Personal injury cases involve those situations in which an individual is injured because of the negligence of another individual including motor vehicle accidents, slip and falls and defective products. Not all accidents are a result of someone else's carelessness or negligence. Sometimes "accidents do happen" without there being negligence involved. However, if an accident is a result of negligence, because, for example, someone rear-ended you in your vehicle, ran a red light, etc., you may be entitled to be compensated for the damages that you suffered.

The damages that people often suffer include pain and suffering, medical expenses, lost income, loss of earning potential, and loss of ability to perform household services. For answers to some frequently asked questions, please see our section titled FAQs.

If you are involved in an accident that results in these types of losses, unless there are no injuries or the injuries are quite minor, it is best to contact an attorney. Most attorneys will not charge you for an initial consultation to advise of your rights and obligations.

In New Mexico, as in most states, if you are injured on the job, the benefits that you are entitled to are limited to (with few exceptions) those benefits that are contained in the New Workers' Compensation Act found in Section 52 of the New Mexico Statutes. Generally speaking, if you are injured on the job, you are entitled to payment of your medical expenses, payment of your lost time from work, and payment of one-half of your attorney's fees by the Employer and their Insurer.

If your injuries are permanent and prevent you from returning to work, you may also be entitled to certain benefits outside the Workers' Compensation Act including Social Security Disability, Supplemental Security Income, Short Term and Long Term Disability, Public Employee Retirement benefits. You may also be entitled to welfare benefits depending on your family income and needs. My representation, however, would be limited to your workers' compensation claim.

Workers' compensation benefits are payable notwithstanding who is at fault in causing your accident. Even if the accident was due to your own negligence, you are still entitled to workers' compensation benefits because it's a "no fault" system of benefits. There are some exceptions to this. If you willfully cause your injury or your injury occurred as a result of being intoxicated or on drugs, you may not be entitled to benefits.

The first thing you should do when you are injured is report the accident to your supervisor. This is so even if you are uncertain about the severity of the injuries and the need for medical care. There is a 15 day reporting requirement, and although there are many exceptions to this requirement, it is best and safest to report the accident as soon as possible after it occurs. The employer should, thereafter, file a written accident report.

It is best to seek medical care as soon as possible after the accident unless the injury is of a very minor nature. The employer does have the right to initially direct healthcare, but can also allow you the opportunity to direct healthcare initially. If the employer initially directs healthcare, then you are entitled to change physicians after 60 days if you wish. Likewise, if you make the initial selection of healthcare providers, the employer has a right to change after 60 days. There are occasions when it's not entirely clear as to who made the first selection of healthcare providers. It's best to consult an attorney about these situations.

The workers' compensation insurer is required to pay you 2/3 of your average weekly gross wages (generally computed by using your last 26 weeks of payroll prior to your accident), but they are not required to pay for the first week that you are off of work until and unless you have been off for 30 days or more. It generally takes anywhere from two to four weeks before you receive the first lost time payment or what we refer to as total temporary disability (TTD) payments. These benefits continue to be payable until you are released to return to work, even in a light duty position, or until you reach a point that is referred to as maximum medical improvement (MMI) -- which is the point (as determined by your physician) where your condition has either resolved itself or where you have reach a medical plateau, and aren't expected to receive any significant further recovery.

Once you have reached MMI, then a formula is used to determine, what, if any, permanent partial disability (PPD) benefits you may be entitled. This formula takes into consideration the impairment ratings the physician will determine from an American Medical Association Publication, and also is based on your age, educational background, type of work you have done in the past, whether you are currently able to perform your previous employment, and the difference between your current physical abilities compared to what you were required to do prior to your injury.

How many of these "modifier points" that you will be entitled to receive depends on whether you've been able to return to your work earning at least as much money as you were making prior to the accident. Generally, if you are unable to return to work because of your injuries, the weekly PPD that you are going to receive is usually inadequate to sustain you financially. The law does provide for some opportunities under certain circumstances to obtain a lump sum of your future benefits or a partial lump sum of future benefits in order to help pay some of your bills that you may have incurred since you became disabled.

If your employer does offer you work within the restrictions that the doctors impose, you should definitely indicate your willingness to try the work even if it's at a different job and even if the pay is less. If you do not accept an offer of employment within the restrictions the physician imposes, then you may be jeopardizing your monetary benefits that you would otherwise be entitled. Difficulties frequently arise with respect to "light duty" job offers, including whether or not they are genuine offers, whether or not the employer is willing to actually accommodate the restrictions, etc. In these situations, it's best to consult an attorney.

The best case scenario is to make a swift and complete recovery from your injuries and return to your job. The worst case scenario is to suffer injuries that are of such severity that you are incapable of returning to the type of work that you have done in the past. The monetary benefits you will receive for suffering such severe injuries that keep you from returning to work will seem woefully inadequate. If the injuries are going to be permanent and severe, it's never too early to start thinking about the possibility of having to make a career change. This may require furthering your education or obtaining retraining.

If it appears you will be unable to return to work for a long period of time, you should give serious consideration to applying for social security disability, and whatever other disability benefits may be available to you. These processes can take months, and there is no guarantee of successfully obtaining the benefits. The application process should be started sooner than later.