Randy K. Clark

It depends. Virtually all types of claims or legal disputes have time limitations imposed. Some of these are called "statutes of limitations." Others are administrative requirements, such as filing appropriate notices in order to preserve potential claims. Because, the preservation and filing constraints are somewhat complex and vary depending upon your location and the nature of the possible legal action, this is one of the most important reasons you should seek early legal advice. For example, under New Mexico law, the statute of limitation for a breach of written contract claim is 6 years which sounds like plenty of time. However, personal injury claims against federal, state or local governments/agencies, require notice (tort claims notice) be provided by the claimant in as little as 90 days. This is not plenty, and underscores why you should not delay in seeking legal consultation regardless of the nature of your claim.

This too, depends. In our state, there are local courts (municipal/metro), magistrate courts (by county), state district courts, federal district court, and tribal courts. The location of where your case may or must be brought will be determined by various factors. For example, in a contract case, the contract itself may determine where the case must be filed. Under state law, for many causes of action, a case can be filed where either the plaintiff (claimant) or defendant resides. Still other types of claims, must be brought in federal court, while others, must be brought in tribal court. The facts of your specific claim must be considered in light of the controlling law. In short, sometimes you have a choice, sometimes you do not.

Nothing. This firm provides initial client consultations and evaluates potential cases at no charge to you. If you then select this firm and we agree to represent you, we will enter a formal agreement setting out the scope and terms of the engagement.

It depends upon the fee arrangement you enter into. We do some cases on an hourly basis. In that instance, we bill for attorney and support hours along with the expenses incurred in representing you. However, most of our cases are handled on a contingency fee basis. What that means, is that we will advance the expenses and provide all attorney and support staff work to bring your case, and then, if successful, you will pay us an agreed percentage of the recovery. The details and terms of such agreement will be set out in writing before we begin.

In New Mexico, as with most other jurisdictions, the answer is generally, no. Unless the case is brought under a state or federal law that specifically authorizes fee shifting (having the other side pay your fees) or a contract which provides for fee shifting, parties to lawsuits pay their own fees. This is known as the American Rule. However, some litigation costs may be recovered by the prevailing party. These are limited and set out in both state and federal rules.

It depends, but you should be prepared to be patient. Contrary to some misconceptions present today, neither insurance companies nor corporate wrongdoers are going to pull the checkbook out just because a claim has been made. In fact, quite the opposite, you can expect to be tested early and often. So can your attorney. These institutional defendants are professionals and have the money and resources to contest claims. The speed at which a claim resolves will be impacted by your choice of attorney and your own conduct in helping your attorney substantiate your claim. All elements of damages you seek compensation for must be substantiated or the defendant will never agree to pay for those. Further, your expectations and the reasonableness of them, will impact the speed at which your case resolves. Finally, sometimes, liability is so hotly contested and/or damages disputed, that filing a formal lawsuit is required. This process takes time.