What are the elements of a successful catastrophic injury claim?

A successful catastrophic injury claim in New Mexico follows a specific set of elements. These elements include identifying the party that caused the injury, proving fault, establishing that the injury is severe and life-altering, and demonstrating the costs of the injury. The first step in pursuing a catastrophic injury claim in New Mexico is to identify the party that caused the injury. This is known as establishing liability, which can be done through evidence such as eyewitness testimonies, photographs, medical records, and more. The liable party can be an individual, a company, a government entity, or any other entity that may have been responsible for causing the injury. The second step is to prove fault. This means showing that the liable party was negligent or acted in a reckless way that resulted in a catastrophic injury. This can include demonstrating their negligence in failing to provide a safe environment or product, failing to warn of known risks, or failing to follow set protocols. The third step is to show that the injury is severe and life-altering. This can be done through medical reports and testimony. For example, the medical reports may show that the injury has resulted in significant pain and suffering, disability, disfigurement, or loss of abilities and functioning. Finally, the fourth step is to demonstrate the costs of the injury. This is done by showing that the injury has resulted in medical expenses, lost wages, loss of future earning potential, emotional distress, and other damages. This can be done through medical bills, pay stubs, and testimony from financial experts. By following these elements, an individual in New Mexico can successfully pursue a catastrophic injury claim.

What are the elements of a successful catastrophic injury claim?

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