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Personal Injury Claims in Mexico

by sanmigueltimes
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Injuries happen without warning, and they can not be scheduled for a convenient time or place. Some injuries occur on vacation in Mexico, and as a result, you may lose employment or wages and end up with financial debt for medical treatment and rehabilitation.
The legal definition of personal injury refers to the harm done to the body caused by someone else’s actions. In the case of injuries occurring in tourist areas, resorts or tourism activities, travelers in Mexico are protected by a federal tourism law “Ley General de Turismo” as well as each state’s tourism law, for instance the Law for the Promotion and Development of Tourism in Yucatan. These laws safeguard tourists and ensure that any tourism service provider implements all necessary safety measures to ensure the guest the safe enjoyment and use of facilities, goods, and services offered.
Other personal injury practice areas include car, motorcycle, and vehicle accidents, product liability, medical malpractice, premise liability (“slip and falls”), and wrongful death cases.

When accidents happen at no fault of your own, it is hard to process what you need to do besides getting medical treatment. You should also consider the accident as a legal case, collect evidence such as photos of the accident site, or the structure that caused the accident and in the case of slip and fall incidents, ill-maintained or flooded walkways or poorly lit areas. Keep receipts for treatment and other expenses as these items are essential if you want to be reimbursed for your losses.

It is imperative to receive medical treatment and hire a Mexican personal injury attorney as soon as possible.
When selecting a personal injury lawyer consider these points:

  • Is the lawyer experienced in personal injury claims?
  • How many personal injury cases has the law firm won? What compensation have they won for their clients?
  • Does the firm have connections with expert witnesses who will contribute to building your case?
  • How long does the lawyer expect to resolve this case and reimburse your financial loss?
  • Does the lawyer work on a contingency basis? You will pay a retainer, but the majority of the legal fees will be deducted from the settlement.
  • How frequently does the attorney go to trial?

Will the lawyer fight for your case or settle quickly? An experienced lawyer knows if your case warrants going to trial or if it makes more sense to settle out of court.

In Mexico, as in other jurisdictions, the process of obtaining a final settlement in any claim may take a considerable amount of time. On average, it may take between four to six months to negotiate a settlement depending on the amount of the claim. The more substantial the damages, the longer it may take to obtain a settlement. MexLaw’s initial mandate will be to negotiate and undertake the necessary measures in order to arrive at a settlement with the defendant regarding their liability for this incident. As is the case in any jurisdiction, it is advisable to achieve a mutually satisfactory settlement rather than litigate. But the goal is to obtain fair compensation for expenses and damages that the incident has caused you and your family. If the negotiation is successful, the process ends with the payment of the settlement amount. If not, the case will go to trial. If litigation begins, it can take up to three years from start to finish before obtaining a final decision from the court. If you or the defendant appeal the verdict, it can take an additional two years for an outcome. From our experience, few cases are appealed unless the settlement in question is considerably large.

We dedicate our careers to representing people whose lives have been inconvenienced or devastated by the carelessness of others. MexLaw has recovered over 1 million USD in settlements for our clients. If you have been injured contact the MexLaw Personal Injury department, [email protected]

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