Albuquerque Amputation Injury Attorney
When negligence causes a traumatic amputation injury, the victim may be eligible for financial compensation. Filing a claim against the at-fault party could result in payment for related medical bills, lost employment opportunities, lost enjoyment of life, pain and suffering, and more. As the victim of such a life-changing injury, explore your rights with an amputation injury attorney.
Contact the Albuquerque personal injury lawyers at The Fine Law Firm if you or someone you love has suffered an amputation injury. Our attorneys can listen to the details of your incident, help you determine the at-fault party, and explain your legal rights in New Mexico. Call (505) 889-FINE for a free case review today.
Why Choose Us?
Since 1975, clients have trusted The Fine Law Firm with their most complex personal injury cases. Our experience handling a variety of accident and injury types, combined with the personal attention we give to each client, makes us a trusted firm in Albuquerque. People come to us for legal help because:
- We treat clients like family, maintaining close contact throughout a case.
- We maintain a consistent fee of up to 33% of the final settlement.
- We charge nothing if we don’t win a case.
- Large corporations in the courtroom don’t intimidate our trial lawyers.
It’s important to choose a law firm that makes you confident in its abilities. The Fine Law Firm has positive case results, a 99% success rate, and a reputation as leaders in law. We won’t hesitate to take a case to trial if necessary, to maximize compensation for your amputation injury.
Why Do You Need an Amputation Injury Lawyer?
An insurance company may try to minimize your recovery for an amputation injury. Tactics such as delaying the claims process, tricking you into accepting a low settlement, or denying your insurance claim could get the better of you without help from a lawyer.
Hiring an attorney, however, can balance the scales and give you much better odds of negotiating a fair settlement. An Albuquerque amputation injury lawyer can demand full compensation, or take a case to trial if the insurance company refuses to offer a satisfactory amount. Injuries as serious as amputations require legal attention.
Causes of Amputations
A traumatic amputation is one that occurs in an accident, such as a limb getting caught in a piece of heavy machinery or lost in an explosion. Other amputations may arise due to medical complications, such as diabetes or infection. Both may give rise to personal injury lawsuits if someone else’s negligence contributed to the loss of limb.
Common causes of amputation injuries in Albuquerque include:
- Motor vehicle accidents
- Severe burn injuries
- Fires
- Explosions
- Machinery incidents
- Workplace accidents
- Cancerous tumors
- Serious infections
- Frostbite
Any traumatic accident that damages a limb or digit beyond repair – such as a car accident or serious fall – may lead to a medical amputation. A range of medical conditions can also result in amputations. In amputation cases, a physician’s goal is always to preserve as much function in the affected area as possible while addressing the underlying cause of the issue.
What Types of Evidence Should You Collect for Your Personal Injury Claim?
A personal injury claim must be proven by the plaintiff, or filing party, based on a “preponderance of the evidence,” meaning the claim is true with a certainty of at least 51 percent. As the filing party in an amputation claim in Albuquerque, you or your attorney must prove your case using clear and convincing evidence.
While every personal injury claim is unique, common types of evidence include:
- Police and accident reports
- Medical records and treatment documentation
- Photographs and videos
- Witness statements
- Cell phone records
- Physical evidence from the accident scene
- Testimony from experts
- Lost wage documentation
- Personal impact statements
An amputation claim must be proven using evidence of a defendant’s fault as well as evidence of the victim’s damages. A lawyer in Albuquerque can help you support your case by searching for and collecting available evidence. Strong evidence will substantiate your claim and demonstrate the impact of a catastrophic amputation injury on your life.
Who Is Liable?
If someone is liable for your amputation, that means he or she must pay you damages. The liable party will be the person or entity that created the proximate cause of your injury. For example, if a drunk driver in Albuquerque caused your rollover accident and subsequent loss of limb, the reckless drunk driver will be liable for your damages. Identifying the liable party often takes an investigation of your incident.
What Damages Can I Recover?
A successful insurance claim or injury lawsuit could result in restitution for damages such as past and future pain and suffering, emotional anguish, medical expenses, lost wages, the lost capacity to earn, and reduced quality of life. The value of your case will depend on the severity of your injuries, and the misconduct of the defendant.
Since catastrophic injuries cause a greater amount of damage to victims, these cases often result in greater financial awards. An injury as serious as an amputation may result in significant damage recovery. While no amount of money will ever make up for the loss of a limb, a fair settlement or judgment award can make it easier for you to move forward and adapt to your new life.
How Long Do I Have to File an Amputation Injury Claim in Albuquerque?
It is important to file a personal injury claim for an amputation injury as soon as possible in New Mexico. There is a law known as the statute of limitations (N.M. Stat. § 37-1-8) that places a strict three-year deadline on most personal injury cases. This law states:
- Section 37-1-8 – Actions against sureties on fiduciary bonds; injuries to person or reputation
- Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person for whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years.
While certain circumstances can extend or shorten the filing deadline, for the most part, injured accident victims have three years from the dates of their accidents to file claims. If you wait too long and miss your statute of limitations, the courts will most likely bar your recovery, meaning you will lose the right to hold someone liable for your amputation injury.
If the defendant in your case is a government agency and you are an employee of the government, New Mexico’s Tort Claims Act gives you just 90 days to file a notice of intent to file. If you are not a government employee, you have two years to bring a claim against a government agent. Contact a lawyer as soon as possible to avoid missing your time limit.
Contact Us Today
For more information about the value of your case, who may be liable, and your legal options in the state of New Mexico, contact us. You can discuss your case with our Albuquerque car accident attorneys during a free case consultation. Call (505) 889-FINE today.