Depending on your schedule and what you do for a living, it’s likely you plan your days out ahead of time. Maybe you have to drop the kids off at school in the morning before you head to work, or maybe you travel frequently to meetings on the other side of town. Regardless of what your days look like, it’s easy for the best-made plans to be thrown off course when someone decides to act negligently.
If you get hurt because of someone else’s actions, recovery can be challenging. Whether you were in a car accident, fell on someone’s property, or were injured by a doctor, you’ll likely be dealing with unpaid time away from work and expensive medical bills. Fortunately, the Albuquerque personal injury lawyers from Buckingham Barrera Law Firm are here to support you and improve your chances of making a full recovery.
Do You Need a Personal Injury Attorney?
If you’ve been injured and know you’ll be dealing with medical bills and insurance companies, it can seem tempting to handle the matter on your own. Maybe you assume the process will be faster without a lawyer or you believe you’ll be awarded what you deserve because it’s clear to you negligence was involved. Unfortunately, handling a personal injury matter without a lawyer puts you at risk of having to walk away without the compensation you need to recover as fully as possible.
Without the help of an Albuquerque attorney, it can be nearly impossible to determine the full monetary award you should receive. Not only will we be looking at what the incident cost you, but we’ll be sure to consider what it will or could cost you in the future. Insurance companies aren’t always willing to cover expenses like that, but with the right evidence and a strong argument from us, you’ll be sure to receive what you deserve.
There’s also the matter of proving you deserve an award. When multiple parties are involved or fault isn’t blatantly obvious, you want a legal representative who’s skilled at building cases for clients that prove liability.
It’s likely the situation that caused your injuries falls into one of our practice areas. We represent clients in the following areas of personal injury law:
- Car accidents
- Drunk driving accidents
- Distracted driving accidents
- Truck accidents
- Rollover accidents
- Delivery vehicle accidents
- Jackknife truck accidents
- Overloaded truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Premises liability
- Slip and fall accidents
- Dog bites
- Product liability
- Medical malpractice
- Birth injuries
- Surgical errors
- Gallbladder malpractice
- Nursing home abuse
- Brain injuries
- Spinal cord injuries
- Wrongful death
- Work injuries
- Oil field accidents
- Mass tort lawsuits
The right lawyer for you will not only listen and ensure they understand how you view what happened to you, but they’ll conduct a thorough investigation that supports your injuries being preventable and the direct result of recklessness.
The Basics of Personal Injury Law
Once you begin working with an attorney, it’s important to understand the basics of personal injury law. This will help you understand what’s happening as your claim moves forward, so you feel more in control of how everything proceeds.
Personal injury rules apply in situations like accidents, intentional acts, defective products, and defamation. Accidents include situations like car accidents and medical malpractice, where someone’s negligence results in harm to another person. Intentional acts, like assault and battery, involve a person harming another on purpose. With a defective product, it’s likely the manufacturer cut corners or failed to warn a consumer about potential danger—which resulted in injuries. Defamation is when someone says something to harm another person’s reputation.
In general, the laws that apply to cases like the ones discussed above are determined at the state level. For example, every state has a different set of statutes of limitations for personal injury cases. In New Mexico, a case must be filed within three years of the date the accident happened for it to be reviewed. Failing to meet the statute of limitations will result in the case being dismissed.
While no two clients are in the same exact situation, there are some elements that are involved in each personal injury case. Once the injured party files a claim, it needs to be determined if the opposing party breached their legal duty. That duty depends on the situation that resulted in the injuries. If it’s determined the opposing party was responsible for what happened, settlement talk begins. If a settlement is reached, the case ends. If not, the injured party can go to court to file a personal injury lawsuit in order to reach an official verdict from a judge or jury.
No matter how your case proceeds, our lawyers will be with you every step of the way to ensure a positive outcome—which includes receiving full and fair compensation. You may be eligible for a monetary award that covers your medical bills, lost wages, cost of future care, future lost wages, property damage, and other economic damages. There are also noneconomic damages to take into consideration, which include factors like pain and suffering and loss of enjoyment of life.
Understanding Shared Fault in New Mexico
As discussed above, personal injury laws are typically enacted at the state level. In New Mexico, the comparative fault laws play a role in determining the measure of legal responsibility a person is assigned for an accident or injury. More specifically, comparative fault reduces the compensation an injured person is entitled to based on their percentage of fault in the accident.
If, for example, you slip in a grocery store because a spill wasn’t cleaned up, you can file a premises liability claim. But, if you were paying attention to your phone at the time you fell, the opposing side can claim you were partially at fault for what happened. So if it’s decided you were 10% at fault for a case valued at $20,000, you’ll only be eligible for $18,000, or 90%.
The comparative fault rule is only applied when the fault is shared. If it’s proven you were not at fault in any way, you’ll be eligible for 100% of the damages.
Albuquerque: New Mexico’s Largest and Most Diverse City
The city of Albuquerque has so much to offer to residents and visitors. Those looking for unique cuisine, culture, and exciting activities can find something new around every corner. Located in central New Mexico, this metropolitan center enjoys a mild, sunny climate year-round.
For those looking to learn about the history of the area, which includes ancient pueblo traditions, cowboy culture, and Southwestern heritage, there are a number of museums and local centers dedicated to providing this information to the public. For a family outing, visit the ABQ BioPark. There, you’ll find a zoo, aquarium, botanical garden, and fishing lakes.
As one of the most diverse cities in the nation, Albuquerque is focused on rediscovering and promoting the cultures that reside there. We’re proud to represent residents in a city that’s focused on making communities safer, opening up new opportunities for residents looking to expand their skills, and helping those that need it the most.
Representing Albuquerque’s Injured
Buckingham Barrera Law Firm has extensive experience successfully representing personal injury victims. We’re here for you in your time of need, no matter what the situation was that caused your injuries. If a negligent person or entity could have acted differently to prevent what happened to you, we can fight to hold them accountable for your losses.
We understand how overwhelming it may seem to take on a legal claim when you’re trying to focus on recovering and getting back to work as soon as possible. But, it’s important to remember that you have a right to seek compensation for your injuries and losses. When you have the means to take care of those expenses, you’ll only be expediting your recovery process.
Every claim is different, so getting in touch with our Albuquerque personal injury lawyers as soon as possible after an accident is crucial. The sooner we can start investigating your claim and gathering the evidence needed to support it, the better your chances are of receiving full and fair compensation. Contact us today to learn more.