Santa Fe Personal Injury Attorneys
Protecting the Rights of Wrongfully Injured New Mexicans
At KRW Lawyers, we understand the physical, emotional, and financial toll a serious injury takes on you and your family. If you were hurt because of someone else's negligence in Santa Fe, you shouldn't have to bear that cost alone. Our personal injury attorneys are here to help you pursue the compensation you deserve.
New Mexico law gives injury victims real protection that many people don't realize they have: even if you share some blame for what happened, you may still be entitled to compensation. Understanding how that works — and how insurance companies try to use fault disputes against you anyway — is one of the most important things a Santa Fe injury victim can learn early in their case.
If you or a loved one was harmed by another's negligence in Santa Fe, contact us online or call (505) 628-0776 for a free consultation. You pay nothing unless we win.
Cases We Handle
Our attorneys represent Santa Fe clients across a wide range of accident and injury cases, including:
- Car accidents
- Truck and commercial vehicle accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Slip and fall and premises liability cases
- Workplace accidents
- Wrongful death claims
Each case is different, but the common thread is the same: someone else's negligence caused you harm, and New Mexico law gives you a path to recovery.
New Mexico Personal Injury Law: What Makes Santa Fe Different
Santa Fe personal injury claims are governed by New Mexico law, which differs from neighboring Texas in two important ways.
Pure Comparative Negligence
New Mexico follows a pure comparative negligence rule, established under Scott v. Rizzo. Unlike states with a fault "cutoff," there is no percentage of fault that completely bars your recovery in New Mexico — even if you are found 90% or more at fault for an accident, you can still recover the percentage of damages attributable to the other party.
For example, if your total damages are $100,000 and you're found 30% at fault, you can still recover $70,000. This is considerably more favorable to injury victims than Texas's modified comparative fault system, but insurance companies still routinely try to inflate a claimant's assigned percentage of fault to reduce what they pay — which is exactly where experienced legal representation matters most.
Three-Year Statute of Limitations
Under NMSA 1978 § 37-1-8, you generally have three years from the date of your injury to file a personal injury lawsuit in New Mexico — one year longer than Texas's two-year deadline. If your claim involves a government entity or vehicle, different rules apply: New Mexico's Tort Claims Act requires written notice within 90 days of the incident and shortens the filing deadline to two years.
Even with three years to work with, evidence degrades and witness memories fade quickly — waiting rarely helps your case, regardless of how much time remains on the clock.
Santa Fe's Roads: What Local Data Shows
Santa Fe's traffic corridors carry a disproportionate share of the city's crashes. According to Santa Fe Police Department data reported over a recent three-year period, the city recorded roughly 5,532 crashes involving over 14,000 people, with more than 2,700 reported injuries and 25 fatalities.
Six of the ten most dangerous intersections in Santa Fe sit along Cerrillos Road, with three more along St. Francis Drive — together the city's two busiest traffic arteries. The intersection of Cerrillos Road with Airport and Rodeo Roads has recorded the highest crash count in the city, and the Cerrillos Road/St. Francis Drive crossing is regularly cited as one of the most dangerous in the state given its crash volume and severity.
Other locations worth noting if your accident happened nearby:
- I-25, New Mexico's longest interstate, carrying heavy commuter and commercial traffic through Santa Fe
- St. Michael's Drive, a high-volume commercial corridor with frequent vehicle-pedestrian conflicts
- Speeding hotspots identified by state safety data include I-25 South, St. Francis Drive near the Plaza, and the Cerrillos Road shopping corridor
Why this matters for your case: if your accident happened at or near one of these known high-crash locations, tell your legal team immediately — a documented history of hazardous conditions at a specific intersection can be relevant to how liability and roadway design are evaluated.
Common Types of Injuries
Personal injury cases can involve a wide range of physical and psychological harm, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Severe burns
- Internal organ damage
- Soft tissue injuries
- Whiplash and neck injuries
- Psychological trauma, including PTSD
Even injuries that seem minor at first can worsen over time or reveal long-term consequences. Documenting the full extent of your injuries — including future care needs — is essential to recovering fair compensation.
The Legal Process for a Personal Injury Claim in New Mexico
- Initial Consultation — We review the facts of your accident, your injuries, and your legal options.
- Investigation — Our team gathers police reports, medical records, witness statements, and expert opinions.
- Demand and Negotiation — We submit a formal demand to the insurance company and negotiate for a fair settlement.
- Filing a Lawsuit — If a fair settlement can't be reached, we file suit in the appropriate New Mexico court.
- Discovery and Litigation — Both sides exchange evidence and prepare for trial.
- Settlement or Trial — Many cases resolve before trial, but we prepare every case as though it will go before a jury.
Recovering Compensation
A successful personal injury claim in New Mexico may allow you to recover both economic and non-economic damages, including:
Economic Damages
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Property damage
- Rehabilitation and therapy costs
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
Because New Mexico's pure comparative negligence rule means fault disputes directly reduce (rather than eliminate) your recovery, precisely establishing the other party's share of fault is often the single most consequential part of a Santa Fe injury claim.
Frequently Asked Questions
How long do I have to file a personal injury claim in Santa Fe?
Generally three years from the date of the injury, under NMSA 1978 § 37-1-8. Claims involving a government entity have a shorter two-year deadline and require notice within 90 days.
Can I still recover compensation if I was partially at fault?
Yes — and this is one of the most important things to understand about New Mexico law specifically. Under the state's pure comparative negligence rule, you can recover compensation even if you're found mostly at fault for the accident. Your recovery is reduced by your percentage of fault, but there is no cutoff point that bars you entirely, unlike in some other states.
What damages are recoverable in a personal injury claim?
Both economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) may be available depending on the facts of your case.
What should I do immediately after an accident in Santa Fe?
Seek medical attention, call the police to document the accident, gather contact and insurance information, and photograph the scene if it's safe to do so. Speak with an attorney before giving any recorded statement to an insurance company.
If you were wrongfully injured in Santa Fe, our attorneys can help you understand your rights under New Mexico law and pursue the compensation you deserve. Contact us online or call (505) 628-0776 to schedule a free consultation.
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“I have nothing but good things to say about my experience with my attorney, Josh and his paralegal Janelle. They were communicative and moved quickly to get my settlement after my accident. I was told by another law firm that I did not have a case. Josh went above and beyond to help me. Janell stayed in touch with me throughout the process and answered any questions I have had. They are very familiar with workman’s comp as well. I would highly recommend them!”- Brittany E. (Google Review)
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“A friend recommended me to KRW Lawyers. They helped me out with a nice settlement, did great work while I recovered from a bad car accident. I appreciate you guys!”- Moses T. (Google Review)
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“My mother and I would like to express how very blessed we have been to have Henry Wollam, Genevieve Casanova, and KRW Lawyers staff helping us. They helped us at a time when we did not know who to turn to after our car accident. Something as simple as getting medical care and answers to our questions became difficult. But with Henry Wollam and Genevieve Casanova, doors were opened, and we felt peace of mind that everything was going to be alright. Knowing we could trust and depend on their knowledge and professionalism. They have big hearts that listen to their clients. We believe they worked very hard for us. Again, we thank you for everything you've done for us.”- Joann M. (Google Review)
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“KRW lawyers are a Godsend!- Sandy J.H. (Google Review)
From the very start to the very end, my attorney, Henry Wollam, has been truly exceptional. He is very personable, professional, and always available when I have questions. Mr. Wollam's paralegal Genevieve have been truly amazing keeping me up to date on my case. They both handle my questions with promptness and care. If you're in a vehicle accident and sustained injuries no need to look any further. KRW are knowledgeable, and very professional. I highly recommend KRW to anyone that needs a lawyer.” -
“Henry & Genevieve were the absolute best after I was in a car accident. They handled everything for us from the very beginning from dealing with the insurance, medical records, etc. Letting me worry about my healing while knowing we were in good hands. We will 10 / 10 recommend them to our friends and family or use them in the future if needed!”- Janet S. (Google Review)
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“- Lilly (Google Review)
I had an excellent experience working with KRW Law Firm after my car accident. From the very beginning, their team was professional, responsive, and genuinely cared about my well-being. They took the time to explain every step of the process in a way that was easy to understand, which gave me a lot of peace of mind during a stressful time.
What stood out most was their dedication and attention to detail. They handled everything efficiently and kept me informed throughout the entire case. I never felt like just another client—they truly made me feel supported and prioritized.
Thanks to their hard work and expertise, my case was settled successfully, and I couldn’t be more grateful for the outcome. I highly recommend this firm to anyone in need of legal assistance after an accident. They go above and beyond to deliver results while treating their clients with care and respect.
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“The KRW Lawyers were the best at helping me after my car was hit by someone running a Stop sign. The lawyer Seth Tatom and legal aid Lorna worked hard to get me help in getting my car fixed and compensation for my injuries. They did an amazing job of answering my questions and keeping me updated throughout the whole process. I would highly recommend the firm to anyone injured in an accident.”- Estella R. (Google Review)
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“I was involved in an accident, and I was referred to KRW (Scott, specifically). I had never used a personal injury attorney. I never had the need to. Scott explained the entire process and walked me through it. His first-hand knowledge of insurance companies is invaluable. The insurance company made an initial offer, and he got us 6X that. Not to mention, Scott and his professional team were a pleasure to deal with. I hope I don't have to use a personal injury attorney again, but if I do, I'm calling KRW. No question.”- Wes M. (Google Review)
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“KRW Lawyers handled my accident case and I truly could not have asked for a more caring and hard working team! Lorna (Paralegal) was extremely helpful and treated me like family. I want to thank them from the bottom of my heart for making this traumatic accident easier to handle knowing they had my back the whole way.”- Cheyenne S.
