Compassionate Counsel For Personal Injury Cases
Accidents and mistakes happen. However, sometimes they result in injuries and death, and you might need to file a lawsuit.
Personal injury claims, including medical malpractice, wrongful death and birth injury cases are impacted by the law. If there was an injury or death caused by someone else’s negligence in the Placitas or Albuquerque areas or anywhere in New Mexico, The Law Office of Amalia S. Lucero, L.L.C., can help.
Attorney Amalia Skogen-Lucero will ensure you meet all your legal obligations. She focuses her legal counsel on personal injury claims, and that emphasis can make a difference in your case. She litigates extremely complex cases and collects all relevant evidence, including expert witness testimonies and scientific data. She will aggressively work to protect your rights.
Medical Malpractice Lawsuits
Laws impact medical malpractice claims. They include:
- Damage limits. Plaintiffs who are successful in their cases can collect for noneconomic damages and some economic damages, which can include future medical bills. The limit for economic damages dependent on whether the physician or hospital a qualified health care provider under the Medical Malpractice Act is $600,000 plus the cost of future medical bills. If the tortfeasor is a state entity such as UNMH, the limit on damages falls under a different cap.
- Expert witnesses. Testimony from medical experts is required in almost all medical malpractice cases. It must be included to prove medical providers did not meet acceptable standards. These witness restrictions do not apply in medical malpractice cases.
- Statute of limitations. If you were injured due to medical malpractice, depending on whether the physician or hospital is a qualified heath care provider or a state entity, you typically have either two years or three years from the date of injury to file a suit. Parents of children who were under six years old when their child’s injury happened have until their child’s ninth birthday to file suit against state entities. There are also notice provisions and administrative proceedings that may apply therefore it is important that you speak immediately with a lawyer to determine the actual statute of limitations that applies to your individual claims.
Wrongful Death Claims
The death of a loved one is emotionally devastating, even more so if it occurs unexpectedly and as a result of someone’s negligent or willful action. A loved one’s death also can present financial challenges due to medical costs, funeral costs and, most significantly, the loss of household income. A wrongful death lawsuit allows family members to recover monetary damages to cover costs and the loss of income. In some cases, it is possible to recover compensation for emotional pain and suffering, loss of companionship and punitive damages.
In New Mexico, a wrongful death lawsuit must be filed by the personal representative of the decedent’s estate. This is often a spouse, child or another family member who is named in the deceased person’s will as the personal representative. Cases must be filed within three years of the death, but sometimes there are factors that can cause the start of the clock to be delayed or for the clock to be shortened to two years.
You Deserve Compassionate Counsel And Justice
If you were injured or someone you love was injured or died, you are going through emotional times. We can work patiently and compassionately with you to ensure you get the justice you deserve. Call The Law Office of Amalia S. Lucero at 505-259-8702 or email our office.