Albuquerque Personal Injury Lawyer
If you have suffered an injury due to the negligence of another person or as a result of a product malfunction, you may be eligible to claim financial compensation for your injuries and losses. At Branch Law Firm, we have a trusted team of Albuquerque personal injury lawyers who are dedicated to defending the rights of injury victims and their families. Contact our law office online today or by calling (505) 243-3500 to schedule a free consultation.
Why Choose Our Albuquerque Personal Injury Lawyer?
- We understand the difficulties victims can face after suffering from a personal injury, which is why we provide our legal services on a contingency fee basis. This means there are no upfront fees for our work, and you only have to pay us if we reach a fair outcome for your claim.
- Our law firm has more than 50 years of extensive experience obtaining compensation to help injured clients put their lives back together. You can trust our accident attorneys to fight fiercely for the fair compensation you deserve, regardless of the insurance companies or corporations involved.
- We treat our clients with respect, dignity, and compassion, and our Albuquerque injury attorneys tailor our legal strategy to meet your needs. Our team is here to support you through this difficult time.
Why You Need a Personal Injury Lawyer
If you are pursuing compensation after being injured in an accident caused by someone else, it is in your best interest to hire representation. Having the proper legal advice and assistance when filing your personal injury claim and dealing with an insurance company will make a major difference when it comes to the amount of compensation you recover for your damages (losses).
It is the job of an at-fault party’s insurance company to pay you as little as possible to close your case. That might include accusing you of causing the accident, rather than their policyholder. Retaining an experienced Albuquerque personal injury lawyer ensures that you will recover the fair value of your damages and deflect any wrongful accusations of fault that can ultimately reduce your claim. Our legal team gives your case the attention it needs by gathering evidence and fully investigating it.
Types of Cases We Handle
Our Albuquerque attorneys handle a wide variety of personal injury claims, including cases such as:
- Car accidents
- Truck accidents
- Commercial vehicle accidents
- Motorcycle accidents
- Product liability
- Birth injury
- Premises liability
- Medical malpractice
- Dangerous drugs
- Traumatic brain injury
- Oil and gas injuries
- Pipeline explosions
- Burn injury
- Toxic torts
- Nursing home abuse
- Wrongful death
How Will Partial Liability Affect Your Injury Claim?
If you sustain an injury in Albuquerque, New Mexico, you can still recover compensation even if you are partially at fault for the incident. Often, the insurance carriers for the at-fault party will try to place blame on you for the incident in order to pay less compensation. However, 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 the incident.
This can affect your personal injury claim. Under this system, individuals will receive reduced compensation based on their percentage of fault. For example, if you sustain $10,000 worth of medical bills and lost wages because of a slip and fall injury, but a jury finds that you were 30% at fault for the incident, you would only receive $7,000 instead of a full $10,000.
Understanding the Elements of Negligence
In order for a personal injury claim to be successful, there are various elements that must be in place that a plaintiff and their attorney will have to prove. Establishing these four elements can seem complicated, but a skilled attorney will fully investigate the claim and be ready to present evidence to the insurance carriers or a personal injury jury.
- Duty. The first step in any personal injury claim is understanding whether or not and proving that the defendant (the person alleged to have caused the injury) owed a duty of care to the plaintiff (the injury victim). A duty of care will look vastly different depending on the type of injury involved. For example, every driver in New Mexico owes a duty of care to every person around them. This means operating the vehicle safely and within the confines of the law. A duty of care will look different for a property owner or a medical professional. Property owners owe a duty of care to any person allowed on their premises, and medical professionals owe a duty of care to provide adequate treatment to their patients.
- Breach. After establishing that there was indeed a duty of care between the defendant and the plaintiff, it must be shown that the defendant breached the duty of care. Again, a breach of duty will look different depending on the type of injury case. If a driver operates their vehicle while impaired by narcotics, they very likely have breached their duty of care to those around them. Property owners who fail to adequately repair faulty stairways will have breached their duty of care to any person who has a right to be on their premises.
- Causation. After establishing that there was a breach of duty on the part of the defendant, it must be shown that this breach directly caused the plaintiff’s injuries.
- Damages. Finally, it must be proven that the plaintiff suffered some sort of monetary loss as a result of the breach of duty and their injuries. This can include medical bills, lost income, property damage expenses, and pain and suffering damages.
Steps to Take After Sustaining an Injury
There are various steps that individuals can take after sustaining an injury in Albuquerque. This includes, but is not limited to, the following:
- Seeking medical care. It is crucial for any personal injury victim to seek medical care as soon as possible. This helps ensure their well-being while also establishing a link between the injury and the actual incident. This is important because insurance carriers will be looking for this link.
- Reporting the incident. It is crucial to report the incident to the appropriate authorities. This will alter depending on how the incident occurred. For example, car accidents must be reported to law enforcement officials who will conduct an investigation. Premises liability incidents should be reported to the property owner as soon as possible.
- Documenting the incident. If it is safe to do so, and if an injured individual is able, they can use their phone or any other type of camera to take pictures of the entire incident. Additionally, the names and contact information of any eyewitnesses should be gathered so they can be contacted later.
- Contacting an attorney. A skilled Albuquerque premises liability attorney can handle every aspect of the claim, especially if they are involved early. They will handle all communication with other parties involved and gather the evidence needed to prove liability.
- Continuing medical care. All injury victims should continue medical care until they have fully recovered. Discontinuing medical care is a mistake. This will be taken as a sign by the insurance carrier that a person has not sustained that severe of an injury.
Is There a Time Limit for Filing a Personal Injury Claim?
Yes, there is a limited amount of time to file these claims. In New Mexico, the personal injury statute of limitations is two years from the date an injury occurs. Failing to file a lawsuit against the alleged negligent party within this two-year timeframe will result in the injury victim being unable to recover the compensation they need.
We do want to point out that there are time limits in place based on insurance carrier rules as well. Most insurance carriers have strict reporting deadlines, often within a day or two after an injury occurs. Failing to file a lawsuit within this insurance carrier timeframe could result in a claim delay or denial.
Will Your Case Go to Court?
Not every personal injury case in Albuquerque goes to trial. In fact, most claims are resolved through settlements with insurance carriers. However, if an insurance carrier in Albuquerque refuses to offer a fair settlement, or if the insurance carriers deny a claim altogether, then the injury victim and their attorney may need to file a personal injury lawsuit against the alleged negligent party. Even after a lawsuit has been filed, this does not necessarily mean that it will go all the way to trial.
Types of Compensation Available
Injury victims in Albuquerque, New Mexico, may be able to recover various types of compensation if their injuries were caused by the negligence of another party. Our goal is to help clients recover full compensation for their losses. This includes coverage of economic and non-economic damages:
- Compensation for all medical expenses
- Lost income if a victim cannot work
- Various household out-of-pocket expenses
- Pain and suffering damages
- Loss of enjoyment of life damages
How Much is My Injury Case Worth?
A common question after suffering an injury caused by someone else’s negligence is, “How much money am I entitled to?” Unfortunately, there is no set answer for how much a person is awarded for an injury claim. Every accident is different, and the total amount of compensation awarded will depend on several factors specific to the case.
One of the main influences on total compensation is the severity of the injury and the total medical bills. Additionally, lost wages could fluctuate depending on how long it takes a person to recover. Other factors that can affect total compensation amounts include the level of insurance the at-fault party has as well as documentable pain and suffering.
An insurance company or jury will examine the severity of a person’s injury, how long it will take for the victim to recover, whether there is any lasting disability or disfigurement, the cost of medical bills, and more. An experienced personal injury lawyer in Albuquerque will have the knowledge and skills necessary to assess your claim and give you an estimated value. From auto accidents to property damage, our accident attorneys are ready to represent you with fierce advocacy.
Contact Our Albuquerque Personal Injury Lawyers Today
If you or a loved one was seriously injured by the actions of another party, the attorneys at Branch Law Firm will protect your rights and pursue every form of compensation available under the law. For more information, call (505) 243-3500 or send us a message online to schedule your free consultation and find out how our personal injury attorneys can help.