This Article shares secrets learned from decades of personal injury experience handling accident cases throughout the State of New Mexico. I hope it is helpful to you.

This might sound like something a personal injury attorney might say, but internal documents an insurance company tried to keep secret (despite being ordered by the Court to turn them over) showed they had performed a study proving this was true. As a result of this study, the insurance company implemented a policy of sending a seemingly friendly person out to discourage the injured person from hiring an attorney and to try to settle the case quickly for a fraction of what it was worth. Have you been contacted by a "friendly" person from the insurance company who wants to take a recorded statement or settle your case quickly? Beware of wolves in sheep’s clothing!

The purpose behind personal injury law is a noble one: for the injured person to receive justice. This would be obvious, except the insurance industry has a propaganda machine talking about frivolous lawsuits, trying to mislead everyone that the purpose of personal injury law is to make a profit off of injury. The insurance industry does this to anger jurors against people who come to court and discourage people from bringing claims and hiring lawyers. People who have been injured because of someone else's fault are entitled to fair compensation. They are owed a debt and are entitled to be paid all of the debt, not half of the debt. That is the law. That is justice. Nobody should feel bad about pursuing what they deserve.

This is one we don't need to tell you, but there are a few people out there who need to read this. There are cases where the insurance company won't settle and then the jury gives an outrageously low award at trail. An insurance company won't settle a case if they feel it's being exaggerated, and they know if they take a case like that to trial, the jury will punish the injured person for being dishonest. That's why it’s important for a personal injury attorney to document every aspect of the claim and get opinions from unbiased experts and doctors. 95% of cases settle quickly this way. If a case goes to trial, the best personal injury attorneys are honest with the jury and trust the jury to figure out the truth. Juries reward this kind of honesty with fair and just results. As in all areas of life, honesty is the best policy. It's not only right, it gets the best results.

The more serious the injuries are, the more this is true. Internal documents from insurance companies reveal that some insurance companies keep a database of personal injury lawyers and adjust their settlement offers based on the reputation of the attorney. There's a lot riding on your decision of which personal injury attorney to hire. Look for personal injury attorneys who you can trust and who have a track record of successful results.

Documenting the truth about your injuries is one of the keys to getting a fair settlement, so go to the doctor when you need treatment, and tell your doctor EVERYTHING that is troubling you from the very beginning.

Insurance companies have trained, skillful representatives whose mission is to minimize the amount of your claim. The more they minimize your claim, the more profit they make. The quality and skill of the attorney you hire can have a significant impact on the value of your case. The best personal injury attorneys in the country are caring, down to earth people whose clients are everyday people. They are committed to truth, justice, and accountability. Jurors recognize those qualities in the best personal injury attorneys and that's why they consistently win. Once a personal injury attorney has proven himself to the insurance companies that he can win your case, the insurance company will be more likely to settle your case for its full and fair value.

Will Ferguson grew up in rural, coastal New Jersey and became a professional sailing instructor at age 16. He aspired to be an English teacher, but a low draft number and a stint in the Air Force somehow ended him up in law school in New Mexico, where he started practicing in 1974. After short stints in the District Attorney’s office and as an entertainment lawyer, he found his calling in civil trial work, then to purely personal injury and medical malpractice litigation for the past 26 years. He was a founding member of the American Trial Lawyers Association Presidents Club, and his AV rated seven man law firm handles high-profile injury litigation throughout the State, and is known for its aggressive specialty trial practice, in large part by referral from other attorneys. His other interests, which are several, have included developing New Mexico’s largest flight school, starting a local bank, and developing an Albuquerque auto-racing complex. He is a veteran licensed racing driver, an avid car collector, and is presently involved in his automobile performance hobby with a well-known performance shop and a Chrysler dealership. He and his wife of 14 years, Sarah, also a lawyer and a pilot, have three kids under the age of 8, keeping them close to home and constantly amused. In 2009, Will Ferguson was selected to the Justice Roundtable.

Membership in the Justice Roundtable is limited to 100 of the top personal injury attorneys nationwide. To qualify for membership in the Justice Roundtable, attorneys must have a perfect ethics record and a proven track record of successful results in personal injury cases. All Justice Roundtable Members take the following oath, reflecting their passion for achieving justice for their clients:

“As a proud member of the Justice Roundtable, I believe that justice requires that injured people receive full compensation from wrongdoers. By holding wrongdoers accountable for the harm they cause, I help to make all of our families safer. I understand the fear that comes when tragedy strikes a family. I will be a div shoulder to lean on in difficult times and will take the time to listen to my client’s concerns. I vow to serve my clients honorably, to put my clients’ interests before my own, and to dedicate myself to achieving full justice for them. I will be forthright and honest in my dealings with my client and others. As an officer of the court, and an advocate for my client’s rights, I will uphold and honor the dignity of the court and the profession of law, and will endeavor to serve as an inspiration and guide for other lawyers in the practice of law.”

I only handle personal injury cases. This includes accidents, product liability, medical malpractice and other cases where someone is injured due to the fault of another. I do not handle divorces, criminal law, or other types of cases. This is important because to do personal injury law well you must devote all of your energies to it and stay current with the most recent case law. These are some of the case types that I handle.

If you would like me to review your case or discuss your case free of charge : click here.

I also have extensive experience handling serious injury cases. This level of experience is important because handling these types of cases is very different than handling smaller cases. Handling cases with severe injuries requires a far greater investment of time, energy, and financial resources than handling smaller cases. Here are just a few of the kinds of serious and permanent injury cases that I have handled successfully in the past.

The vast majority of my cases settle out of court before a lawsuit is ever filed, probably about 90%.

I don’t put this information on the page to brag. It’s important to know what the track record is of your personal injury attorney and whether he or she has successfully handled serious injury cases. It was an honor for me to have successfully served these clients and to have made a meaningful difference in their lives. I consider each of these people my friends.

We fight hard to achieve results, because we know the difference that our success can mean for our clients and their families. In every case, our goal is to maximize compensation for our clients.

Notable settlements and verdicts we have obtained include:

DUI Accident $450,000.00 Settlement

Road Debris $450,000.00 Settlement

DUI Accident (Drunk Driver killed passenger while racing on streets) $575,000.00 Settlement

Motorcycle Accident $100,000.00 Settlement

DUI Accident (Drunk Driver Accident) $450,000.00 Settlement

Rollover-multi vehicle $216,000.00 Settlement

Rollover- single vehicle $215,000.00 Settlement

Red Light Collision (MCI t-bones client in passenger seat) $502,000.00 Jury Verdict

Semi Truck Collision (Canadian Couple rear ended at construction site) $2,500,000.00 Settlement

Semi Truck Collision (12 year old boy killed by sleeping driver) $975,000.00 Settlement

Trucking Negligence (from failure to secure load) $4,000,000 Settlement

Semi Truck Collision (wrongful death caused by driver sleeping at wheel) $1,000,000.00 Settlement

Dump Truck Collision (Wrongful Death of motorist due to negligence of dump truck driver) $550,000.00 Settlement.

Breast cancer Misdiagnosis $1,000,000.00 settlement

Surgical Sponge left after bladder surgery $75,000.00 Settlement

Bladder injury during hysterectomy $275,000.00 verdict

Compartment syndrome -Confidential Settlement

Delay in diagnosis of Cervical Cancer- Confidential Settlement

Pediatric Brain Injury- Confidential Settlement

Coumadin™ Overdose resulting in brain bleed and death $450,000.00 Settlement

Pediatric Oncology Malpractice- Confidential Settlement

Pediatric Medical Negligence (wrongful death caused by improper cancer treatment protocol) $7,500,000.00

Failure of PA to read lab reports resulting in delay in treating infection $400,000.00 Verdict

Unattended Fall causing hip fracture at Nursing Home $90,000.00 Settlement

Auto Wrongful Death(caused by employers negligent hire) $1,500,000.00 Settlement

Auto Wrongful Death(caused by minor's driving while intoxicated) $375,000.00 Settlement

DUI Death (passengers death caused by drivers intoxication) $575,000.00 Settlement

DUI Death (caused by employers driver who had prior DUIs) $8,500,000.00 verdict

DUI Death (death due to sniffing paint resulting in death of minor) $250,000.00 Settlement

DUI Death Pedestrian killed by drunk driver) $435,000.00 Settlement

Faulty Cement mixer $450,000.00 Settlement

Industrial Product Liability (faulty fire suppression system) $725,000.00 Settlement

SUV Crash Worthiness $4,000,000.00 Settlement

Faulty banding of steel by distributer resulting in broken leg $130,000.00 Settlement

Blind Patron slips on wet floor $100,000.00 Settlement

Trip on Box in Store (Back Injury) $130,000.00 settlement

Collision with waiter in restaurant causing fall $75,000.00 Settlement

Fall on uneven sidewalk $75,000.00 settlement

Fall in Parking lot injuring elbow $48,000.00 settlement

Fall in parking lot injuring wrist $170,000.00 settlement

Institutional Rape (minor raped by other minor resident) $800,000.00 Settlement

Police Misconduct (wrongful death caused by excessive force) $1,875,000.00 Verdict

Police Misconduct (death caused by excessive force) $4,200,000.00 Settlement

Police Misconduct (wrongful death caused by excessive force) $490,000.00 Settlement

Injured Policeman $1,000,000.00 Settlement

Police Misconduct (damages caused by negligent operation of cruiser) $250,000.00 Settlement

Personal Injury from negligent operation of Vehicle $132,000.00 Settlement

Surgical sponge left after Surgery $350,000.00 settlement with hospital

Cardiac Arrest during Spinal Anesthesia causing brain damage $1,000,000.00+ confidential settlement

Delayed cesarean delivery $1,000,000.00+ Confidential Settlement

ER failed to work up patient with chest pains and abnormal EKG resulting in death- Confidential settlement

Insurance Bad Faith (failure to pay Uninsured Motorist Benefits) $1,200,000.00 Settlement

Trench Collapse $450,000.00 Settlement

Architect fall from roof during inspection $1,000,000.00 Settlement

Wrongful Death from improper structure placement $640,000.00 Settlement

Wrongful Death resulting from failure to install traffic signage $825,000.00 Settlement

Mortuary Malpractice (wrongful cremation) $450,000 Settlement/Verdict Foot Injury $215,000.00 Settlement

Cockroach Infestation $35,000.00 Settlement

Fall from Wheelchair caused by uneven market pavement $125,000.00

Clergy Molestation- Confidential Settlement

Dog bite (Akita bites mother and daughter) $300,000.00 Settlement

Porta Potty Fall- Confidential Settlement

Tank Fire- Confidential Settlement

Balloon Accident (injuries caused by rough landing) $90,000.00 Settlement

Needle in Hotel room caused infection $53,000.00 Settlement

Prima facie tort (legal acts with intention to cause harm) $78,000.00 Jury Verdict

Age discrimination in Employment $664,000.00 Jury Verdict with Settlement after Verdict

Results are based on unique facts and are not predictive of future results.

The key is to care about your clients and put yourself in their shoes and the shoes of their families. Understanding their situation is the first step. Then you have to fight as hard as you can, using all of the skill and knowledge you have to get them justice.

I am a member of the Justice Roundtable, 100 of the Nation’s Top Personal Injury Attorneys.

Member: State Bar of New Mexico; New Mexico Trial Lawyers Association, The Association of Trial Lawyers of America; Fmr: ATLA President's Club; Lawyer - Pilot's Bar Association; [Capt., USAF, 1971-1976].

REPORTED CASES: Eighteen reported New Mexico cases, including Houghland v. Grant, 119 N.M. 422, 891 P.2d 563 (Ct. App. 1995) (hospital made responsible for ER Service MDs); Barth v. Coleman, 118 N.M. 1, 878 P.2d 319 (1994) (reasonable expectations of insureds to govern insurance contract); Salzwedel v. Enerpharm Ltd., 107 N.M. 728, 764 P.2d 499 (Ct. App. 1988) (unrelated purpose exclusion to Workers Comp imnity).

Author: Comment, Traumatic Neurosis: Illuminating Aladdin's Lamp, University of New Mexico Law Review, May, 1974.

Like most personal injury attorneys, I work on a contingent fee basis, which means you don’t pay any fees unless I get a successful result for you. Typically in the industry fees are 33% of the recovery, except for some very complicated medical malpractice or product liability cases.  Our fees are consistent with what other attorney’s charge.  If you would like to talk to me and ask more questions about attorney’s fees or costs, or would like me to email you our standard fee agreement: click here.

Generally, the law requires that I prove three things in a negligence case:

1. Negligence (that someone who owed a duty of care failed to exercise ordinary care);

2. That you were injured; and

3. That your injuries were caused by the other person’s negligence.

If those elements are present, then there is a potential case. Sometimes it is obvious who is at fault for an injury, and sometimes the real culprit is hidden and we need to investigate thoroughly before we can identify all the at fault parties. Uncovering the truth is a big part of what we do.` Unfortunately, in today’s society, people do not often stand up and admit it when they make a mistake, so it takes skill and persistence to find the truth. If you would like to know if you have a case, you can contact me by clicking here.

I base my decisions on years of experience handling personal injury cases. I also look at a database of jury verdicts and settlements and compare your case to other similar cases. This tells me what similar cases have settled for. However, this is only a guide because each case is unique, just as each person is unique. Also, it is true that a better attorney can get a better result on the same case as an attorney who lacks experience. There are a number of factors that determine the value of the case including:

1. the nature and severity of the injuries,

2. the amount of past and future economic losses, such as future medical expenses and future wage loss,

3. the length of time someone will live with pain and suffering

4. whether there is a loss of ability to earn a living,

5. how bad the defendant’s conduct was who caused the injury; and

6. the skill, dedication, and resources of the attorney.

If you contact me and ask me, I may be able to give you an idea what your case is worth, but generally, it is not possible to do this accurately without first looking at all of the evidence, the medical records, and talking to doctors and getting opinions about future medical care that may be needed, etc. If you would like to talk to me about the general range of what your case might be worth, click here.

Yes, many of my cases come from other attorneys. If you are a lawyer representing an injured client and would like to talk to me about associating me on your case, please click here to contact me.

Our office is easy to locate, offers free parking, and is handicapped friendly. To schedule an appointment and get directions to our office, or to request a home or hospital visit, click here.

I am happy to discuss your case with you and let you know what I think. If I’m not available when you call, you can talk to another lawyer in my office. If we’re not available when you call, you can leave a message and I will call you back. We have operators available to take your call 24/7. Some people prefer instead to send me an email. To do this, please fill out the free case evaluation form below.