Can your New Mexico slip-and-fall claim be denied?

On Behalf of | Mar 4, 2023 | Premises Liability

People trip, slip and fall all the time. In fact, slips and falls are one of the leading causes of personal injuries in the U.S. While most slips and falls never result in life-altering injuries, a few do. If you trip, slip and fall while on someone’s property, you may have a case against the property owner or manager. This is especially true if negligence played a role in the incident.

However, not all premises liability claims result in compensation. A denied personal injury claim can be a huge setback, especially if the injury left you with a huge medical bill, among other losses. If your claim is denied, you may consider appealing the decision. But before you do, it helps to understand the exact reasons why your original claim was denied in the first place.

Here are two common reasons why your premises liability claims can fall through the cracks:

Lack of evidence

Every legal matter is won or lost on account of evidence or lack of it. If you cannot link your injuries to the alleged slip-and-fall accident, you will most certainly have no case. And one of the pieces of evidence you can use to prove your case is a medical report from the doctor who treated you.

A medical report will detail the nature and extent of your injuries, how they could have resulted from the alleged slip-and-fall accident and the resultant medical bill. With this, you will have an easy time justifying your claim.

Letting the statute of limitations period run out

No matter how strong your case is, you do not have all the time in the world to file your claim. You must act within the New Mexico statute of limitations period. In other words, you must file your claim within three years from the date of the slip-and-fall accident. Your claim will most likely be denied if you let this statute of limitations period run out.

You can trip, slip and fall when you least expect it. If the incident is attributable to someone else’s negligence, however, you may be eligible for damages. Find out how you can protect your rights and interests while holding the liable party responsible.



FindLaw Network
Nathan A. Cobb