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At Aguilar Law Firm, P.C., we exclusively represent plaintiffs. We focus on assisting injured clients and their families. Our firm and Esteban A. Aguilar Sr., Esq. is an advocate for you and your family members when you have a meritorious case, and guiding you through the legal process and litigation process.

Personal Injury

When you suffer a personal injury in New Mexico, Aguilar Law Firm, P.C., and Esteban A. Aguilar Sr., Esq. can help you. We have years of experience in representing clients who have suffered injuries and catastrophic injuries and who even were killed or died as a result of someone’s negligent or intentional negligence. Our laws protect individuals who suffer injuries and are harmed by the negligence and the intentional, willful, wanton or reckless conduct of others.

The basic elements to establish personal injury claim(s) are:

  • The existence of a duty;
  • A breach of the duty;
  • The breach was a cause of the injury; and
  • Damages.

Compensation and Recovery

When your injury is caused by a person, corporation or legal entity’s failure to act with “ordinary care,” or within “professional standards of care,” generally, you have the legal right to seek compensation. This compensation includes various items of damages:

  • Loss of Earnings. The value of lost earnings and the present cash value of earning capacity reasonably certain to be lost in the future in accordance with Uniform Jury Instruction (“UJI”) 13-1803.
  • Medical Expenses. The reasonable expense of necessary medical care, treatment and services received and the present cash value of the reasonable expenses of medical care, treatment and services reasonably certain to be received in the future in accordance with UJI 13-1804.
  • Non-Medical Expenses. The reasonable value of necessary nonmedical expenses which have been required as a result of the injury and the present cash value of such nonmedical expenses reasonably certain to be required in the future in accordance with UJI 13-1805.
  • Nature, Extent and Duration of Injury. Damages in the amount to be decided at trial for the nature, extent and duration of the injury sustained and suffered in accordance with UJI 13-1806.
  • Loss of Services of Spouse. Damages in accordance with UJI 13-1810.
  • Pain and Suffering. Damages in the amount to be decided at trial for past pain and suffering and reasonably certain to be experienced in the future in accordance with UJI 13-1807.
  • Aggravation of Preexisting Condition. Damages in an amount to be decided at trial for aggravation of any preexisting ailment or condition in a accordance with UJI 13-1808.
  • Loss of Consortium. Damages in an amount to be decided at trial for loss of consortium in accordance with UJI-1810A and UJI 1810B.
  • Loss of Enjoyment of Life Damages. Damages in an amount to be decided at trial for the loss of enjoyment of life in accordance with UJI-1807A.
  • Wrongful Death Damages. Damages in an accordance with UJI 13-1830.
  • Punitive Damages. Damages, if appropriate, in accordance with UJI 13-1827.
  • Pre-Judgment Interest. Pre-judgment interest in accordance with New Mexico law.
  • Post-Judgment Interest. Post-Judgment interest in accordance with New Mexico law.

Of course, not all these damages are recoverable or applicable in every case.
These are fact and case specific.

Comparative Negligence

New Mexico is a pure “comparative negligence” State. This means that an injured party can recover damages even if they are found to be partially at fault for the accident. As an example, in some other States, if an injured party is even partially at fault, the injured party will not be able to recover. New Mexico is different.

For example, if the judge or jury decides you are twenty-five (25%) at fault, you can still recover the remaining seventy-five (75%) from the other person, corporation or legal entity that injured you or a family member was a cause of the injury.

In its simplest form, if you have $100.00 in total damage(s) and you are 25% at fault ($25.00), you can still recover the remaining seventy-five percent ($75.00) from the other person(s), corporation or legal entity that was a cause of your or your families injury and damages.

Types of Personal Injury Cases We Handle

Our law firm specializes in a wide range of personal injury claims. Here is a closer look at the areas we focus on: