FAQs

Will Ferguson & Associates

Have a law-related question? We have the answer. Check out these FAQs and give us a call today for more information!


  • What is pure comparative negligence?

    Pure comparative negligence is the law used to compare negligence between parties involved in an accident. When one party decides to sue the other party for damages, they can only receive damages for the amount of negligence the other party is assigned.

    For instance, if you're injured in a car accident and the other party was only 80% responsible for your injuries, then you can still sue them for damages, but you'll only receive that 80% of the compensation. If you've been injured in an accident, we're the personal injury lawyers Albuquerque, NM counts on.

  • How do I calculate my economic damages?

    To calculate your economic losses, you will add up all the financial expenses this accident has caused you. This can include future financial losses, such as future lost income or medical care expenses. Don't forget to add the costs of rehabilitation, mental health treatment, and caregiving services, if applicable. If you need help to determine how to calculate your damages, reach out to the car accident attorneys Albuquerque, NM relies on.
  • What's the deadline for filing an injury claim in New Mexico?

    The deadline for submitting your claim is three years from the date of your injury, in our experience. This time frame is known as the statute of limitations. When you don't file your case within the designated time limit, you can be barred from submitting a claim at all. To submit a claim with our car accident attorneys in Albuquerque, NM, reach out to us today.
  • How long does it take to receive a settlement check?

    There's no definitive answer to this, but a rough estimate is between a few months and a year. In some instances, your claim may stretch longer than a year, especially if you're still dealing with injuries and medical treatment caused by the accident, or if your case goes to trial. According to Fair Settlement, 95% of personal injury cases are settled before they reach trial. If you're looking for a settlement, one of our personal injury lawyers in Albuquerque, NM can offer support.
  • Will I have to go to court?

    In most cases, you will not have to go to court to receive fair payment for a personal injury. Your lawyer can often negotiate fair compensation from the at-fault party or their insurance company. If the other side won't play fair, it may become necessary to take your case into the courtroom. Your lawyer will make sure you're prepared. At Will Ferguson & Associates, we have the car accident attorneys in Albuquerque, NM who can help prepare you for trial.
  • Can I bring a personal injury claim on behalf of a child in NM?

    The thought of something bad happening to a child is paralyzing for a parent, but parents can't protect their children from everything. Kids are going to get hurt, and sometimes there's nothing anyone can do to prevent it.

    However, there are many times when children are harmed because of carelessness or wrongful actions, and you have every right to be angry when your child has been hurt under these circumstances.

    You are probably asking yourself: "Can I bring a personal injury claim on behalf of a child in NM?" The answer is yes, and you should do so for a few reasons: justice for your child, prevention of injury to others, and monetary compensation for you and your family's losses.

    Filing a Claim When a Child Has Been Injured in New Mexico
    When your child has been injured because of another's carelessness, filing an injury claim is a good option for the parents. Your child may have injuries that require medical treatment, and you are probably the one paying for these medical expenses right now.

    Additionally, your child could be missing out on school, their physical development could be affected by their injuries, and their mental health could suffer.

    Your child needs to know that you will fight for them when they've been hurt. You should not be expected to pay financially for an accident that you and your child weren't responsible for causing, and the at-fault party must be held liable when they harm children.

    Contact a Personal Injury Lawyer in New Mexico
    You can see that you have the right to bring a personal injury claim on behalf of a child in NM. Don't hesitate to file your claim and get the settlement that you and your family need. Your child should not have been injured, but filing a claim is the only way to receive justice for them.

    Call (505) 624-8095 or fill out the form below to get in touch with an attorney with Will Ferguson & Associates. We're the personal injury lawyers Albuquerque, NM parents can depend on to fight for their children.

  • Can I file a personal injury claim for my work accident in New Mexico?

    Injuries can happen just about anywhere, so why can't they happen at work? You spend a lot of time at your place of employment, so it's more than possible that you could be injured there. What do you do if you've been hurt at work? You're probably asking yourself, "Can I file a personal injury claim for my work accident in New Mexico?"

    Read on to understand when you can file a claim for a workplace accident.

    Workers' Compensation vs. Work Injury Claim
    New Mexico law protects injured workers by providing them with financial compensation when they've been injured at work. For most workplace injuries, you will likely want to file a workers' comp claim. These types of claims provide cash payments for your accident-related medical costs and for missed work wages.

    There are some occasions when you could sue your New Mexico employer for an on-the-job injury. Here are a few examples.

    If you are injured due to gross negligence on the part of your employer, you might be able to sue. For instance, if you contract an illness due to chemical exposure that your employer knew about but did nothing to stop, this could allow you to go after your employer. You can sue when your employer was not complying with workers' compensation laws in New Mexico. For example, if your employer failed to acquire workers' compensation insurance even though they were mandated by law to do so, you could file a lawsuit. Third-party accidents could allow you to sue the third party, but not likely your employer. So, if you are injured in an auto collision during work, for example, you might be able to sue the driver who caused the accident. If your employer attacks you, you could probably sue.

    Discover Whether You Can Sue for a Work-Related Injury in NM
    Let's get back to your question: Can I file a personal injury claim for my work accident in New Mexico? It's better to be safe than sorry, so why not call a personal injury lawyer to find out? A free evaluation allows you to learn whether you can file a claim or lawsuit for your workplace injury. Contact an injury attorney at Will Ferguson & Associates by dialing (505)-624-8095 or by filling out the website submission form here below. Our personal injury lawyers in Albuquerque, NM are here to help with your work accident.

  • Can I sue after getting hit by a car on my bike in Albuquerque?

    Many people enjoy riding bicycles to get around. It can be good for your health. It's certainly better for the environment, and it's cheap. You probably are aware that there are some risks with riding a bike, especially riding in proximity to automobiles.

    If you've been involved in a bike collision, you might be wondering, "Can I sue after getting hit by a car on my bike in Albuquerque?"

    Suing for a Bike Wreck in ABQ
    Of course you can sue for a bicycle collision in some cases. The difficulty is in knowing when you can sue. If you caused your own bicycle accident, you won't likely be able to sue. However, if someone else caused your bike crash, then you probably could sue for your injuries and accident-related damages.

    For example, if a reckless driver crashes into you in Albuquerque, you could sue in that situation.

    When you are injured because of poorly designed intersections, the government might be liable for your injuries.

    If you are hurt when a driver's brakes fail, a manufacturing company might be legally responsible for your accident and losses.

    Suppose you are injured when a driver's tire blows out because a mechanic was being negligent when servicing the tire. You could possibly sue the mechanic for causing the accident.

    Suing for a bicycle accident could result in financial compensation for you. You probably have losses you are dealing with, such as medical costs and lost income. You have the right to seek justice and monetary compensation for injuries caused by someone else.

    Get a Free Consultation When You Connect with a Bike Crash Attorney in ABQ
    You now understand that you can sue after getting hit by a car on your bike in Albuquerque. You don't have to deal with a bike accident claim on your own, and you might be looking for legal assistance. Reach out to a bike collision attorney at Will Ferguson & Associates to get the help you need. Call (505)-624-8095 or fill in the form below to reach our firm. We're the bike and car accident attorneys in Albuquerque, NM who can help you with your case.

  • Can I sue a government agency for an accident in New Mexico?

    Accidents can be caused by different people and parties, and sometimes they're caused by the government. The government, just like a company, can in some cases be held liable for harm they've caused because of negligence.

    There are many rules and laws that detail government liability, but you should know that the government could be held responsible for injuries brought about by negligence.

    Are you asking yourself, "Can I sue a government agency for an accident in New Mexico?" You should know that you do have that right.

    Proving Fault in a Personal Injury Claim Involving the Government
    Like all personal injury claims, you will have to prove that the government was responsible for causing you harm because they were being negligent. How do you prove your case?

    First, you need to document your injuries and the accident in whatever ways you can. You can use police reports, statements from witnesses, photo and video evidence, or other types of evidence to prove that your injuries occurred because of the government's negligence.

    For example, if you are injured in a car accident due to a government worker who was driving drunk, the government could be held liable for their employee's actions. If you are injured because a worker didn't clean up a spill in a government building, you could be able to sue the government.

    Investigation can bring up the evidence you need to prove a government liability claim.

    How Long Do You Have to File an Injury Claim Against the NM Government?
    Don't wait long to begin filing a claim against the government, as you have only 90 days to bring your claim in New Mexico, in our experience. Other important rules and laws could affect your claim, so reach out to an attorney to discuss your options.

    Talk with a Personal Injury Attorney in New Mexico
    Yes, you can sue a government agency for an accident in New Mexico. Learn more about this process by calling an injury lawyer at Will Ferguson & Associates. Our personal injury lawyers in Albuquerque, NM are ready to help. Dial (505)-624-8095 or fill out the form on this page to receive a free claim assessment.

  • Do I have to go to court for a personal injury claim?

    Many people who've been injured in an accident wonder: "Do I have to go to court for a personal injury claim?" It's natural for people who've never been involved in court proceedings before to be apprehensive about it. However, a little more information about the personal injury claim process may be able to put your mind at ease.

    The Injury Claim Process
    There are several steps to the injury claim process. After an injury, you must first determine if someone else was at-fault for your accident. If you believe that is the case, then you will need to prove it. The next step will be to gather evidence that proves fault and put together your case.

    Next, you should calculate your damages. You will need this information when you submit an injury claim with an insurance company. The amount of damages you've suffered is what the insurance company will compensate you for.

    They should then offer you a reasonable settlement, but if they don't, that's when you can take your personal injury case to court.

    Going to Court: Should I Be Worried?
    If the at-fault party's insurance company won't pay you a fair settlement, or refuses to pay you any settlement at all, you can sue by filing a lawsuit. Preparing for court is something that your personal injury attorney is well-versed in, and you needn't worry about the process.

    Rarely would your case ever go to court, but if it did, your attorney would prepare you for it beforehand. Using the evidence of fault and of your damages, your lawyer would present your case and argue that you deserve payment for the losses you've faced.

    Get in Touch with a Personal Injury Attorney
    Do you have to go to court for a personal injury claim? In most instances, you won't have to, but it is possible. With a personal injury lawyer from Will Ferguson & Associates by your side, you can feel confident that you'll receive the best outcome possible for your case. We're the personal injury lawyers Albuquerque, NM has come to rely on. Call 505-624-8095, or fill out the form located below.