What Happens When Someone Files a Bodily Injury Claim?

When someone is injured due to another party’s negligence, they may seek compensation by filing a bodily injury claim. What happens when someone files a bodily injury claim? The process involves gathering evidence, negotiating with insurance companies, and possibly pursuing a lawsuit. At Parnall Law, we help injury victims in New Mexico navigate this complex legal process to recover the compensation they deserve.

What Is Bodily Injury?

Bodily injury refers to physical harm sustained by a person due to another’s negligent or intentional actions. It can range from minor bruises to severe, life-altering conditions. Legally, bodily injury is often used in personal injury claims and criminal cases involving assault.

Examples of bodily injuries include:

• Broken bones
• Head trauma or concussions
• Spinal cord injuries
• Internal organ damage
• Severe burns

Under federal law, bodily injury is defined as “An injury that isn’t life-threatening or severely harmful but causes temporary pain, disfigurement, or loss of function to a body part.”

What’s the Process to File a Personal Injury Lawsuit?

Filing a personal injury lawsuit requires several legal steps to ensure proper compensation for damages. The process typically follows these stages:

1. Seeking Medical Treatment: Immediate medical attention documents the extent of injuries and establishes a treatment record.
2. Consulting a Personal Injury Attorney: An attorney can evaluate the case, determine liability, and advise on legal options.
3. Investigating the Claim: Gathering evidence such as medical records, witness statements, and accident reports strengthens the case.
4. Filing an Insurance Claim: Many personal injury cases begin with an insurance claim before escalating to litigation.
5. Negotiating a Settlement: Attorneys negotiate with insurers to secure fair compensation without going to court.
6. Filing a Lawsuit (If Necessary): The attorney will file a formal lawsuit if settlement negotiations fail.
7. Trial and Verdict: A judge or jury will determine liability and compensation if the case proceeds to trial.

What Happens When Someone Files a Bodily Injury Claim?

When a bodily injury claim is filed, the responsible party’s insurance company investigates and either accepts or denies liability. The process involves:

• Claim Investigation: The insurer reviews medical records, accident reports, and witness testimonies.
• Settlement Negotiations: Insurance companies often attempt to settle for the lowest possible amount, which is why having legal representation is crucial.
• Demand Letter Submission: The claimant’s attorney submits a formal demand for compensation, outlining medical expenses, lost wages, and pain and suffering.
• Lawsuit Filing (If Necessary): The case may proceed to court if the insurer does not offer fair compensation.
• Litigation and Trial: If no settlement is reached, the case is heard before a judge or jury.

How do I gather documentation to prove my injuries?

Thoroughly documenting injuries is crucial for a successful claim. Essential evidence includes:

• Medical Records: Obtain hospital records, doctor’s notes, and treatment plans that detail the extent of injuries, prescribed treatments, and recovery progress. 
• Photographic Evidence: Take clear, high-quality photos of visible injuries, accident scenes, and property damage as soon as possible after the incident. Capturing different angles and timestamps can help establish the cause and impact of the accident, strengthening the claim.
• Police Reports: If law enforcement responded to the incident, their official report provides a neutral account of the accident, including statements from involved parties and witnesses. 
• Witness Statements: Collect statements from individuals who saw the accident occur, as their firsthand accounts can corroborate your version of events. 
• Employment Records: Documentation of lost wages, missed workdays, and any reduced earning capacity due to injuries helps establish financial damages. 

Maintaining a detailed journal of symptoms, treatments, and emotional distress can further support a claim.

What’s the Statute of Limitations for a Bodily Injury Lawsuit in NM?

In New Mexico, the statute of limitations for filing a bodily injury lawsuit is three years from the date of the accident. Failing to file within this period generally results in losing the right to seek compensation. However, certain exceptions apply, such as cases involving minors or injuries that were not immediately apparent. Additionally, claims against government entities require a formal notice within 90 days of the incident. Given the complexity of legal deadlines, seeking professional legal counsel as soon as possible is essential to protecting your rights.

Need Legal Help with a Bodily Injury Claim? Contact Parnall Law Today

Contact Parnall Law Today! When medical bills are piling up, you may be wondering how to file a bodily injury claim in New Mexico, but the truth is that this process can be very complicated. We want to help our clients every step of the way at Parnall Law, making sure they understand their rights and receive the compensation they deserve. Call us at (505) 268-6500 or contact us today for a free consultation on legal options and begin your road back to financial freedom.