9 Things to Keep in Mind During Your Personal Injury Case 

The way you handle your personal injuries matters. We want you to receive the most compensation possible to ensure you receive the proper medical and to get you back on your feet. We understand the inconvenience that comes with being injured. You have plenty to take care of and an injury will most likely get in the way. By receiving the compensation you deserve, we can ensure that you and your injuries are being tended to accordingly. So how exactly can you be awarded the best settlement? We look at ten methods to use in your personal injury case. 

Never Wait to File a Case 

As soon as you are injured, it is best that you file the incident as soon as possible. Additionally, there are time limits when it comes to reporting these accidents. The earlier that you bring awareness to the accident, the more likely it is that a judge will be able to give you immediate and fair compensation. 

Have a Number in Mind Ahead of Time 

Most of the time, a judge will ask you the amount of compensation you will need to tend to the damages. This figure is for your own information, not just something you would reveal for the sake of your case. Before offers and counter-offers begin, it can help to have a set number to initiate the process. 

Never Settle for the First Offer 

In addition to our second tip, you should never settle for the first offer with which you’re provided. It’s standard policy for insurance adjusters to begin negotiating by offering a low amount. This is a tactic by the adjuster to see what you think your case is worth. It is also important to react carefully to the numbers. Be reasonable, but also stand your ground with your argument. 

Explain Why The Offer is Inadequate 

When you do decline the first offer or an offer that still seems too low to you, you have to give a valid reason behind your reasoning. For example, you could mention that the necessary downtime will be months-long, therefore you will need medical care for that entire time. This can also show that you won’t stop negating until you get the compensation you deserve. 

Gather All Evidence Possible

Some of the best sources of evidence consist of medical documents, such as medical plans, costs, treatment, and many others. The jury bases plenty of their decision on medical records and other forms of evidence. The more evidence you bring to the judges and the jury, the more that the result will be in your favor. 

Emphasize on Emotional Points 

The way that these damages impact your life beyond the physical effects can convince the court to give you a much bigger settlement than what they might have been starting out with. When negotiating, try to bring up as many emotional points as possible. For example, you could mention how your injuries affect your family and your ability to look after your children. These factors can be very powerful in determining a final settlement. 

Don’t Be Too Eager for a Response 

You never want to rush the process. The more that you anticipate receiving a settlement, the less likely it is that the judges will offer a settlement that works for you. You have to provide the judges with enough time for them to come to a high settlement. Also, you should always follow the timeline of the case. 

Stay Off Social Media 

If you’re active on social media, it might give the impression that you do not need medical care, thus, you won’t need as much compensation. If you’re in pain, you need to show it. Social media can tell a whole different story, and yes, the court will go through your social media, especially if it’s public. 

Make a Good Impression 

Lastly and most importantly, you want to make the best impression possible. This not only involves showing that you deserve the requested compensation but this also means showing you take your case seriously. When you take the matters into high consideration, so will the judges. 

Choose The Law Office of W. Shane Jennings to Get Started on Your Case, Today 

The Law Office of W. Shane Jennings is one of the few in Hobbs, New Mexico, that specializes in personal injury. With that being said, we’re your best choice. Contact us today to learn more about how we can help you with your personal injury. 

Some of the locations personal injury lawyer W. Shane Jennings serves includes Las Cruces, NM,  Hobbs, NM, Alamagordo, Cloudcroft, Anthony, Deming, Lordsburg, and Llano, TX, and more

three glass soda bottles on a restaurant table

Filing a Personal Injury Lawsuit in New Mexico: What You Need to Know

Personal injury cases have been a mainstay in the legal field since its inception. Throughout history, there have been plenty of landmark cases that paved the way to where personal injury law is today. An early case was that of Escola vs. Coca Cola.

In early 1944, waitress Gladys Escola was working in a restaurant in California, putting glass bottles of Coca-Cola away when one of them exploded spontaneously. Back in the 40s, almost every soda was bottled in those thick, “classic” glass bottles. Plastic bottles wouldn’t become the norm until 30 years later. So, when this particular glass bottle of Coca-Cola exploded, Escola suffered a particularly gruesome five-inch cut, which severed blood vessels, nerves, and muscles of her thumb and the palm of her hand. Needless to say, Escola sued Coca-Cola and won.

Personal Injury Law in New Mexico: Protecting the Rights of the Individual

Going up against one of the world’s most recognizable brands may seem daunting, if not downright impossible, but Escola and her litigator Melvin Belli stood up against Coca-Cola and won in what now is known as the landmark personal injury and product liability case of Escola vs. Coca-Cola.

Not every single personal injury case will become a landmark in the realm of litigation but that doesn’t mean you shouldn’t defend your rights. If you’re in the state of New Mexico and you’ve suffered through a personal injury, then you should contact attorney W. Shane Jennings. Personal injury laws and rules differ from state to state. For this reason, we’ve outlined what you need to know about personal injury law in the state of New Mexico.

Personal Injury Cases Have a Three Year Statute of Limitations in New Mexico

Personal injury cases in New Mexico have a statute of limitations of three years. This means you must file your court case up to three years after the accident took place. If you fail to file within those three years, you may be unable to file at all. Three years may seem like a long time but before you know it, the statute of limitations will be up and you won’t be able to receive compensation for your injuries. So, as soon as you receive a personal injury, gather all the necessary information and contact your personal injury lawyer. The sooner your lawyer can get to work on your case, the better.

Explaining Comparative Negligence

There is a specific subset of personal injury cases in which both parties (that is, the injured person and the negligent party) can be held responsible for the accident or injury. In the state of New Mexico, a rule known as “comparative negligence” is used in these particular types of cases. Since the injured person played a role in the accident, the damages are reduced.

This isn’t to say that the injured person won’t win any damages, it only means the damages won’t be as grand as they would be if the injured person doesn’t fall under the comparative negligence rule. This is important to point out since many individuals decide not to file a personal injury case because they think they were at fault for the accident. If you find yourself in this situation, then it’s necessary to speak with a personal injury lawyer who can provide guidance.

Contact Your Personal Injury Lawyer, Today

If you’re in Southern New Mexico and you’ve suffered through a personal injury, then contact the Law Office of W. Shane Jennings. We provide legal aid to people in Las Cruces, Alamogordo, Cloudcroft, Anthony, Deming, and Lordsburg. Our phone lines are open 24 hours a day, seven days a week so you don’t have to wait before speaking with a reputable personal injury lawyer. Schedule a free consultation today to see where your case can go from here. Our goal is to win you the damages you deserve so you can recover from your personal injury in peace. We’re ready for your call.

personal injury lawyer shaking hands with a client

Meeting Your Personal Injury Lawyer for the First Time: How to Prepare

Personal injuries almost always stop you in your tracks. Your whole life comes to a screeching halt because now you have to focus on getting better. Like most accidents, personal injuries are sudden and unexpected but there’s one key detail that differentiates them from the rest: when it comes to personal injuries, someone is almost always at fault.

Whether it be a distracted driver, a poorly built staircase, or an unsafe supermarket, a person or entity will be to blame for the injuries you’ve sustained. Unfortunately, it may be difficult for you to go up against a store chain, for instance, while you’re recovering from your injuries in the hospital. This is where your personal injury lawyer comes into play. Before you meet with your lawyer, it’s in your best interest to prepare accordingly. Below, we will outline a few key steps you should take in order to make sure your case succeeds.

Understanding Personal Injury

Personal injury is synonymous with the term “negligence.” These injuries occur solely because of the negligence of an individual or entity. The following age-old example of a personal injury (which occurs far more often than most business owners care to admit) is the missing “wet floor” sign. After a supermarket employee mops away a spill in aisle 10, she’s supposed to place a “wet floor” sign until the floor dries. Forgetting to do so can cause an individual to slip and fall. This accident may lead to a variety of injuries, from sprains to broken bones. All of this trouble simply because someone forgot to put up a warning sign. This is a simple example of negligence and it occurs all around us, at all times. When negligence leads to an injury, legal action must be taken.

What You Need to Know

When it comes to any legal recourse, it’s always best to contact your lawyer as soon as possible. W. Shane Jennings offers free initial consultations so you can reach out to his office as soon as your injury occurred. He will let you know about all the pertinent information you should have before meeting with him. The goal of a personal injury lawyer is to win damages (monetary compensation awarded after loss or injury) so you can recover in peace without worrying about mounting medical bills or missing wages.

By following these steps, your personal injury case will go as smoothly as possible.

  • Don’t say or sign anything regarding your injury. Avoid speaking to an insurance company or signing anything relating to financial compensation. The first step is to speak to an attorney. Speaking or signing anything else can cause issues in your case.
  • Get medical attention. Have a doctor diagnose your injury/injuries as soon as possible. Give this information to your personal injury lawyer, as well. He will present this information to the insurance company. Don’t wait around for medical attention as this may do more harm than good to your case.
  • Collect all the paperwork that will be necessary in your personal injury case. Gather police reports, medical records, and worker’s compensation forms.

Leave It In the Hands of Your Personal Injury Lawyer

From here on out, it will be your personal injury lawyer’s job to speak with the insurance companies and the negligent party. You will be able to recover in peace while your lawyer works to get you the damages you deserve.

If you or a loved one are suffering from personal injuries, give W. Shane Jennings a call as soon as possible! We’re proud to provide excellent personal injury assistance to individuals in Southern New Mexico.