Personal Injury FAQs
Answers from Our Roswell Personal Injury Lawyer
Immediately following an injury, there is a good chance that you have questions. What should be your next step? How can you pursue deserved compensation? Can you do it alone or should you retain an attorney's help? Can you afford a lawyer right now? All of these questions have answers, and our team at Crow Law Firm is here to help you face the future armed with the information you need to navigate your choices with confidence.
Can I sue my doctor for releasing my records to my employer?
You may be able to file a lawsuit depending on your company’s health plan which may contain provisions which allow the employer to review medical records covered by the plan. Releasing such sensitive information could be a violation of the HIPAA privacy rule which requires appropriate safeguards to protect the privacy of such information and limits who can disclose the information. Speak with a Roswell personal injury attorney to learn if your particular case is a violation of HIPPA privacy rules.
Am I eligible for a malpractice suit?
If a doctor-patient relationship existed between you and a physician and you suffered severe, permanent, and disabling injuries as a direct result of their negligence, you may have a claim. In Florida, parents can even sue on behalf of their injured child if they are 25 years old or younger. You must also be within the two-year statue of limitations to file your claim. You will need to be able to demonstrate the physician displayed negligent behavior, and was the immediate cause of foreseeable harm.
Am I in line to receive compensation for my injury?
Every single case is different. There is simply no broad answer to this question. You must speak with an attorney to understand the nuances of your individual situation—but don't worry. Initial case evaluations with our New Mexico personal injury attorney are absolutely free, so there is no risk in pursuing the advice you need to make the right decision.
To which types of compensation am I entitled?
Again, this depends on the circumstances of your case. Potentially, you could receive compensation for losses such as:
- Property damage
- Medical costs — both for past bills and projected treatments
- Permanent disability / disfigurement
- Missed wages
- Future loss of earning capacity
- Mental anguish
- Pain and suffering
- Punitive damages
Wrongful death claims involve different types of compensation, including loss of companionship, loss of protection, funeral expenses, and so on.
What are punitive damages?
Punitive damages—also referred to sometimes as "exemplary damages"—go beyond compensation and serve as a form of punishment for the defendant responsible for your injury. These may be awarded in some situations.
How long do I have to file a claim?
Statutes of limitations laws prevent individuals from filing injury claims a certain number of years after the accident occurred or the injury / illness was discovered. In the state of New Mexico, the civil statutes of limitations are found under Chapter 37, Article 1 of the New Mexico Statutes of Limitations. For personal injury, wrongful death, medical malpractice, and product liability claims, the statute of limitations vary and should be discussed with your attorney.
I don't think I have the money to afford a lawyer right now. What should I do?
Many people find themselves facing expensive medical bills after an injury, which can create especially serious financial problems when coupled with missed paychecks from time taken off because of that injury. This shouldn't stop you from speaking with our lawyers at Crow Law Firm. We do not charge you unless your case is successful. Learn about our contingency fee policy.