text or call for a Free Consultation
Bodily injury claims are a common outcome of car accidents, slips and falls, or other incidents where someone gets hurt due to another party’s negligence. If you’re on either side of this kind of legal action, you need to understand what’s involved and how the process plays out.
At Shapiro Law Team, we’ve worked through a variety of bodily injury claims. Our guide breaks down exactly what happens when someone files a bodily injury claim, from the moment of injury to settlement or litigation.
We’ll walk you through types of damages, insurance responsibilities, deadlines in New Mexico, and how an attorney can help protect your rights and financial future.
Call Now Request a Free Consultation
A bodily injury claim is a legal action that seeks compensation for harm to a person’s body, as opposed to damage to property. These claims typically follow an incident where one party is believed to be at fault for someone else’s physical injuries.
Some of the most common incidents that lead to bodily injury claims include:
In these situations, the injured party (called the “claimant”) may seek damages from the responsible party’s insurance provider. Bodily injury claims often rely on evidence that the other party was negligent or acted recklessly.
When someone files a bodily injury claim, they are seeking compensation for the harm they’ve suffered, both physical and emotional. These damages typically fall into two main categories: economic and non-economic, each reflecting a different aspect of how the injury has affected the person’s life.
Economic damages refer to the measurable financial losses caused by the injury. This includes medical expenses like emergency care, surgery, rehabilitation, and prescription medications.
It also covers lost wages from time off work and potential future income loss if the injury results in long-term disability. These damages are supported by documentation such as bills, pay stubs, and treatment records.
Non-economic damages address the physical and emotional toll that can’t be calculated with receipts. Common examples include chronic pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
In cases of wrongful death, surviving family members may also pursue compensation for loss of companionship.
Call Now Request a Free Consultation
Bodily injury claims are typically paid through liability insurance policies. For example, in a car accident, the at-fault driver’s auto insurance would cover the injured party’s losses up to the policy limits.
Common types of insurance coverage that may apply include:
If the at-fault party lacks sufficient coverage or is uninsured, the injured person may have to pursue compensation through their own uninsured/underinsured motorist (UM/UIM) coverage or file a civil lawsuit.
The process of filing a bodily injury claim typically begins shortly after the incident that caused the injury. Whether it’s a car accident or another type of personal injury incident, here’s what generally happens:
The injured party should always seek prompt medical attention. Medical records serve as the foundation for any future claim by establishing the extent of the injury and the treatment required.
Next, the injured person (or their attorney) notifies the at-fault party’s insurance company of the intent to file a claim. This initiates the formal claims process.
The insurance company opens an investigation. This may include reviewing the accident or incident report, collecting medical records, speaking with witnesses, inspecting photos or video evidence, and determining liability.
If the insurer finds that their policyholder is at fault, they may agree to negotiate a settlement.
The claimant or their attorney sends a formal demand letter detailing:
Once the insurer reviews the demand, it’s time to begin negotiating the claim payout. Depending on the circumstances, the insurance company may:
This back-and-forth negotiation process can take weeks or months, depending on the complexity of the case.
If a fair settlement can’t be reached, the injured party may choose to file a personal injury lawsuit in civil court. This escalates the claim to legal proceedings, where both sides present evidence and arguments before a judge or jury.
Call Now Request a Free Consultation
Most bodily injury cases are resolved through pre-trial settlements. However, if a trial is necessary, a court will determine fault and award damages. Trials take longer and can be unpredictable, which is why many parties prefer to settle.
In New Mexico, the statute of limitations for filing a bodily injury lawsuit is typically three years from the date of the injury. This legal deadline is strict. If a lawsuit isn’t filed within this period, the injured person may permanently lose the right to recover damages.
However, there are exceptions to this deadline, including:
Acting quickly ensures that evidence is preserved and witness memories remain fresh. If you’re unsure about your timeline, it’s best to speak with an attorney as soon as possible.
Hiring an attorney can significantly impact the outcome of a bodily injury claim. Insurance companies are well-versed in minimizing payouts, and without legal guidance, injured individuals may settle for far less than they deserve.
At Shapiro Law Team, we’re here to help you earn the compensation you rightfully deserve. We’ll handle the entire process from start to finish, including:
Legal representation also relieves the stress of dealing with the legal system while you focus on recovery. At Shapiro Law Team, we have a proven track record in handling complex personal injury and bodily injury claims throughout New Mexico.
Call Now Request a Free Consultation
A bodily injury claim is a legal request for compensation after someone suffers physical harm due to another party’s negligence or wrongdoing. Compensation can include both medical costs and non-economic losses like pain and suffering.
Serious bodily injury usually refers to harm that results in:
If someone files a bodily injury claim against you and you’re found liable, your insurance typically pays out up to the policy’s limits. However, if damages exceed coverage, you may be responsible for the remainder.
Whether you’re pursuing compensation for a car accident or wrongful death, having experienced legal representation can help ensure a positive outcome. These claims can affect your finances, health, and future, so don’t leave the outcome to chance or rely solely on what an insurance company tells you.
At the Shapiro Law Team, we help clients throughout New Mexico navigate the personal injury process with confidence. Our team offers personalized legal guidance, confident negotiations, and trial-ready representation if your case goes to court. We work on a contingency fee basis, meaning you don’t pay us a thing unless we win your case.
If you or a loved one has been injured in an accident or if you’ve received notice of a claim against you, reach out today. We offer free consultations and are ready to fight for your rights.