fear, medical bills, loss of income, and many other financial losses as well.

In addition to all the stress, pain, and fear, you must also figure out how to recoup your losses. If you’ve never been in an injury accident before then you probably don’t know the first thing about filing an injury case in New Mexico.

There are many laws you will need to familiarize yourself with, and the first you should look into is New Mexico’s shared fault law.

What is Shared Fault in Injury Cases?

Each state has different laws regarding fault and liability and New Mexico is no different. New Mexico follows a comparative fault system, which means that when there is an accident the fault of both parties is examined and a portion of fault can be assigned to each party.

It’s possible to be blameless and seek 100% damages from a negligent party, but it’s also possible to be 40% to blame for your accident and seek 60% of the total damages from the other involved party.

Here’s an example of when you could share fault with someone else:

You are at a department store and are walking down an aisle looking at some wall decorations. On the floor in front of you is a large spill with a sign marking the hazard. You don’t see the spill or the sign because you have your eye on a particular landscape you just have to have. That’s when you slip and sustain a head injury.

Who’s to blame in the above example? Is it you, because you weren’t watching where you were going? Is it the department store? If it’s later found that the spill was caused by a leak that has been going on for sometime and the storeowner hadn’t bothered to get it fixed, the store could be partially liable.

Let’s say in this example you are allocated 50% of the blame and the store is allotted the other 50% of the blame. You could still go after the store for the 50% of fault found with them.

Filing an Insurance Claim

You would then be able to file an insurance claim for the 50% of fault that was found with the store. The insurance company can offer you a settlement, which should be enough to pay for your damages and losses.

If the insurance company doesn’t provide you with a settlement that covers all your damages (equaling the 50% of fault found with them), then you could go after them by filing a lawsuit in court.

Personal Injury Claims are Tough

Filing personal injury claims isn’t something the average person handles on a daily basis; however, personal injury lawyers do. For more in-depth information you may want to speak to New Mexico injury law experts Will Ferguson & Associates.

Iowa Workers Comp Appeals Process

Dealing with a work-related accident is already stressful and scary. You’re hurt, you’re unable to work, and you and your family are dealing with the loss of income. You’ll need your workers comp benefits to deal with this situation.

Unfortunately, you’ve been denied. Your insurer has ruled that you don’t need that compensation, so you’ve been sent a denial letter. This might seem like the end of your chances for workers comp, but fortunately, you can appeal their claim and get the workers compensation you deserve.

When you’re denied, fight back by hiring a skilled workers comp lawyer. With the right attorney, you can get your claim appealed, so you can get your benefits and recover from your injuries. It’s tough to recover when you don’t have these benefits, so get the help you need to appeal.

Informal Discussions

First, Iowa workers are expected to speak to their employers and the insurance provider before scheduling a hearing. This will be a chance to discuss your claim with your employer and the reason for your denial. This discussion is a little more informal, so you won’t need a lawyer at this point. While they can be a great asset for your claim, you may choose to address the denial reasons.

You should already have your reason for the denial. Insurance companies are required to include this in their letters. These can vary, but it might be one of the following:

  • You missed a deadline
  • Your injury doesn’t meet their definition of an injury
  • A lack of evidence of an injury
  • They disputed that your injury was work-related

Hearings with the Commissioner

Unfortunately, you might not have come to an agreement in the informal session. They’re still not convinced that you should receive compensation, so you’ll need to schedule a hearing for your claim. You’ll schedule a hearing with the Workers Compensation Commissioner, who will review your claim and make a decision on your benefits.

At this point, it’s best to have a lawyer on your side. You’ll be arguing for your claim in a more formal setting, and the resources a lawyer can provide will make a difference for your claim. For example, they can help you find more evidence and use that to show you need compensation.

When your meeting begins, you or your lawyer will begin by presenting your claim, as well as any relevant evidence. This will be your chance to prove that you should receive your benefits. Your employer’s lawyer will also have the opportunity to defend their decision. Once both parties have had a chance to speak, the deputy commissioner will make their decision.

In many cases, you should receive the workers comp benefits you need. If you’ve been denied again, however, there’s still a chance to recover. You’ll need to appeal that denial, and your lawyer can help.

Appealing an Iowa Denial

Receiving a denial can be disheartening. You’re suffering and in need of a wage replacement, but you’ve been told that you can’t receive the work comp you need. Now what?

If you’re struggling with a denial and need to appeal your claim, reach out to an attorney. They’ll have the experience and resources you’ll need to recover and get the benefits you need. Get your claim started today by reaching out to workers comp attorney.