Las Cruces Slip and Fall Attorney

What is a Slip & Fall Accident?

A slip and fall accident is when an individual slips, trips, or falls due to a hazardous condition on someone else’s property. Common causes include wet floors, uneven surfaces, poor lighting, and obstructions. These accidents can result in a range of injuries, from minor bumps and bruises to severe fractures and head trauma.

Under personal injury law, slip and fall accidents are categorized under premises liability. This means that property owners have a legal duty to maintain a safe environment to prevent injuries on their premises. If they fail to do so, they may be held liable for any resulting accidents and injuries.

Who Is Liable for a Slip & Fall Accident?

If a property owner fails to address hazardous conditions, they may be held liable for any injuries that result from a slip, trip, or fall accident. Even municipal and governmental agencies may be liable for accidents on their property.

However, it's important to note that New Mexico follows a pure comparative fault rule. This means that if the injured party is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if you are found to be 20% at fault for not paying attention to a visible hazard, your compensation could be reduced by 20%.

Under the comparative negligence laws in NM, the plaintiff in a civil claim may recover damages as long as they are not deemed 100% at fault for their injuries.

How Long Do You Have to File a Claim?

In New Mexico, the statute of limitations for personal injury claims, including slip and fall accidents, is three years from the accident date. Even though three years seems like a long time, starting the claims process as soon as possible is advisable to ensure all evidence remains intact and witnesses' memories are fresh.

That said, there are some special circumstances under which the statute of limitations can be extended, such as when the injured party is a minor at the time of the injury. We encourage you to speak with an attorney if you are considering bringing a claim for personalized guidance regarding how the statute of limitations or other restrictions may apply to your case.

What Compensation Can You Seek?

Injuries sustained from a slip and fall accident can lead to a wide range of expenses and costs, even after your initial medical care. These may include ongoing rehabilitation, lost wages, and long-term medical treatments, all of which can place a significant financial burden on the injured party.

Victims of slip and fall accidents may be entitled to various forms of compensation, including:

• Medical expenses: This covers current and future medical bills related to the injury, including hospital stays, surgeries, physical therapy, and medication.
• Lost wages: If your injury prevents you from working, you can claim compensation for lost income and loss of earning capacity.
• Pain and suffering: This encompasses both physical pain and emotional distress caused by the injury.
• Punitive damages: In cases where the property owner's negligence was particularly egregious, you may be awarded punitive damages to deter similar behavior in the future.

Should You Consult an Attorney After Being Injured in a Slip & Fall Accident?

If you've been injured in a slip and fall accident, consulting an attorney can be an essential step in protecting your rights and securing fair compensation after a slip and fall accident. A qualified personal injury attorney like ours at Law Offices of Ruben Ortiz can provide valuable guidance, from gathering crucial evidence to negotiating settlements and representing you in court, if necessary.

What to look for when seeking legal counsel:

• A proven track record in handling slip and fall cases.
• Familiarity with New Mexico’s personal injury and premises liability laws.
• Experience and a good reputation in the Las Cruces area
• Strong communication skills and personalized representation
• Positive client testimonials

An attorney can assess the details of your case, offer an honest evaluation of the likely outcomes based on their experience, and help determine the best course of action. Remember, while not mandatory, consulting an attorney after a slip and fall accident can offer you many benefits.

Reach out to our firm online to schedule a consultation and discuss your options.