Personal injury cases have been a mainstay in the legal field since its inception. Throughout history, there have been plenty of landmark cases that paved the way to where personal injury law is today. An early case was that of Escola vs. Coca Cola.
In early 1944, waitress Gladys Escola was working in a restaurant in California, putting glass bottles of Coca-Cola away when one of them exploded spontaneously. Back in the 40s, almost every soda was bottled in those thick, “classic” glass bottles. Plastic bottles wouldn’t become the norm until 30 years later. So, when this particular glass bottle of Coca-Cola exploded, Escola suffered a particularly gruesome five-inch cut, which severed blood vessels, nerves, and muscles of her thumb and the palm of her hand. Needless to say, Escola sued Coca-Cola and won.
Personal Injury Law in New Mexico: Protecting the Rights of the Individual
Going up against one of the world’s most recognizable brands may seem daunting, if not downright impossible, but Escola and her litigator Melvin Belli stood up against Coca-Cola and won in what now is known as the landmark personal injury and product liability case of Escola vs. Coca-Cola.
Not every single personal injury case will become a landmark in the realm of litigation but that doesn’t mean you shouldn’t defend your rights. If you’re in the state of New Mexico and you’ve suffered through a personal injury, then you should contact attorney W. Shane Jennings. Personal injury laws and rules differ from state to state. For this reason, we’ve outlined what you need to know about personal injury law in the state of New Mexico.
Personal Injury Cases Have a Three Year Statute of Limitations in New Mexico
Personal injury cases in New Mexico have a statute of limitations of three years. This means you must file your court case up to three years after the accident took place. If you fail to file within those three years, you may be unable to file at all. Three years may seem like a long time but before you know it, the statute of limitations will be up and you won’t be able to receive compensation for your injuries. So, as soon as you receive a personal injury, gather all the necessary information and contact your personal injury lawyer. The sooner your lawyer can get to work on your case, the better.
Explaining Comparative Negligence
There is a specific subset of personal injury cases in which both parties (that is, the injured person and the negligent party) can be held responsible for the accident or injury. In the state of New Mexico, a rule known as “comparative negligence” is used in these particular types of cases. Since the injured person played a role in the accident, the damages are reduced.
This isn’t to say that the injured person won’t win any damages, it only means the damages won’t be as grand as they would be if the injured person doesn’t fall under the comparative negligence rule. This is important to point out since many individuals decide not to file a personal injury case because they think they were at fault for the accident. If you find yourself in this situation, then it’s necessary to speak with a personal injury lawyer who can provide guidance.
Contact Your Personal Injury Lawyer, Today
If you’re in Southern New Mexico and you’ve suffered through a personal injury, then contact the Law Office of W. Shane Jennings. We provide legal aid to people in Las Cruces, Alamogordo, Cloudcroft, Anthony, Deming, and Lordsburg. Our phone lines are open 24 hours a day, seven days a week so you don’t have to wait before speaking with a reputable personal injury lawyer. Schedule a free consultation today to see where your case can go from here. Our goal is to win you the damages you deserve so you can recover from your personal injury in peace. We’re ready for your call.