Albuquerque Car Accident Lawyer
Car accidents can happen to anyone, no matter how careful he or she may be. No one is immune to them. If you or a loved one have been in a car accident in Albuquerque, you need an experienced lawyer. Attorney Margaret Branch is an Albuquerque car accident lawyer. She and the Branch Law Firm have been advocating for the rights of car accident victims for over forty years. Call (505) 243-3500 and schedule a free consultation today.
Why Choose Our Albuquerque Car Accident Lawyers?
- Our Albuquerque personal injury lawyers have decades of experience and possess the skills, and resources needed to help you obtain the fair settlement that you deserve.
- We will not back down when pursuing your injury claim. When we determine the settlement value of your case, we expect insurance companies to pay you in full.
- We help injury victims get the compensation they need to recover physically, financially, and emotionally from their injuries, as they rebuild their lives after a car accident.
Why You Need a Car Accident Attorney
If you were in a car accident in Albuquerque, you need an experienced Albuquerque car accident attorney. You know by watching or listening to the news or just by talking with family, co-workers, and friends that car accidents happen at an alarmingly high rate in Albuquerque. However, you may not know that Albuquerque is known for paying low values in car accident cases. Oftentimes, this may not cover the medical costs associated with a car crash. An Albuquerque car accident attorney can increase the value of your case by gathering and providing evidence for your case and speaking with insurers on your behalf.
Important Facts about Car Accident Claims
Some of the things Margaret Branch and the Branch Law Firm have learned about car accidents:
- Insurance adjusters can take advantage of you as the victim in car crash cases. They take advantage by not giving you the maximum compensation for your Albuquerque car accident.
- Reserves are placed by insurance companies on car accidents by insurance companies. In car accident cases, insurance companies place a limited value on the car accident case. When presented with your car accident claim, the insurance company will look at the amount of property damage (damage to your car), medical costs and medical records, then determine a case worth. That is the reserve amount. For example, if your property damage is $3,000 and your medical bills are $5,000, the company might value the case at $10,000. The job of our personal injury lawyer is to evaluate the reserve value and take steps to increase the reserve value for your auto accident. This can be done by giving the adjuster photographs of your property damage and photographs of your injuries (i.e. bruising, scars or burn injuries) and by helping you create a log of time missed from work due to your car accident. The car accident attorney can make a point of showing the adjuster important sections of your medical records that demonstrate your pain and suffering. Auto accident attorneys can also elicit witness testimony that the adjuster might not know about or the adjuster might not try to obtain regarding your car accident. Such witnesses can testify either about how your car crash occurred or can describe their view of your damages caused by the auto accident.
- Immediately seek medical attention for injuries you received in your car accident. You may have just been hit by a 6,000+ pound car or truck. No matter how busy you are, go to the prescribed treatment for injuries you sustained in your car accident. Do not put off treatment after your car accident. Your medical treatment is a legitimate expense and increases the value of your car accident case. If you do not get treatment immediately when you need it, not only is your health and recovery affected but the value of your Albuquerque car accident case is also significantly affected.
What are Common Causes of Car Accidents in Albuquerque?
The most common causes of car collisions in Albuquerque include:
Many New Mexico motorists are distracted by various activities while driving. Distractions can include a cellphone, eating, drinking, listening to the radio, daydreaming, or simply reaching to find something in the backseat.
Reckless Driving and Speeding
Failure to follow posted speed limits, or driving without regard for the safety of others, results in an increased risk of a New Mexico accident occurring.
Driving While Intoxicated
Drinking and driving is one of the most recognizable causes of severe car accidents. DUI and/or DWI is illegal in every state and poses a major threat to motorists. A similar risk comes from driving while on certain prescription medications or illegal drugs.
Damaged or Defective Auto Parts
If just one part of a car is defective or was poorly installed and fails, the entire vehicle can be affected and may cause serious injury in a car crash.
Dangerous weather conditions are a common determinant of car accidents. Heavy rain or fog can result in low-visibility, making it harder for a driver to judge their speed or the speed of nearby vehicles. Rain, ice, or snow can make roads slippery and more difficult to stop on.
Injuries Suffered in a Car Accident
A car collision can result in a range of injuries, from mild wounds to life-changing medical conditions. Our Albuquerque car accident lawyer is prepared to assist crash victims suffering from:
- Broken bones or fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Back injuries
- Internal injuries
- Disfiguring scars or facial injuries
- Loss of limb
- Neck injuries, including whiplash
- Soft tissue injuries
What Damages Can I Recover After a Car Accident?
After a car accident caused by the negligent actions of another driver, injury victims have the right to pursue “damages.” Damages are a form of monetary compensation for the physical, financial, or emotional losses you have endured as a result of the car crash. The types of damages you are entitled to, include:
Car crashes can cause serious injuries. You may be eligible to receive money to cover any medical expenses related to your accident injuries:
- Medical bills stemming from the accident
- Cost of future medical care
- Cost of rehabilitation therapy
- Costs of living with a disability, such as in-home care
Loss of Income
The injuries suffered in a car accident can alter the rest of your life, and may force you to take time off of work or significantly impact your ability to work at all. In these cases, you can pursue compensation for your lost wages and the loss of future earning capacity.
Pain & Suffering
Pain and suffering damages can be recovered when a person’s injuries caused them undue physical pain or emotional distress. These are considered non-economic damages, as they are incalculable losses and subjectively awarded a monetary value.
Loss of Consortium
Unfortunately, a serious crash can affect a victim’s ability to maintain a relationship with their spouse, either physically and emotionally, or both. In these instances, the victim’s spouse can pursue damages for loss of consortium, or loss of companionship.
How Much Compensation is Available?
There is no set amount of money available to Albuquerque car accident victims. Rather, there are various factors that can influence the total amount of compensation paid out to victims. Some of these factors include:
- The severity of the injuries
- The totality of all medical expenses
- How long it takes a person to recover
- The total amount of lost wages
- Documentable pain and suffering losses
- Insurance limitations and assets of the at-fault party
Our skilled Albuquerque car accident lawyers will work with trusted medical and financial experts who can help properly calculate total expected expenses and present this to insurance carriers and a personal injury jury.
Things You Need to Know If You Have Been in a Car Accident
- Do not talk to the insurance company about your car accident without your attorney. Even if you haven’t contacted your personal injury attorney yet and the insurance company calls you, tell the insurance company you will wait to give your statement about your auto accident with your attorney present.
- Do not post any comments or items on Facebook or other social media outlets about being in a car accident. It will hurt the value of your auto accident claim.
- If you lose time from work because of your car accident, make sure you document that time off (including doctor’s appointments or days you could not go to work due to pain).
How Will Partial Liability Affect Your Crash?
One of the tactics used by insurance carriers and at-fault parties is to try and place some or all the blame for the crash on the injury victim. However, what many people do not realize is that New Mexico operates under what is called a “pure comparative negligence” system. This means that individuals can recover compensation even if they are up to 99% at fault for a vehicle accident in Albuquerque.
However, the total amount of compensation a person receives will be reduced based on their percentage of fault. For example, if an individual sustains $100,000 worth of medical bills and property damage expenses, but a jury finds that they were 25% responsible for the incident, then they would receive $75,000 instead of the full $100,000. Our car accident attorneys in Albuquerque work diligently to shape a successful personal injury claim that earns the compensation you deserve.
Is There a Time Limit for Filing Car Accident Claims?
Yes, there are various timelines that individuals need to be aware of after they sustain vehicle accident injuries or property damage. First, you need to report the incident to your insurance carrier as soon as possible. Insurance carriers have very strict reporting deadlines. Failing to report a crash to an insurance carrier within a day or two could result in the claim being delayed or denied.
Additionally, you need to be aware that the New Mexico personal injury statute of limitations is two years from the date an injury occurs. This means that Albuquerque car accident victims have a two-year timeframe with which to file a lawsuit against the alleged negligent driver. Any personal injury lawsuit filed beyond this two-year time limit will likely be dismissed by the court.
Will Your Case Go to Court?
Not every car accident case will go all the way to a jury trial. Most Albuquerque vehicle accident claims are resolved through settlements with insurance carriers within a month or so after the crash occurs. However, if a vehicle accident insurer refuses to offer a fair settlement or if the claim is denied, it may be necessary to file a personal injury lawsuit against the alleged negligent driver. Even after a lawsuit is filed in civil court, this does not mean that the case will end up in front of a jury. Often, attorneys are able to negotiate settlements while the discovery process is ongoing for the claim.
When you work with a skilled Albuquerque car accident attorney, you will have an advocate by your side who can handle every aspect of your case. This includes the initial investigation and negotiations with insurance carriers as well as preparing the case for trial if necessary.
Contact An Albuquerque Car Accident Lawyer For Help
If you were in a car accident, you need an experienced Albuquerque car accident attorney. A personal injury lawyer at Branch Law Firm can help provide expert legal representation to get the maximum recovery for your car accident. For a free consultation at our personal injury law firm, call us at (505) 243-3500, or fill out our online form and we will contact you.