Personal Injury FAQs

When should I expect a call back about my personal injury case?

When you call our office, our legal staff will gather the specifics about your potential case.

We try to respond within 48 hours to let you know whether the attorneys are interested in your case or if they need additional information. Depending on the type of case, the attorneys may need additional information or to review documents before they can decide whether to take your case.

Do you think I have a personal injury case?

If our attorneys are willing to represent you, then we believe you have a case worth pursuing. While we cannot guarantee any result or outcome for your case, we work diligently to get you the best recovery possible. We have found success through hard work, compassion and being knowledgeable about the law.

Do you offer free consultations?

Our attorneys do not charge to meet with you to discuss your potential personal injury case.

How much is my personal injury case worth?

The Attorneys at McGraw & Strickland, LLC cannot tell you how much your case is worth, but if they take your case they work diligently to obtain the maximum value for you. In some cases, the resolution is not just about money but changing an unsafe condition. Whenever possible, our attorneys try to make sure no one else is injured in the same way a client was injured.

How much will the attorney fees be for my personal injury case?

The attorneys at the law office of McGraw & Strickland, LLC charge a contingency fee on most personal injury cases. A contingency fee means the attorney's fee is contingent on you receiving a monetary recovery. The attorney does not get paid for the time and work they put into your case unless you receive a monetary recovery in your personal injury case - either your case settles or you win your case at trial. The standard contingency fee is 1/3 to 40% depending on the complexity of the personal injury case. It is important to understand that attorney fees are different than the costs incurred to bring a lawsuit.

How long do I have to bring a lawsuit?

Statute of limitation are statutes that define how long a person has after a harmful event to file a lawsuit.

Personal Injury or Wrongful Death:

Generally, a personal injury or wrongful death lawsuit must be filed within 3 years from the date you or your loved one was injured or killed. However, there are some exceptions.

Exceptions:

Lawsuit against State Government Entity or Employee

If you have a personal injury or wrongful death claim against a state governmental entity or state government employee, your lawsuit must be filed 2 years after the date the injury or death occurred. In order to sue the State of New Mexico or a state employee, you must serve a Tort Claim Notice on the appropriate governmental entity within 90 days of event that caused injury or within 6 months after a death.

Child or Incapacitated Person:

The statute of limitations may be longer if a child is injured or if the person is incapacitated.

Discovery Rule:

The statute of limitations may be extended if a person did not realize they were injured right away. This is called the "discovery rule" exception. For example, if a surgeon leaves a sponge in a patient during surgery, and the patient does not realize what is making them sick for a number of years, then you may be able to file suit even though the 3-year statute of limitations has expired.

Your Own Insurance Company:

When an insurance company fails to live up to its promises, a policy holder has 6 years to file a lawsuit.

How does an attorney determine if I have a good personal injury case?

It is important that you provide as much detail and documentation as possible to the attorney to help them evaluate your potential claim. The attorney will review medical records, reports and interview witnesses in order to determine whether you have a valid claim. The attorney may also need to research the law if you have a unique claim