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Most people don’t spend their lives preparing for the day when they get into a serious, injury-causing collision or incident. Most of the time, it just happens and we are left to our own judgement about how to handle the situation. Sometimes people make good decisions and sometimes people don’t or either don’t know any better.

Sapien Law LLC seeks to clarify some of the most basic points about common ways you could inadvertently damage or negatively affect your own personal injury claim and seeks to set you on the right track by providing the alternative, better-for-your-case options.

In New Mexico, state law requires that any driver of a motor vehicle carry at least the minimum amount of 25/50 ($25,000 per person per accident/ $50,000.00 per occurrence) in liability insurance. This is insurance that you pay for to protect you in the event you are at fault and thus liable in an auto collision or other incident involving your automobile. However, just because you pay the premiums doesn’t mean that your insurance company will automatically pay for your losses. In fact, they may be looking for you to make these common mistakes in order to limit or outright deny your claim.

#1 Deciding Not to Call the Police

After an accident, it is imperative that you call the police to the scene of the collision or incident involving your auto. It does not matter whether you believe the claim is large or small, on a highway or parking lot, the police should always be contacted. The reason for this is simple: the investigating police department will prepare and file an accident or crash report about the incident. This information is considered highly credible by insurance companies and will provide the initial evidence related to your claim.

Sometimes, when collisions seem to be minor, the parties involved decide not to call the police. This leaves the case wide-open to interpretation later, with a he-said-she-said battle sure to ensue. Not to mention, the witnesses and the parties have limited memories that usually fade over time which makes it more difficult for the insurance company to evaluate your claim.

Right after a collision, people tend to be more regretful and more likely to own up to their part in the incident. If the police are there, they can record this information as well as collect eyewitness accounts. If they are not there, the other driver’s story and “the one they promised they’d own up to” can be changed later once they’ve had time to think about it.

If your own insurance company doesn’t believe your story likely because of conflicting accounts and because the police were left out of it, they could consider that grounds to deny your claim.

The simple solution to all these woes is to just call the police, immediately so that you can have a record of the events and parties involved which will likely be to your benefit as the claim develops.

#2 Not Seeking Medical Treatment

Many people falsely believe that they cannot afford medical treatment, or do not need medical treatment, after an auto collision. This is a major mistake and a great way to mess up your personal injury claim.

Additionally, not seeking medical treatment makes it appear to the insurance company that you’re not really injured. After all, someone who is seriously injured would surely seek medical treatment right away, right? Well actually, many people are involved in collisions and don’t realize they’re injured until later. This is partially because of the adrenaline and commotion and partially because some injuries take time to manifest.

This also applies if you do seek medical treatment right away, but you fail to follow up with the care or the doctor’s orders. This situation will appear to the insurance claim representatives as if your injuries aren’t all that serious.

The short advice here: always seek medical care through a qualified physician and follow through with checkups and treatments. You are the only person responsible for your health and wellbeing.

#3 Exaggerating Your Losses

When it comes to making a personal injury claim you want to be completely honest if you are providing a statement to the investigating police officer or to an insurance company claim representative. Not only is this a great policy in life, but not doing so could seriously harm your personal injury claim and your credibility in front of a jury.

When making a claim, you will have to convey to the insurance company exactly what your harms and losses are and whether they will continue into the future. Some of these may be easy to come up with, like your medical bills, since the dollar amount is clearly presented in black and white. The same goes for lost wages, which can be calculated by multiplying your time off work by your usual pay rate. However, when it comes to additional legal damages, you will want to be careful in the information that you provide to the insurance company. If the insurance company determines that you have exaggerated or embellished your losses, they will likely think you are just after they money and this situation could lead to a severely reduced or completely denied claim.

To prevent this, simply report your claim with complete honesty, no more, no less.

#4 Using Social Media

Almost everyone these days posts at least some part of their lives on social media; some of us post a lot more than others. This is all good and well, except when it comes to a personal injury case. This point has two variations, both of which can be devastating to your personal injury claim.

The first point deals with posting information to social media that specifically pertains to your personal injury claim. This is a bad idea and you don’t want to post something that will negatively affect your claim. It is perfectly natural to want to share an important event from your life with your family and friends. We all do it, all the time. However, when it comes to your injury, you want to leave this off social media; all of it.

Insurance companies can and will search your social media pages to find any information that is available to them. Even if your accounts are private, you should refrain from using social media as it pertains to your personal injury case. In addition, do not bash the insurance company or their claim representatives online. This will be perceived negatively and could reflect poorly on your case and your overall credibility.

The second point about social media pertains to posting stuff that may seemingly have nothing to do with your case. For example, imagine you are injured in an auto collision and file a claim regarding your lower back injury. A few weeks later, you’re invited to your cousin’s wedding and reluctantly attend, swearing to keep your physical activity to a minimum. However, during the event, your cute niece or nephew begs you to slow dance. You do so, despite the pain because it’s so cute. Cute enough for your aunt to snap a picture. This photo gets posted to social media and you’re tagged in it. Now, the insurance company has “proof” that you aren’t really that injured or else you wouldn’t be out dancing at the wedding. They don’t know the circumstances and neither will a jury.

To prevent this, despite how hard it may be, you must stay off of social media while dealing with a personal injury claim. Not everything can or will be used against you later, but it’s better to be safe than sorry. Deactivate your accounts and take a break for a few months. You may actually enjoy the time away from social media.

#5 Not Contacting a Personal Injury Attorney

This is one mistake that people make all the time. Plenty of people handle their cases on their own, but whether or not they get the full value of their case is questionable. Insurance companies, even if they’re your insurance company, are trying to pay as little as possible. They are a business, after all, and reducing their financial long-term exposure is their main interest.

Personal injury attorneys know what tactics insurance companies use, how to redirect them, and at what angle to approach a personal injury claim. Whether or not you hire an attorney is a personal choice, but when dealing with a megacorporation who hold your physical and financial health in their hands, it’s always better to have a legal advocate in your corner fighting for on your behalf.

So if you are injured in an auto collision or other auto related incident, you’ll hopefully be more educated and know what not to do and what to do. The information is pretty self-explanatory: call the police, see a doctor, be honest, stay off social media, and seek professional help. If you do these things, your personal injury claim will be off to a good start.

Sapien Law LLC is available to assist you with your auto claim. Call us at (505) 842-5979 to arrange a free consultation.

According to a study published on the American Family Physician, about nine percent of all people who are involved in auto collisions which is approximately 3.5 million people in the United States every year develop Post Traumatic Stress Disorder (PTSD) as a result.

What is Post Traumatic Stress Disorder?

Post-Traumatic Stress Disorder, or PTSD, is a common mental disorder that can develop after experiencing or witnessing a life-threatening event. It is important to note that everyone experiences PTSD differently, and that symptoms of PTSD develop after varying amounts of time for everyone. The US Department of Veteran Affairs lists four (4) common symptoms for people suffering from PTSD, which are:

– Re-living the event. It is common for people with PTSD to have flashbacks of the life-threatening event over and over again. These flashbacks can sometimes be triggered by certain actions or by being in certain areas.

– Avoiding certain actions that remind you of the event. After a crash, you may have a very difficult time talking about the crash, and will likely have difficulty driving or entering a car after the crash.

– Experiencing negative feelings or beliefs. Your behavior and mood may change after a traumatic event. You may experience a sense of helplessness, numbness, or find it difficult to be happy. You my stop participating in activities that you previously enjoyed, or feel like the world has become a more dangerous place.

– Hyperarousal. You may feel very anxious or jittery after a crash. You may find it hard to concentrate and will constantly be on the lookout for danger. This behavior may also result in unhealthy lifestyle choices such as substance abuse or antisocial behavior.

Other symptoms of PTSD can have a severe impact on your day-to-day life:

– Sleeping problems. Not only difficulty sleeping, but also sleepwalking, night terrors, and constant fatigue.

– Depression and chronic pain. It is common for people with PTSD to feel depressed about their situation or to blame themselves for a situation that was outside of their control.

– Trouble at work and maintaining relationships. People with PTSD may have a hard time communicating and focusing after a crash that impairs their ability to work and connect with other people.

Treatment For PTSD

It is important to seek medical attention for PTSD as soon as possible. Many treatments are available for people with PTSD. These include psychotherapy and certain kinds of medication. If your PTSD is left untreated, your symptoms may worsen and cause other symptoms to arise or take longer to resolve.

Two types of cognitive behavioral therapy have had success with PTSD recovery.

1. Cognitive Processing Therapy (CPT), which allows you to understand how the trauma has changed you as a person. Changing how you think about the event that led to your PTSD can help change the feeling you have as a result.

2. Prolonged Exposure (PE) in which you talk about your trauma and slowly begin to become comfortable with the topic. This may also help you control your thoughts and feelings regarding your traumatic experience.

Recovery from PTSD varies depending on the person and the severity of the case. In some cases, the symptoms of PTSD disappear completely, while some people with PTSD learn to cope even while their symptoms persist.

PTSD is a serious illness and may have a significant impact on your life. However, help is available for those who recognize that they have PTSD. If you suffer from PTSD, the first step you should take is to receive help from a professional. You may also be able to receive compensation for lost income and loss of income earnings capacity, psychological pain and suffering, and ongoing treatment if your PTSD arose from an auto crash or other traumatic event.

In general, you do not have to bear the burden of paying taxes on your personal injury settlements. A settlement usually pays for medical expenses and repair bills. These are charges that do not involve the Internal Revenue Service. However, a portion of the settlement may be subjected to taxation if the settlement pays for long term emotional damages and loss of income.

Repair Bills

Settlement money received to repair or replace your automobile is not taxable. You can use funds from a car collision settlement to repair your car, buy a new one, or deposit it in your savings account. The money is not subject to taxation because it is meant to replace the lost value of an asset and not to make profit. In addition, any settlement funds meant to replace or fix property that was damaged during the accident are not taxable.

Medical Expenses

Compensation provided for medical expenses and injuries are identified as compensatory and general damages. These funds are not subject to taxation. In addition, settlement funds will not be taxed if they are related to future medical expenses or a particular medical bill. Any portion of the settlement that pays for past, present and future pain, suffering, and physical harm is safe from taxation because the pain and suffering was instigated by injuries sustained in the auto collision.

Mental Anguish and Emotional Distress

While settlement for pain and suffering caused by a collision is not taxable, settlement payments for mental anguish and emotional distress may be taxable. The Internal Revenue Service considers settlements for mental anguish and emotional distress as taxable because they are not associated with physical injuries. Any funds received because of anxiety, emotional distress, and post-traumatic stress may be taxable. However, if you use part of your settlement to pay a mental health provider to help you deal with mental anguish and emotional distress as a result of the collision, compensation related to the treatment cost is not taxable.

Settling a Personal Injury Case

Settling a personal injury case involves signing a release of liability against the other party in exchange for a specific amount of money. A personal injury lawyer can represent you in a settlement negotiation before, during, and after trial. In most settlements, the parties may agree to a lower amount than what your attorney asks for, but more than the amount the other party wishes to pay. Both parties often work towards negotiating a settlement to eliminate the uncertainty of a jury decision.

Personal Injury Settlements

Personal injuries like sprained ankles and knees can be caused by slip-and-falls, auto collisions and medical malpractice. Settling your case for the amount initially demanded by your personal injury lawyer may not be possible. However, your trial attorney may provide you with several options for your settlement.

Calculating Your Possible Settlement

Personal injury cases are all different regarding the value of a personal injury settlement. The evaluation of your case will include your facts, evidence and circumstances. Some of the legal damages you may be entitled to include the total cost of your medical bills to date, your property damage, lost wages, expected medical costs among other relevant costs. The sum of these factors is referred to as your economic loss.

In a salvo against Donald Trump’s blatant racism against: Hispanics, Muslims, women and the disabled, Sen. Kirsten Gillibrand (D-NY) and Sen. Cory Booker (D-NJ), introduced a bill on Thursday that would prevent Federal courts from considering personal injury victims’ race or gender when calculating their awards.

The law, if passed, would “also direct the Justice Department and Labor Department to make non-binding guidelines for state courts and forensic economists—advising them that current practices may violate Federal equal protection laws,” according to The Washington Post.

The actuarial numbers now being used to determine the value of personal injury awards, are based on how much victims or their families could recover in the future, if they hadn’t been injured. Under current law, white males often receive larger awards than women and people of color with similar backgrounds.

For example, a white male with a bachelor’s degree is worth $2.28M, while a black male with a master’s is worth only $2.12 million. (www.washingtonpost.com/graphics/business/wonk/settlements)

Gillibrand told The Post, “In this day and age, the courts should not be allowed to say one life is worth more than another.”

Jennifer Wriggins, a law professor at the University of Maine, said today’s widespread racism and sexism “reinforces past discrimination and pushes it out into the future and endorses it.” www.washingtonpost.com/graphics/business/wonk/settlements

George Barrett, a forensic economist in Charleston, W.Va., “the overwhelming majority” of economists account for gender, and though it’s far less universal, it’s “absolutely” common for race-based tables to be used.

He called demographics averages “the industry standard”.

Personal Injury

Automobile collisions are at times simply unavoidable. We often blame the collision on simple misfortune or bad luck, but more likely than not the collision and the ensuing injuries to driver and passengers are generally someone’s fault. And when somebody else is to blame for your collision, don’t you think the responsible party should pay for your hospital bills, missed work, or other resulting complications? A wide, often complex section of the law exists that addresses injuries caused by collisions and seeks to identify who is to blame.

This article provides you with detailed information about legal principles and situations that cover most collision claims and lawsuits, which includes concepts of legal responsibility in personal injury cases, time limitations for filing a lawsuit, principles of financial compensation, and other legal elements related to negligence and legal damages. Our law firm can assist you from the actions you need to take immediately after any type of collision to how your personal injury attorney can secure a fair settlement.

Establishing Who’s At Fault

From a minor car smash-up in the street to a slip and fall on a slippery floor, if somebody is injured in a mishap, another person or legal entity is often to blame. Through the years, the legal system has developed a system for establishing legal responsibility in accidents.

Negligence

A claim that seeks to show fault for an injury is called a negligence case, and it’s submitted by the injured party (or claimant) against whomever is believed to be in the wrong (the responsible party or defendant). If a negligence case is to succeed, the claimant’s personal injury attorney has to prove that the following legal elements of negligence occurred:

Duty: The responsible party or tortfeasor was responsible for performing a duty of care;

Breach of Duty: The responsible party or tortfeasor did not fulfill this duty of care;

Causation: Were it not for the responsible party or tortfeasor party’s breach of duty, the claimant would never have sustained injuries and the accused party’s breach resulted in the claimant’s injury;

Legal Damages: The claimant has genuinely sustained injuries and experienced legal damages.

The laws that pertain to these factors are often complex, and the truth can be hard to prove. Consequently, the failure or success of negligence lawsuits rests on the particular facts, circumstances and evidence of the collision.

Loss Recovery

In a successful negligence case, the claimant is typically awarded a certain amount of compensation for losses related to the injury(s). The precise amount of compensation is mostly dependent on the legal damages sustained by the claimant, which includes hospital and medical costs, loss of income or wages, loss of household services, loss of enjoyment of life, loss of future earnings capacity, loss of consortium and in some cases punitive damages. Much like the results of a negligence lawsuit, the compensation that the claimant may be legally entitled to will be variable and are governed by the facts, circumstances and evidence related to the collision and the applicable laws in the area where the suit is filed.

The Need For a Personal Injury Attorney

Sapien Law LLC is interested in assisting you with your significant injury case resulting from the negligence of another person or entity. Please do not hesitate to contact our law firm at (505) 842-5979 to complete a brief telephonic intake and schedule a free consultation.

Whenever motorcycle riders and their passengers get onto their bike for a ride, they are automatically vulnerable to the high risk of suffering head injuries in either a single or multiple vehicle motorcycle collision. It is well known that motorcycles offer very little protection as compared to passenger vehicles. When collisions involving motorcycles do occur, they can result in the biker receiving head injuries, including brain trauma that can require extensive treatment, hospitalization and rehabilitation. Unfortunately, the brain injury may lead to paralysis, other debilitation or even death. Head injuries often leave lasting effects when the motorcyclist survives the collision.

According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are sixteen (16) times more likely than passengers in an automobile to suffer fatal injuries in a traffic collision. Motorcyclists are also four hundred percent (400%) more likely to suffer injuries in a crash. The leading cause of disability or fatality in a motorcycle crash is a head injury. This is why it is so important that motorcycle riders and their passengers wear a helmet each and every time they ride.

Consequences of a Motorcycle Crash Head Injury

When a motorcycle crash causes the rider to strike his or her head on the pavement or other surface, the result is commonly a traumatic brain injury (TBI). T BIs range from minor injuries like concussions to more severe injuries that can be life-changing, some of which require the injured person to have long-term care.

There are three degrees of traumatic brain injury suffered by victims of motorcycle crashes. These three degrees are mild, moderate and severe. A mild TBI usually results in a concussion. A concussion may or may not result in loss of consciousness.

When a moderate traumatic brain injury occurs, the motorcycle crash victim is knocked unconscious for a period of time that can range from only minutes to several hours. Moderate traumatic brain injury is also marked by confusion, disorientation and impairments to cognition, physical abilities and behavior. These impairments can be permanent. The motorcycle crash victim may also slip into a coma that can last days, weeks or much longer.

Traumatic brain injury can change the motorcycle crash victim’s life forever. The victim may struggle with loss of basic functioning, some of which can lead to depression. Mental impairments of multiple types are possible after brain injury and there is even a higher suicide risk among victims of this kind of injury. This is why it is critical that both physical and psychological treatments are gained after a motorcycle collision with injuries.

Head Injury Treatment after a Motorcycle Crash

Post-crash treatment will depend upon injury severity. Any rider who is in a motorcycle crash should be evaluated by a doctor right away to ensure minor injuries do not worsen and that there are no major injuries that are not yet realized. When a minor head injury occurs, the doctor may simply order rest and medication. But when brain injury is severe, the injured motorcyclist may need hospitalization, surgery, rehabilitation and physical therapy.

Therapy after a motorcycle crash head injury can last for months or even years. When years of rehabilitation and therapy are needed, a crash victim may still never be able to regain their pre-crash health and could need nursing care throughout the rest of their life.

All medical treatment for a brain injury or other head trauma is expensive. This is one of the primary reason riders who suffer traumatic brain injury need professional legal assistance for gaining compensation after the collision. These are some of the most expensive injuries anyone can suffer. Care can cost tens or hundreds of thousands of dollars. Some head injury cases cost in the millions for treatment, especially when the rider is young when the injuries occur.

Prevention of Traumatic Brain Injury in Motorcycle Crashes

Wearing a helmet is the best means of protecting yourself against a motorcycle crash head injury. Riders who wear helmets are more likely to survive their crash and they also suffer less severe injuries than those not wearing a helmet.

It is also important to ride safely. This is an important safeguard against being in a motorcycle crash, particularly one causing severe head injury. Unfortunately, even the safest riders are vulnerable to the actions of other unsafe drivers on the roadway.

If you or your loved one have been injured in a motorcycle crash and have suffered traumatic brain injury, other physical or mental health injuries or was killed in a crash of this type, you need legal representation by an experienced motorcycle crash lawyer. Our legal team at Sapien Law LLC is available to represent you and your family.

The job of a personal injury attorney is to see that you get the fair compensation that you deserve for accidents that are no fault of your own. This field encompasses a broad range of matters, including car accidents, medical malpractice, insurance disputes, faulty products, fires and explosions, and much more. The truth is, be it a dog bite or intentional tort…

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The most important part of any personal injury claim is in the minutes and days after the collision or incident. It is vital that you gather important information, obtain photographs or video of the collision scene or area the incident occurred and maintain any documents.

The following are important areas that you should concentrate on after a collision or slip and fall incident or any other potential liability claim.

Collision Scene:

If possible while on the scene of the collision, take as many photos as you can. Take photos of the autos involved in a car crash or the place where you fell. If a car crash, take photos and/or video of the scene of the crash. Include road signs, traffic lights, etc. Only gather this evidence if it is SAFE to do so. If you are not able to obtain photos or video see if there are any witnesses or your passengers who would be willing to take photos or video for you.

Property Damage:

If your vehicle has to be towed from the scene or taken to a body shop to get repaired, it is crucial to get either your insurance company or the insurance company for the responsible party involved. The insurance company will generally take photos and provide an estimate of the property damage to the vehicles involved in the collision. The insurer may also arrange for your vehicle to be repaired by a local reputable auto body shop. Your insurance company may also obtain a rental car for you if you have this coverage. If you do have to pay out of your pocket expenses, please keep track of the expenses and maintain receipts or other proof of the expense.

Past, Present and Future Pain & Suffering:

It is a good idea to keep a diary or written journal to compile a narrative of your experience resulting from the incident. Your diary will document what you are going through because of the collision or incident. You will share the diary or journal with your attorney. Take detailed notes regarding your medical condition and your inability to return to work because of your injuries. For example, a headache that hasn’t gone away; pain in your knee or lower back; waking up in middle of night because of the pain you are experiencing; mental and emotional distress or anguish because you are re-living the crash; fear of driving, etc. You should also take photos or video of your injuries and any medical devices ordered by your doctor and any scaring from your injuries or resulting medical treatment.

Mental Distress:

In addition to pain and suffering, you may be suffering from a psychological injury. You may have had issues in the past that are now worse or your mental health issues may be brand new and directly related to the collision or incident. Your health is most important and you should make sure you get to a mental health physician as soon as possible to discuss any issues and whether additional medical or psychological care is necessary. These visits should eventually help you get better.

Medical Reports:

Your medical reports are one of the most important piece of evidence in your case. If you have not gone to a doctor and have no medical reports, you do not have a case. Therefore, if you are injured, it is your responsibility to see a doctor or medical facility. It is best to see a doctor immediately after the collision to ensure that your injuries are treated in a timely manner. The health care provide must prepare proper medical reports for your case. You will need to notify your lawyer regarding the doctors you are seeing and keep him/her informed about your future medical care. It is important that you get to know your doctor and establish a good relationship with your medical provider(s). It is crucial that you let your lawyer know each doctor that you have visited or plan to visit in the future. This is important so the medical reports and expense records can be obtained after your medical treatment is complete. Your medical records will be some of the evidence your attorney will use to document the severity of your injury(s). Your medical evidence will allow your attorney to evaluate your claim and present a demand for settlement to the insurance company involved.

Medical Bills and Health Insurance Liens:

Similar to obtaining your medical records, your lawyer will also need to obtain all of your medical bills. Your bills are directly related to how much your case is worth. Your lawyer will also want to make sure that your health care providers are billing the correct insurance company. If your health insurance company pays for the collision or incident related medical bills they may be entitled to a reimbursement at the end of the case so your lawyer needs to closely follow the medical expense payments. Your lawyer will likely notify your health insurance company early in the case to determine if the insurer will be presenting a claim for a right of reimbursement from any proceeds you may obtain in a liability claim settlement. It is critical that you let your lawyer know if you have personal health insurance, Medicaid or Medicare that may have paid for your medical expenses.

Lost Wages:

Similar to your past medical bills, your past lost wages are directly relevant to the value of your case. It is recommended that you keep track of any lost wages. Your lawyer will get proper documentation from your employer and from your physician in order to prove your lost wages. If your injuries are significant you may also have a claim for loss of future earning capacity. This type of claim is more difficult to prove and your lawyer may need to hire an expert to prove this element of damage. For example, if you suffered a back injury and because of your injury you may not be able to get a promotion to a higher paid job or may not be able to ever return to your profession, your lawyer will include this as part of your case evaluation.

Sapien Law LLC will guide you in the right direction and is ready to assist you with your liability claim. Contact our law office today at (505) 842-5979 to schedule a free consultation.

If you are injured by the negligence of another party and make a claim for medical expense, loss of past and future income or pain and suffering you will likely be asked to sign a records release. The insurance company will usually ask for a release for medical records and employment records. It is very important that you read and understand the language and terms of the Release. It is not recommended that you JUST SIGN IT AND SEND IT BACK.

The insurance companies will use the information to investigate your claimed damages but will typically NOT agree to keep your medical or wage information private.

Don’t sign any release without reading it carefully or consulting an attorney. Why? Most of these releases do not protect the confidentiality of your personal information. Most of these releases allow the company unlimited information.

Your medical records are protected under federal law by HIPAA the Health Insurance Portability and Accountability Act of 1996. A Third Party, like an insurance company, needs your permission to obtain these confidential records.

While the company may be entitled to certain relevant information, most of these releases are very broad and not limited to just your information about the injuries claimed from one accident. The same is true for your employment information.

In New Mexico, the insurance company representatives are not legally entitled to talk to your doctor or health care provider about your medical issues or your claim unless you agree in writing. Talking to your doctor without you or your lawyer present is NOT allowed unless you agree to let them do so.

Here is an example of language that appeared in the releases from one of the large auto insurance companies:

"As you can see this release lets the insurance company claims investigator talk to your doctors, not just get medical records. Once they get information this release lets them share it with anyone for any purpose."

Here is another example from the same insurance company release:

"While you need to cooperate with the insurance company as part of the claims process, you certainly do not want this information released to other insurance companies or employers for any other purpose."

We have clients sign a release specific to the medical entity where treatment was obtained that is HIPAA compliant and that is limited to just the information the law requires. Our law firm also uses employment releases, etc. and our releases limit the time and scope of the release and provide that the information can only be used for the claim you are making and must be kept private.

Confused? Call Sapien Law LLC today and schedule a free consultation. 505-842-5979.

If you are injured in a collision and decide to file a personal injury claim, a rather arduous process is set into motion. This process can be complicated, long, and confusing; there is really nothing that can be done about that. However, understanding the basics of the procedure will help to alleviate some of the stress since understanding the unknowns can remove a lot of the worry.

This blog will cover eight general ideas that almost always present themselves in the personal injury claim process. These concepts are: hiring an attorney, statute of limitations, submitting a demand letter, filing a formal legal complaint, the discovery process, a settlement, and the jury trial.

A basic understanding of these fundamentals will provide information on exactly what you are getting into when you pursue a claim. Once you understand these concepts, you will know what to expect next and generally how things will go.

Hiring an experienced and qualified Personal Injury Attorney

One of the primary steps you should take after deciding to pursue a personal injury claim is hiring an experience and qualified personal injury lawyer. Injury victims who go this route generally receive more favorable settlements, less stress, and gain an advantage over the insurance companies.

Hiring an attorney is a much simpler process in 2017 thanks to new technologies that allow us to know exactly whom we are hiring, their qualifications, and how their past clients feel about the services provided by the attorneys and the law firm. You should begin this search by looking for a personal injury attorney in your area who has expertise in your specific type of case or injury.

Statute of Limitations

All states place a statute of limitations on civil cases. This basically means that after a certain period of time, a case can no longer be brought in front of a court. New Mexico has different limitations depending on the type of personal injury case. For a common injury case, the limitation is three (3) years from the date of the collision or incident. A claim against a government agency, like a city or county, is limited to two (2) years and requires that you submit a notice of the tort claim within ninety (90) days of the collision or incident. Any case involving a wrongful death is limited to filing a lawsuit within three (3) years of the date of death. A Wrongful Death legal action will require a court approved Personal Representative on behalf of the Estate of the deceased party.

What exactly is a personal injury claim?

The legal definition for a claim is “a demand for money, property, or the enforcement of a right provided by law.” When you are involved in a collision or incident, you file a personal injury claim because you believe that you have a right to monetary compensation because of the liability, fault or responsibility of another person or party. This may be because the collision was another driver’s fault or because your insurance company is liable.

In a personal injury claim, the Plaintiff (also known as the injured party) seeks financial compensation from the Defendant (the party who may be liable). There is almost always an attempt to settle a claim outside of court to avoid the filing fees, costs and emotional stress with having to deal with litigation. If both parties cannot agree on liability or a fair amount of compensation, the case is then presented to a court to decide through a lawsuit. The process of using the court system is referred to as litigation.

The whole process officially begins when the Plaintiff sends a demand letter to the defendant or their insurance company. This letter demands a certain amount of money as compensation for the Plaintiff’s legal damages.

The Demand Letter

A demand letter lays out the significant issues arising from the claim in an effort either to resolve the case immediately or to present to the other side the arguments and potential legal damages against them.

Demand letters may include:

– The defendant’s claimed liability based on the facts, evidence and circumstances

– Bodily injuries the plaintiff suffered and may continue to suffer in the future

– Past, present and future medical treatments costs related to those injuries

– Lost income from time off work or loss of future earnings capacity because of the injuries

– Any other non-economic damages, like pain and suffering, loss of enjoyment of life, loss of consortium and loss of household services.

The insurance company will then evaluate the claim and decide whether or not they are willing to meet the demand. Most likely, the insurer will reply with a counteroffer. They may also make a determination that they will not pay any of the claim legal damages.

This is called a denied claim and they generally happen for the following reasons:

– The insurance company does not believe they are liable, either because the collision wasn’t their insured’s fault or because their policy doesn’t cover the incident.

– Lack of evidence to support the claims made in the demand

– Other reasons to believe that the injuries reported were not caused by the incident and instead occurred either before or after the collision.

If the insurance company won’t pay or won’t pay what the injured party thinks is fair and reasonable then the injured party and their attorney may move on to the next step in the process: Filing a Complaint for Personal Injury and Damages.

Filing a Complaint

Filing a complaint is formal process in which the plaintiff files a lawsuit through the court system in order to recoup their legal damages. This pleading will be served to the responsible Defendant(s) in order to place them on notice that they are now involved in the legal matter. These documents often list the parties involved, the Plaintiff’s legal claim to compensation, the facts and evidence to support the claim, and the amount of compensation being sought.

The Discovery Process

Discovery is the official evidence and information gathering portion of the case. During this phase, the Defendant(s) and the Plaintiff’s attorneys will seek as much information as possible to support or refute the claim. This is often done through speaking to witnesses, requesting medical records and bills, requesting wage documents, taking deposition of lay and expert witnesses and investigating the incident to prepare for a jury trial.

The parties involved in the incident are also asked to give their official version of events at this time. This is known as a deposition, which is a recorded statement obtained by an attorney for the party and the party attending as well.

Reaching a Settlement

A claim settlement is an official compromise between the opposing parties. Most often in the personal injury claim process, this is in the form of the Defendant and their insurance company agreeing to pay some amount of compensation to the injured party(s).

This commonly occurs before the case reaches a formal trial. In fact, more than ninety (90%) percent of all personal injury claims are settled before they reach a courtroom. This may be accomplished through back-and forth negotiations over the phone, in writing, during a formal mediation, or through arbitration. Once both sides agree, the agreement is made in writing and the case is resolved. Generally, the injured party will be required to sign a Release or Settlement Agreement with a formal dismissal of the court case as part of the overall settlement of the claim.

Going to Trial

For the other ten (10%) percent of cases in which a settlement is not reached, the case proceeds to trial. During a trial, the jury will hear from both sides before making a decision about liability and the amount of compensation that may be awarded.

Often, trials are avoided by both sides because of the uncertainty of the outcome and the time and resources required to go to trial. It is often easier for both sides to evaluate the case from the others perspective and reach a compromise.

Sapien Law LLC is the experienced and qualified personal injury law firm that you should call and make an appointment for a free case consultation. During the consultation, you and the attorney will discuss your collision, injuries, and possible legal options. Our attorneys will handle your case from start to finish and there is never a fee unless we settle your case. Please call our law firm at (505) 842-5979 today.

Every year many people are injured at work, in automotive crashes, while riding bikes or playing sports, trip and falls, and other traumatic incidents, and end up with a traumatic brain injury (TBI). This type of injury is typically caused by a jolt, blow, or hard bump to the head, or results from some other penetrating head injury that ends up impeding the normal functions of the brain.

Although traumatic brain injuries can be mild, such as a concussion, many people are affected with severe injuries that may include remaining unconscious for days at a time, significant memory loss, etc., or even become permanently disabled or die.

As a result, it’s important to do everything you can to stay safe in the workplace and at home, when out and about, driving, playing sports, and the like. If not, you could end up with a TBI that leads to debilitating effects that you and your loved ones need to deal with for the rest of your life.

Traumatic Brain Injury Statistics

According to data released by the Centers for Disease Control and Prevention (CDC), an estimated 1.7 million people sustain a traumatic brain injury each year, and more than 130 people die each day in the United States from injuries that include a TBI. The CDC estimates that TBIs are a contributing factor to approximately one-third of all injury-related deaths in the United States.

Of the acquired brain injuries that occur annually, TBI rates are higher for males than females. The highest rates of TBI-related emergency department visits, hospitalizations, and deaths, combined, occur in males aged between zero and 4 years old; while the highest rates of TBI-related hospitalization and death occur in adults aged 75 years and over. Older adolescents, those aged between 15 and 19 years of age, are also highly likely to sustain a traumatic brain injury.

When it comes to the causes of TBIs, the leading factor is falls, estimated as occurring more than 30 percent of the time. Other common causes are motor vehicle injuries, being struck by or against something, and assault. It is estimated that the direct and indirect costs of traumatic brain injuries to the United States including medical expenses, lost productivity, and other costs totals more than $60 billion per year.

Serious Effects of Traumatic Brain Injuries

There are numerous serious effects that can stem from an acquired brain injury. Personality changes are one of the most commonly seen issues that arise. For example, TBI sufferers can become very agitated and restless, pacing a lot and/or pulling at tubes and other medical devices attached to them to aid their recovery.

Extreme mood swings, bouts of aggression, and explosive, violently-angry reactions (often to things that to most people would just be a minor irritation) can become the norm over the long term too. The frontal lobes of the brain, which control frustration tolerance and emotional behavior, often get damaged during a traumatic brain injury and can cause these changes.

People with a TBI are often seen to display impulsive behavior and a lack of inhibition. This is again due to damage caused to the frontal lobes. People affected in this way can become socially inappropriate, touching others when or where they shouldn’t, lacking tact, and so on. They also often fail to consider the consequences of their actions.

Many people who have had a TBI notice changes to their sex drive. This can be either increased or decreased, and is due to the physical damage caused to the hypothalamus in the brain. The hypothalamus is the nerve center that affects testosterone release and sexuality.

When changes occur in this part of your brain, people can end up with a dramatically increased sexual urge, and become promiscuous as a result. They can tend to misinterpret innocent behavior from others as flirting when it isn’t, too. Conversely, other TBI sufferers can find their libido seriously reduced after a head injury. As such, they can find it challenging or impossible to orgasm, and can have issues with sexual function.

Deep depression is another serious issue that affects many people. This usually occurs during the later stages of a person’s rehabilitation, as this tends to be the time when sufferers have come to understand the extent of their situation and the changes the TBI has meant to their life.

Legal Options

If you or a loved one suffer from a TBI, you may want to consider whether you have a legal case if the negligence or carelessness by an individual or a company caused the injury. A lawsuit tends to be the only legal means that you have available to you to hold someone accountable for what they may have done, and it can provide you with compensation to cover lost income and to help cover the long-term care needs that a brain-injured person can have. These include modifications to the home, special therapies, and attendant care.

If you’re thinking of taking legal action, we urge you to call Sapien Law LLC today at (505) 842-5979.

Whenever an intoxicated person gets behind the wheel of a motor vehicle, he or she puts everybody else on or near the roadway at risk. A drunk driver is much more likely to be in a collision and often those collisions result in significant injuries and death to passengers, other motorists and pedestrians.

Our law firm has seen first-hand how drunk drivers impact the lives of their victims and their victims’ families including the passengers in the drivers’ own vehicle.

Even if the criminal court system prosecutes drunk drivers to the fullest extent of the law, criminal convictions will not fully compensate victims who were injured as a result of such a conscious disregard of others. That fact is especially disheartening if the victim was injured as a passenger. Another driver might be able to avoid or otherwise diminish the force of an impact with a drunk driver. A passenger can’t do anything except duck and cover if that’s at all possible.

Proving the negligence of a drunk driver

Negligence per se can occur when a person is guilty of a violation of law that’s meant to protect the general public, and protection of the general public is exactly what drunk driving laws are all about. In New Mexico, you would need to prove the following three elements:

– The defendant violated a statute or ordinance

– That violation was the proximate cause of the claimant’s injury or death

– The statute or ordinance was designed to protect the public from that kind of occurrence

When a drunk driver’s violation of a statute or ordinance proximately causes injuries to a person, negligence per se can be established.

Although compensation for injuries suffered by the victim of a drunk driver isn’t within the purview of the criminal courts, civil courts allow victims to seek compensation and legal damages award against drunk drivers. Those damages might consist of:

– Past, present and future medical bills

– Past, present and future loss of earnings and loss of future earnings capacity

– Any permanent disfigurement

– Any permanent or temporary disability

– Past, present and future Pain and suffering

– Loss of enjoyment of life (also known as hedonic damages)

– Funeral and burial costs in the event of a wrongful death

Punitive damages awarded to passengers of drunk drivers

The victim might also be allowed to seek punitive damages from the intoxicated driver who caused the crash. It’s well established law in New Mexico that an injured person is allowed to seek punitive damages from a drunk driver as a result of the drunk driver’s conscious disregard for the safety of others. The purpose of those punitive damages is to deter others from driving under the influence. Most Insurance companies don’t pay punitive damages awards under a standard auto liability policy. The passenger would need to collect those damages directly from the drunk driver or through their own Uninsured/Uninsured Motorist (UM/UIM) coverage. It is recommended that you purchase at least $250,000/$500,000 in liability coverage through your auto insurer and also purchase the equal amount in UM/UIM coverage. Higher limits of coverage as also available so discuss this with your insurance agent or broker. It is especially important to purchase a large amount of UM/UIM coverage in New Mexico to cover your risk of the large uninsured or underinsured drivers.

The burden of proof against a drunk driver

In a criminal case, the prosecution has the burden of proving its case beyond a reasonable doubt. Civil cases have a lower burden of proof. A claimant need only prove negligence by a preponderance of the evidence. That lesser burden of proof means that the claimant’s version of the facts was more likely true than not true.

The possible case against the passenger’s drunk driver

If you are a passenger in a motor vehicle, it is highly likely that the driver is a family member or friend. Most people are apprehensive about filing a claim or lawsuit against a family member or friend, but if you were a passenger who was severely injured, the insurance policy of your driver might be considered for purposes of helping to cover damages. This is even more critical if the drunk driver was uninsured or underinsured. The passenger might even have a right of recovery under his or her own auto insurance. In addition, if the driver was also impaired then you would have a liability claim as a passenger against the driver of the vehicle in which you were a passenger.

No comparative negligence

Rarely does a passenger in a motor vehicle crash suffer injuries through his or her own fault. The law recognizes this reality. That places a passenger in a favorable legal position.

Evidence

Preserve and protect the evidence and your rights. Take photos of the scene and video, if possible. If you were a passenger in a motor vehicle, and you were injured as a result of the carelessness and negligence of a drunk or even a sober driver, contact Sapien Law LLC. We are an experienced personal injury law firm. Our consultations are free consultation and we will provide a case evaluation and protect your legal rights to compensation. Please do not hesitate to contact Sapien Law LLC at (505) 842-5979.

Premises Liability

Slip and Fall Injuries

Slip and fall incidents are one of the leading causes of injury nationwide. According to the National Floor Safety Institute, slip and falls are responsible for the most visits to the emergency room nationwide. It is statistically likely that you will experience a slip and fall at least once in your life. Consequently, what should you do if you are injured in a slip and fall?

The following steps should be taken immediately after a slip and fall:

1. Seek Medical Attention.

Your health should always be a top concern after any slip and fall injury. In addition to recovering from injuries timely, seeking medical attention as soon as possible will help to prove that your injuries were as serious as you claim. Some injuries are not immediately apparent and can take weeks to discover, getting checked at a hospital will allow you to discover these injuries sooner than later. It is recommended that you avoid making any comments to the medical provider that could be documented in your medical records as an omission of fault or responsibility for the incident. Make sure to keep track of all medical documents and expenses, as these will later provide the required evidence for your claim.

2. File some type of report immediately.

Try to file an accident report with the police if possible. If you cannot file a report with the police, file a report with the landlord or store owner or other legal entity before you leave, unless of course you require emergency medical attention. Your report should have eyewitness accounts including their contact information as well as your own personal account as to what happened. Never sign any form that the landlord, manager, or store owner gives you as these documents may waive or release from your right to pursue legal action.

3. Photos of the area where the slip and fall occurred

The more documentation you have of the scene, the better which can include photos and video. It is especially important to take photos or video as soon as you can while the scene is still fresh and immediately after the fall. It is likely that the mess will cleaned, repairs made, and people’s memories fade, which can make gathering evidence later on very difficult. Take photos or video of the exact place where you fell including the things that may have caused you to fall, and the surrounding area. If your phone is dead or doesn’t have a photo or video camera, ask someone at the scene to take pictures and to send them to you.

4. Contact an experienced premises liability attorney.

Premises liability lawyers are trained to handle slip and fall cases and have the legal knowledge and expertise to ensure that you obtain the legal compensation you are entitled to under the applicable law. A premises liability lawyer can prove that the condition that the owner or responsible party knew or should have known about the dangerous condition that led to your injury. It is possible that an owner may be liable for your legal damages because of lack of warning, or lack of action to fix the condition after being on notice of the dangerous condition.

Sapien Law LLC is ready to assist you with your slip and fall injury case. Our consultations with are free and will help us evaluate the merits of your case. Contact our law firm at (505) 842-5979 and complete a brief telephonic intake and schedule a consultation to explore your legal options.

If you have been injured in an auto accident while on-the-job, you may be eligible for New Mexico Workers’ Compensation benefits as well as being able to recover compensation from the at-fault driver or other at-fault party. This means that you can start receiving medical and lost time or indemnity benefits very quickly, without giving up the right to full compensation in the third party liability claim. Your legal situation is more complicated than a regular auto accident, and you need the help of an experienced personal injury attorney to protect all of your legal rights and make sure you receive every penny you are entitled to.

Workers’ Compensation Benefits:

If you are eligible for Workers’ Compensation, you should file a claim immediately with your Employer and their worker’s compensation insurance company. Most employees are covered by Workers’ Compensation insurance. In New Mexico, you do not need to prove fault to receive your Workers’ Compensation benefits, but you will need to prove that your accident occurred in the course and scope of your employment.

Some common examples of the type of travel covered by Workers’ Compensation include:

– Running errands for your employer

– Making deliveries, even if that is not your primary role as an employee

– Attending meetings

– Attending social events that are required by your employer

– Out-of-town business travel

Your commute to and from work is usually not covered, but there are exceptions. If you were running an errand for your employer on your way to or from work, you may be covered. If you were on-call and got into an accident after being called in, you may be covered. There are other special circumstances that may apply to your situation. Our law firm can determine if Workers’ Compensation applies in your unique situation.

Auto Collision Lawsuit:

Workers’ Compensation benefits are generally limited to medical benefits and lost time or indemnity benefits. Your basic medical care is covered and you can receive partial replacement for your lost income. If someone else was to blame for your accident, you can receive full compensation, including pain and suffering, through a personal injury lawsuit. This is typically against the at-fault driver’s insurance company, but could also be against an automaker responsible for a defective vehicle accident or a claim against a government entity responsible for failure to provide roadway maintenance.

If you pursue a personal injury claim, you still receive your Workers’ Compensation benefits in the meantime. If you receive compensation through a personal injury settlement or verdict, the Workers’ Compensation insurance company will have a statutory Right of Reimbursement claim and will be entitled to a portion of what it paid in medical and indemnity benefits from the monetary compensation if you settle your case or obtain a favorable verdic

Our law farm personal injury attorneys may negotiate with the Workers’ Compensation insurance to minimize their Right of Reimbursement claim.

If you have been injured in car collision on the job, you can learn more about your rights and how you can recover damages for your losses by contacting Sapien Law LLC.

If you’ve been in a collision and have sustained serious injuries your case will likely proceed to litigation. Litigation will require that you provide a deposition so that your personal testimony is preserved to ensure a successful outcome. Having your deposition taken by a defense attorney can be an intimidating process, but it’s important to know that your honest account of what happened is crucial for a claim and helps protect you.

Think of a deposition as something like being examined in court on a witness stand. Only, there is no courtroom, no judge and no jury present. During a deposition, you are presenting evidence through your sworn testimony by answering questions that are asked by an attorney or team of attorneys.

Whether or not your case is settled before the actual trial, your deposition testimony serves a legal purpose that can help to protect you, your economic situation and your future.

The attorneys at Sapien Law LLC will assist you with preparing for a deposition.

What Happens Before the Deposition?

To make the deposition go smoothly, your attorney will thoroughly explain what to expect and help you feel confident going in. Defense attorneys asking you questions may seem intimidating, but providing incorrect/false information may be construed as lying under oath which will ultimately negatively affect your credibility as the case proceeds toward a trial. Therefore, it’s best practice to be prepared for any potential questions you may be asked.

There will be times when you simply do not remember the answer to the question being asked. If this is the case, you may respond with, “I do not recall.” Discussing the deposition with your attorney can help prepare you and your responses for these types of questions. You may also need to review documents that may be introduced at your deposition.

What Happens During a Deposition?

Depositions can be long, grueling and stressful. Attorneys from both sides of a claim will meet with a witness to get a first-hand account of what happened during the collision or incident, as well as the state of the witness before and after the incident. Your deposition will require you to know certain details, such as medical history and the facts of the collision. Your testimony will require honest answers, since each witness swears under oath to tell the truth. All answers are recorded by a court stenographer and deposition proceedings may also be videotaped.

Both your legal team and the opposing defense counsel will be present during the deposition. It is always recommended that you have retained counsel if your case is in litigation. You should always have your lawyer with you when you are a witness in a deposition.

Depositions may last several hours. In New Mexico your deposition may last for seven (7) at most. The best way to get ready for your deposition is by being prepared for typical questions that may be asked, to answer in calm and measured responses and to answer honestly and to the best of your ability.

Avoid fatigue and the probability of saying something inaccurate during the deposition by getting adequate rest the night before the deposition. You will also have the option to take breaks for water or to walk around during the deposition as you need them. You will be able to consult with your attorney during the break times.

What Happens After the Deposition?

It may take several weeks after the deposition for the transcription process to be completed. After which time, your attorney will receive a full copy of the deposition. In New Mexico you have the option to “read and sign” your deposition to ensure that the testimony was accurately recorded by the court reporter. If you notice any mistakes regarding your testimony or believe you have been misquoted, you should contact your attorney right away. The same holds true should you remember/realize you misstated something. You will have the right to correct the transcript, however, any corrections in your testimony may be subject to cross examination by defense counsel at a trial.

Your deposition, as well as any other documents that are relevant to your case, may be used to settle your case and will also be used in court if your case goes to trial.

Deposition Tips

Follow these tips to ensure your deposition is as positive of an experience as possible:

– Dress appropriately and professionally

– Speak clearly to ensure a correct oral record

– Always tell the truth

– Make sure you understand the question

– Ask for clarification if you do not understand the question. Do not answer a question that confuses you. Ask for further clarification so you are completely confident in your answer.

– Take all the time you need to think before you answer

– Tell only what you are asked

– Be consistent with your answers. The best way to be consistent is to be honest. Be aware that you may be asked several variations of the same question multiple times. If you give inconsistent answers, that inconsistency could impact your credibility.

– If you do not know the answer, say so. If you do not recall something or do not know the answer to something, state so plainly. Your deposition is not a test. Never guess or speculate. If you are ever uneasy or unsure about something throughout all parts of the deposition process, speak with your attorney. Your attorney’s responsibilities to you are to guide you through all parts of the litigation process and act as your advocate during any deposition.

– Prepare carefully; In preparation for your deposition, your attorney will discuss areas of concern and suggest ways to handle the questions in that area. Second, you should concentrate and exercise care throughout the deposition. A deposition is frequently much more fatiguing than first-time participants anticipate. If you sense that you are losing your concentration or fatiguing, if you have to go to the bathroom or are thirsty or are confused or uncomfortable, or for any number of reasons you can request a brief break to attend to your comfort and to regain your concentration.

– Control what you can: While much of what will happen to you in a deposition is beyond your control, you can control the most important parts of your behavior. First, your attitude going into the deposition is most important. You should be relaxed and confident.

– Be Patient, Be Polite and Control Your Emotions

– Always Read the Document Carefully before you answer any questions

– Complete your answer and make sure to correct it if you need to

– The Only Fear You Have Is Fear Itself: You need to remember that the deposition process will be unfamiliar territory. You are not a professional witness and this may be your first deposition. Nonetheless, if you have prepared yourself carefully, if you keep these rules in mind and keep your head throughout the deposition and always remember the cardinal rules, to listen to the question carefully, think it through clearly and answer briefly and truly, you will do just fine.

Remember that you have the upper hand in the deposition. The defense attorney asking the question only knows the questions. The defense attorney may think they know the answers, but you are the only one that truly knows the answer. As long as you can control your emotions and follow these simple guidelines, you will do fine at your deposition. If you tell the truth and stand up for what you believe in, you will be the master of your fate in this difficult situation.

Good luck.