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    Personal Injury Lawyers
    in Hobbs, NM

    Serving San Antonio, El Paso, Midland, Odessa, and Laredo, Texas as well as Carlsbad & Hobbs, New Mexico.

    Everyone needs someone to count on during difficult times. If you have been injured or need legal representation, we want you to know that we are here for you 24 hours a day 7 days a week.

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    Hobbs, NM Personal Injury Lawyer

    Major roads in Hobbs, New Mexico, include New Mexico State Road 132 (NM 132), New Mexico State Road 18 (NM 18), New Mexico State Road 322 (NM 322), and New Mexico State Road 8 (NM 8), but while these may be common sites for automobile accidents in the Hobbs area, there are many other locations of other accidents that can be just as serious. In this way, any person who suffers injuries in any kind of accident involving the negligence of another party will want to seek the help of an experienced Hobbs, NM personal injury lawyer.

    Personal Injury Lawyer Hobbs NM

    Hobbs, NM personal injury attorney will know the most beneficial way of handling your case so you can be confident that you will be on the path to recovering as much financial compensation as possible to cover the many costs you are now facing. Severe injuries can involve various kinds of costs, ranging from an overwhelming amount of medical bills to significant lost wages because of time away from work, and a lawyer is going to be your best bet for getting the help that you so desperately need.

    New Mexico Statute

    Under New Mexico Statute § 41-3A-1, New Mexico is a pure comparative negligence state, meaning any defendant establishing that the fault of another party is a proximate cause of a victim’s injury will be liable only for that portion of the total amount awarded as damages to the victim. That is equal to the ratio of the defendant’s fault to the total fault attributed to all persons. This definitely includes victims, defendants, and persons not otherwise party to the action. Pure comparative fault means that you are allowed to recover damages, even when you were primarily at fault, so a victim awarded $100,000 in a car accident claim they are found to have been 90 percent responsible for would see their award reduced by $90,000 and ultimately receive $10,000.

    Many states enact limits on awards referred to as damage caps, and New Mexico only recognizes one kind of damage cap. New Mexico has a $600,000 damage cap in medical malpractice cases, but that cap will not include punitive damages or the costs of past and future medical care.

    Economic damages may include:

    • Medical bills
    • Lost wages
    • Medication expenses
    • Lost earning capacity
    • Cost of treatment in an emergency department
    • Doctor appointment fees
    • Ambulance fees
    • Cost of hospital stays
    • Surgical costs
    • Rehabilitation or physical therapy costs

    Noneconomic damages often include:

    • Emotional distress
    • Pain and suffering
    • Disfigurement
    • Inconvenience
    • Disability
    • Loss of enjoyment of life
    • Loss of society and companionship
    • Loss of reputation
    • Loss of consortium
    • Humiliation
    • Worsening of prior injuries

    Keeping in mind that personal injury involves the term injury, it is usually a person’s injuries that are the center of most personal injury cases. The types of injuries people can suffer will vary depending on the kind of accident they were involved in, and it is always possible that some people will sustain multiple injuries in a single accident.

    Cesar Ornelas Principal

    Contact a Personal Injury Lawyers in Hobbs NM Today!

    Our firm, Cesar Ornelas Law will provide legal representation on a contingency fee basis, so you will not have to pay us a single dollar up front to handle your case because we will instead deduct a prearranged percentage of whatever your award ultimately ends up being.

    Call us at (888) CESARWINS [(888) 237-2794] or (210) 405-6503, email us at help@cesarornelaslaw.com, or contact us online to arrange a completely free, no-risk consultation.

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      We have strength in numbers and in talent. Our firm employs a team across cities in Texas and New Mexico. We have some of the best trial lawyers in their respective areas of practice.

    • Focus

      Our motto is ‘every client, every day.’ We are laser-focused on getting you the best settlement possible while bringing justice home to you or your loved ones.

    • Personal Attention

      Our staff is responsible for making your doctor’s appointments and sorting out insurance claims. The last thing you need to worry about is the details. We’ve got that part covered.

    • Transparency

      Our attorneys are here to help you. We will investigate your injury and advise you about your rights to recover an injury-related settlement after an accident.

    • Communication

      Our attorneys will communicate with you clearly and often. We are proactive about keeping you informed of your rights and responsibilities and are available 24/7 to take your call.

    Our Attorneys Are a Truly Exceptional Group of Lawyers.

    Frequently Asked Questions

    Answers to Your Most
    Commonly Asked Questions

    When you schedule your free consultation with a El Paso personal injury attorney, you should come prepared with specific questions for us to address.

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    FAQ

    Another kind of damages that is not as common is punitive damages, which New Mexico Statute § 41-3-4 states are not awarded as compensation to a wronged victim, but rather as a punishment to an offender and a warning to other parties. In a personal injury action, a jury can award punitive damages only if a defendant acted:

    • Maliciously — Malicious conduct is a defendant’s intentional commission of a wrongful act with the knowledge that the act is wrongful.
    • Willfully — Willful conduct is a defendant’s intentional commission of an act with the knowledge that harm would likely result.
    • Recklessly — Reckless conduct is a defendant’s intentional commission of an act with indifference to the possible consequences.
    • Wantonly — Wanton conduct is a defendant’s commission of an act with indifference to or conscious disregard for a victim’s rights or safety.

    New Mexico does not place any limits on punitive damage awards, but awards that appeals courts deem too high may be reversed.

    A personal injury action can relate to any one of several types of accidents. In fact, common types of personal injury actions may include the following:

    The specific type of injury a person suffers will play a major role in the amount of compensation that an insurance company agrees to settle for or a jury awards damages. Additionally, many injuries people depend on the specific accidents people were involved, and certain people can sustain multiple injuries in a single accident.

    Common kinds of injury claims can involve the following:

    Clearly, a personal injury case is going to involve you needing to prove four basic elements. The elements include:

    • A defendant owing a legal duty of care to the victim
    • A defendant breaching their legal duty of care
    • A victim suffering injuries
    • A victim being injured because of the defendant’s breach of duty

    In this way, the duty of care refers to a person’s duty to act as a reasonable individual would under particular circumstances, while the phrase special duty of care means a person is obligated to act in a way an average person might not necessarily be expected or obligated to do. So, people are not negligent if they fulfill their duties of care.

    An award given to a victim in a personal injury case that goes to trial will be known as damages and may include different forms of damages. The two most common forms of damage are economic and non-economic damages. Economic damages are tangible and provable losses. Noneconomic damages are subjective losses without an inherent financial value.

    Under New Mexico Statute § 37-1-1, a person only has three years from the date of an accident to file an action for personal injury. In addition, this law is also known as the statute of limitations, and some exceptions do exist to this time limit, including:

    • Children — Minors in New Mexico mean any person under 18 years of age, and a minor will have until one year after their 18th birthday to file suit in a personal injury case. When a minor is incapacitated, then the time limit is one year after the termination of the incapacity.
    • Medical Malpractice — A minor involved in a medical malpractice case will have until their 9th birthday when the victim was 6 years of age or younger.
    • Claims Against Government Entities — A victim will have to give notice (Tort Claims Notice) of a claim within 90 days of an incident to a designated official for the public entity to be named. So, after notice is given, victims will have two years after the incident to file suit.
    • Discovery Rule — New Mexico Statute § 37-1-8 states that the discovery rule applies to claims involving exposure to toxic mold, under which a cause of action will accrue when a victim knows, or with reasonable diligence should have known, of an injury and its cause in claims of exposure to toxic mold when a victim in a toxic mold case experiences physical symptoms that would cause an ordinary person to make an inquiry about the discovery of the cause of the symptoms.

    Breaches of duty can involve actual causes or causes in fact, which are actions that produce foreseeable consequences without any other interventions. Proximate causes are events that are sufficiently related to injuries and the court deems them to be events causing injuries. Also, proving you suffered injuries often involves medical reports people receive after visiting hospitals.  Without a doubt, medical records usually indicate what kind of injuries a person suffers and how severe they are.

    To prove that injuries relate to a breach of duty, you will have to demonstrate that you suffered a type of damage because of the alleged breach of duty. The evidence could include repair bills for property damage, medical bills, proof of lost income, or other forms of evidence.

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