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The car insurance claim process may intimidate you, but don’t worry. Our Albuquerque car accident lawyers will shoulder the legal burden. Whether you were in a head-on collision in Bernalillo County or the victim of a hit-and-run, we will make sure you receive a fair settlement. You pay no up-front costs, and we’re paid only after you receive compensation. Read what our clients have to say.
“Great group of people to work with—very efficient and professional. Alex has put together a great Team!”
Every motor vehicle accident is unique, and their underlying circumstances classify them. Some of the more common traffic crashes around Albuquerque include:
No matter what caused your car accident or the injuries you suffered, you must get medical attention as soon as possible. After receiving medical attention, you should contact and retain a team of the best car accident lawyers you can find.
If you’re still at the scene of the accident…
Shortly after the accident…
Because the next stages of your injury treatment and crash investigation are crucial, contact our Albuquerque car accident attorneys as soon as possible for a free consultation. We can help you get the medical attention you need and start our investigation before evidence is lost and witnesses’ memories fade.
Most New Mexico accidents are caused by driver error. Careless, distracted, reckless actions by a driver can lead to legal liability for the harm caused in car crashes. For a car accident claim to be successful, our Albuquerque car accident lawyers must prove negligence, which means we’ll need to establish four things:
The other driver had a duty to exercise a certain level of care. This legal duty covers all drivers, requiring them to act as a reasonable person would. This can mean a driver must do something in a given situation (slow down to avoid hitting you) or not do something (like drive over the speed limit).
This motorist failed to comply with the legal duty of care by acting unreasonably under the circumstances.
There are factual and legal causal links between the breach of duty, the crash, and your injuries. Your case would show you wouldn’t have been hurt if the other motorist drove reasonably and the breach never happened.
You suffered losses in the form of physical, emotional, and financial harm.
The elements of negligence can’t be proven without facts, and we won’t have them without an independent investigation. Our Albuquerque car accident lawyers will work to gather this essential evidence to support your claim.
Negligence takes many forms. The key is whether the responsible driver lived up to their legal duty of care. According to the state Department of Transportation, these are some of the top car crash causes in New Mexico:
The point of filing a claim with an insurance company is to get you compensation for the physical, emotional, and financial consequences you experienced. There are two types of damages you may seek after a car wreck:
These are your out-of-pocket losses caused by the accident and your injuries. They are “economic” because they are measured in dollars and can be determined by looking at receipts, invoices, pay stubs, tax information, and other documents
This harm is more difficult to measure, but they take a toll. Pain and suffering, emotional distress, and the impacts on your personal relationships are a few examples. Though receipts can’t prove these damages, skilled car accident lawyers in Albuquerque can verify them with the help of expert witnesses
Once we know what your claim is potentially worth, our car accident lawyers will have a candid discussion regarding how negotiations may go with the insurer. We always make a good faith attempt to negotiate for the maximum compensation possible for our clients.
We have won million and multi-million-dollar settlements in some cases, though we never guarantee such a significant outcome in a case. If the insurer refuses to negotiate fairly or wrongly denies your claim, then we can push forward in your case and prepare for trial.
Be aware that the New Mexico Statute of limitations for personal injury cases is three years. That means it is your responsibility to contact a car accident lawyer as soon as possible. It may take time to gather evidence and navigate the claims process. For this reason, you must get started on this process right away.
At Law Giant Injury Lawyers, our car injury attorneys have considerable experience and in-depth legal knowledge in helping clients with these cases. We can also help you with the other accident-related issues you’re facing so you can concentrate on recovery.
Filing a successful claim involves much more than filling out forms. It is all about using the process to tell your story, the extent of your injuries, why the other driver is at fault, and why the insurance company should pay your personal injury claim. Furthermore, this process involves supplying the evidence the company wants to see.
You won’t have to deal with a claims adjuster or an attorney working for the insurance company. We’ll be communicating with them, showing the persistence needed to be successful.
The goal is a car accident settlement that sufficiently compensates you for your losses. If you handle the case by yourself, you won’t know the value of your claim, and your settlement will come up short.
We’re dedicated to helping car crash victims. We can gather the evidence needed to prove your claim. This includes getting help from professionals in medicine, accident reconstruction, and economics.
If the insurance company isn’t reasonable and we can’t settle, we can file a lawsuit to enforce your rights as a victim, and a jury will decide the issues. Litigation requires high-level legal knowledge, skills, and courtroom experience.
Throughout the process, Law Giant Injury Lawyers will be at your side. You should focus on getting your health back and your family. Our accident attorneys will handle the legal issues while you recover.
Certain roads, highways, and intersections are more likely to be sites of vehicle accidents.
Central Ave. is listed ten times, and Interstate 40 is listed nine times by City-Data as the locations of fatal accidents in Albuquerque, the top two out of a total of 97 crashes. These two locations made up almost 20% of all deadly Albuquerque accidents that year.
Other places frequently listed include State Road 45, Montgomery Blvd., and Wyoming Blvd. Other areas where you should drive carefully include State Road 556, Carlisle Blvd., San Mateo Blvd., and State Road 423.
According to the New Mexico Department of Transportation, Bernalillo County was by far the area with the most recorded accidents in 2019. Bernalillo County recorded 41% of the state’s total accidents in 2019. If you pass through these areas regularly, be sure to proceed with caution.
Want to learn more? Read our blog on New Mexico car accident statistics.
of auto accident cases end with a favorable result for the plaintiff. - DOJ
Car crashes are one of the most common ways that people in the United States are injured or killed. After a collision, Albuquerque car accident lawyers are available to assist with the process to get compensation through a lawsuit, and other aspects of the process to deal with a motor vehicle accident. Legal representation is important because the costs that follow a car collision are often substantial, and they may not be entirely covered by relevant auto insurance policies.
Law Giant Injury Lawyers is a law firm that focuses on helping local clients with professional advice and representation during these difficult times after the car accident.
As a general matter, most lawsuits related to car accidents will try to prove that the driver who caused the crash was at fault. In the civil court system, these are called negligence cases. There are many ways that someone can be found negligent, but most ways are fairly obvious problems that occur regularly on the roads. This can be due to traffic infractions like speeding or running through red lights, drunk driving, using a cellphone while driving, and illegal lane changes. However, it is also possible that the person who caused the collision was simply not careful enough. Even if they did not actually break any laws, it is still possible that they can be found negligent in civil court because the victim’s lawyer made a convincing argument. Cases where there are relevant laws which were broken may be even more beneficial to the victim.
Experienced car accident attorneys in Albuquerque routinely handle certain kinds of crashes.
The widespread use of cellphones and other electronic devices has made distracted driving accidents very common. If the driver at fault was on their phone or there is other evidence of behaviors such as distracted driving, this is relevant to negligence in a lawsuit or determining fault during the insurance claim process.
Defective parts of the vehicle are another likely source of injuries, especially if there has been a recall. Car manufacturers spend very large sums of money each year on recalls due to the possibility that people may die or be seriously hurt because of defective vehicle designs or improperly manufactured parts. If the driver was hurt due to a defective vehicle during its normal use, the manufacturer will almost always be liable.
Reckless drivers, careless drivers, and drunk drivers often injure others when they engage in serious kinds of misconduct on the road. However, the unfortunate reality is that these illegal actions are fairly common, and drivers are disabled or killed due to these kinds of incidents every day.
Car accidents are a very serious source of financial problems and stress. Aside from the vehicle damage which will need to be fixed, the person involved may need to be transported by an ambulance, stay in a hospital, take time away from work to recover, and endure lasting health problems. The driver’s auto insurance rates may possibly go up after an accident as well depending on how their provider decides to handle the situation.
The combination of these factors means that they may need compensation in the thousands or millions of dollars to try to make their life comparable to before the crash. The main job of a car accident attorney in Albuquerque is to try to advocate on the victim’s behalf to receive as much compensation as allowed by New Mexico law. This is usually done through some kind of settlement talks, as a full trial in court is rare because of higher expenses and the risk of losses.
Compensation in civil cases is divided into various kinds of damages. Economic losses or damages are obvious because the victim can show all of their costs through various bills, invoices, and documentation. The attorney can then argue for the defendant to pay for all of the costs shown. There are also non-economic losses available, which are normally called pain and suffering damages. These are related to the victim’s mental health, their physical pain from the car crash, and reductions in their quality of life.
Our experienced injury lawyers able to argue for any types of compensation that may be available.
The process to bring a civil case and receive compensation can be lengthy and complex at times, but legal help will simplify the process if the victim is represented by an experienced car accident attorney. The first steps of the case will begin long before the person ever contacts an attorney.
At the accident scene, it is important for the victim to follow all of the proper procedures required by law and for the purposes of assisting with the case at a later time. This includes contacting the other drivers at the scene and exchanging information, calling the police, and notifying the insurance provider.
The process to start collecting evidence is very important as well. Much of this job will be done by the police during the investigation, but it is helpful for the victim to have their own pictures or other documentation as well. The people at the scene should try to record as much of the accident as they can through their camera or writings.
The car accident report will become important for the purposes of a lawsuit. Police departments have traffic experts and others who are experienced with car collisions. They will try to determine exactly what happened at the scene in the moments before the incident and how any injuries occurred. They will also note any illegal behaviors that happened at the time as well, which can be crucial evidence of negligence.
After the victim is safe and able to consider their situation, they should meet with an Albuquerque car accident attorney to get advice. Firms offer initial consultations where the victim and an attorney can go over the timeline for the case, along with other relevant matters.
Based on the information that the Albuquerque car accident lawyer has, they can draft the initial complaint that starts the lawsuit. In personal injury law, these are sometimes called pleadings as well. This document is filed in the proper venue for the local courts, and then served to the defendant. It contains a summary of what happened, arguments of why the defendant is legally at fault, and listings of the plaintiff’s losses.
Law Giant Injury Lawyers has a proven record of success with all of these car accident issues. Start the process today and call to schedule a free consultation with a car accident lawyer near you. Our accident attorneys will provide personalized advice that gives you the best chance for success.