Albuquerque Car Accident Lawyer

Car accidents are often sudden and chaotic, leaving those involved grappling with not only physical injuries but also emotional and financial challenges. They can happen to anyone, no matter how careful he or she may be. No one is immune to them. In the aftermath of a collision, the path to recovery and justice can seem overwhelming. This is where the support of an Albuquerque car accident lawyer from Branch Law Firm becomes invaluable.

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 team at the Branch Law Firm have been advocating for the rights of car accident victims for over forty years. We take time to understand the details of our clients’ situations and build a case that fits the needs of each one. Call (505) 243-3500 and schedule a free consultation today.

Why Choose Our Albuquerque Car Accident Attorney?

Choosing the right car accident attorney is critical for ensuring that you receive the legal support and guidance you need. Our team at Branch Law Firm offers several key benefits that make us the ideal choice for your car accident case:

• 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.
• Our team offers trustworthy advice on your rights and an ideal course of action based on the specifics of your case. We can help individuals understand complex legal concepts that are applicable to their cases while assisting them in navigating the legal system.

Our car accident attorneys can provide invaluable assistance as they represent your interests. They can serve on your behalf in any arbitration, mediation, negotiation, and litigation procedures, all while making sure you seek appropriate compensation.

Why You Need a Car Accident Attorney

If you were in a car accident in Albuquerque, NM, 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, such as police reports, medical records, witness statements, and accident reconstruction reports, and speaking with insurers on your behalf. They can make certain that you receive a fair settlement and are not taken advantage of by lowball offers or a denial of valid claims.

While you focus on recovery, a lawyer ensures that all deadlines and procedural requirements are met, including filing the proper paperwork. They can handle various aspects of your case, such as communicating with medical providers, arranging for expert witnesses, and managing the discovery process.

With an independent investigation, a lawyer can work to determine who is at fault for the accident and, thus, establish liability, which is crucial for securing compensation. If a fair settlement cannot be reached, a lawyer can represent you in court, presenting your case effectively and advocating for your interests. They work to maximize your compensation by accounting for all aspects of your damages and negotiating effectively with the responsible parties or insurance companies.

A car accident lawyer can streamline the claims process, protect your rights, and increase the likelihood of a favorable outcome in your case.

Important Facts about Car Accident Claims

Some of the things Margaret Branch and the Branch Law Firm have learned about car accidents:

1. 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.
2. 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.
3. 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?

Car accidents can happen for a multitude of reasons through a combination of different factors. Understanding why accidents happen can help in prevention work and promote safer roads. The most common causes of car collisions in Albuquerque include:

Distracted Driving

Many New Mexico motorists are distracted by various activities while driving. Distractions can include texting or talking on a cellphone, eating, drinking, listening to the radio, daydreaming, or simply reaching to find something in the backseat. Distracted drivers are less likely to notice changes in the road or other vehicles on the road due to this inattentiveness behind the wheel.

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 above the speed limit reduces the driver’s ability to react to sudden changes and increases the severity of accidents. Aggressive behaviors like tailgating, changing lanes without signaling, and running red lights can all lead to dangerous collisions.

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. Alcohol and drugs impair judgment, coordination, and reaction times, leading to a higher risk of accidents.

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. Issues such as brake failures, tire blowouts, and engine problems can lead to accidents if these parts are not properly maintained.

Weather

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 reduce visibility for drivers and make roads slippery and more difficult to stop on. This can heavily increase the likelihood of accidents. Cautious driving becomes exceedingly important in such instances of severe weather conditions.

Fatigue

Drowsy driving impairs concentration and reaction times, making it difficult to stay alert and respond to hazards on the road. Individuals should try to avoid getting behind the wheel of a car if they are too tired to practice safe driving.

Failure to Obey Traffic Signals

Ignoring traffic signs of any kind (stop signs, yield signs, etc.) and other traffic control devices can result in accidents, especially at intersections.

Inexperienced Drivers

Lack of experience can lead to poor judgment and decision-making. Those who are inexperienced should practice caution and pay close attention to other drivers.

These are just a few of the ways in which accidents can occur, but there are many more. Staying alert and aware of the other drivers on the road can help protect you and your family from costly and potentially devastating accidents.

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
• Burns
• Internal injuries
• Disfiguring scars or facial injuries
• Loss of limb
• Neck injuries, including whiplash
• Soft tissue injuries

How to Respond After a Car Accident

It can be difficult to know how to respond in the moments following a car accident. It is common for emotions and stress to be heightened, which can impact critical thinking in those essential moments. Below is a list of how you can respond to an accident in ways that protect your safety and legal rights:

• Check for injuries, and ensure safety. Take the initial moments to examine yourself and anyone else involved in the accident for injuries. If you or others are experiencing any type of injury or negative physical symptoms, contact emergency healthcare immediately. If you are in a dangerous or unsafe area, such as in the middle of a busy highway, move to safety if you are able to do so to avoid further accidents.
• Contact law enforcement. Whether or not there are injuries or damages, contact local law enforcement. It is essential to get a police report for your case to have proof of the accident and the circumstances surrounding it.
• Exchange contact information. If you are able, exchange the contact information of all parties involved in the accident. This includes information such as names, license plate numbers, insurance information, phone numbers, email, and any other relevant information. If possible, gather information from any witnesses of the accident, as their testimony may be valuable as you pursue compensation for your damages.
• Contact a trusted lawyer. As soon as possible, get in touch with a car accident lawyer who can support you at this time. A lawyer holds a legal understanding of car accidents and their legal implications. They can help you as you seek fair treatment and pursue a settlement that accurately covers the extent of all your losses.

It can be challenging to navigate the aftermath of an accident well, but it is essential for protecting your well-being and legal rights. Do not hesitate to contact a trustworthy lawyer as soon as you are able.

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:

Medical Expenses

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.

FAQs

What Does a Statute of Limitations in a Car Accident Mean?

A statute of limitations, in a car accident context, refers to the time period within which a legal claim must be filed after the accident occurs. Once this period expires, individuals may lose the right to pursue legal action. The purpose of the deadline is to ensure that legal claims are made while evidence is still fresh and witnesses’ memories are still accurate. It also provides a degree of certainty for potential defendants.

Is New Mexico a No-Fault Car Accident State?

No, New Mexico is a fault state for car accidents. This means that any driver who is determined to be at fault for the accident is responsible for the damages. The at-fault driver’s insurance company is typically responsible for covering the costs of the other party’s injuries, property damage, and related losses. Victims seek compensation by filing a claim with their own insurance company, with the at-fault driver’s insurance company, or against the at-fault driver.

What Is the Hit-and-Run Law in New Mexico?

The hit-and-run law in New Mexico requires drivers who are involved in an accident to stop and provide their information or assist after the accident if necessary. If a driver fails to stop after an accident, it is considered a serious offense. In New Mexico, this can be classified as a misdemeanor or a felony, depending on the circumstances. The driver can face severe criminal charges, possibly resulting in imprisonment and significant fines, for leaving the scene after an accident.

Am I Legally Required to Get a Lawyer for a Car Accident in New Mexico?

No, you are not legally required to get a lawyer for a car accident in New Mexico, but it is highly recommended that you do so. Depending on the circumstances of the accident, a car accident case can get highly complex and overwhelming to navigate without the support of a legal professional. A lawyer can help you understand your rights and legal obligations as well as ensure that you are treated fairly and do not accept a settlement unless it is in your interest.

What Types of Damages Can I Get From a Car Accident?

The types of damages that you can get from a car accident primarily include economic and non-economic damages. Economic damages include losses that have an obvious monetary value associated with them that is connected to the accident. These include wages, medical bills, property damage, and more. Non-economic damages are losses that do not have an obvious monetary value attached to them but are still significant. These can include pain and suffering, loss of companionship, and more.

Contact An Albuquerque Car Accident Lawyer For Help

In the aftermath of a car accident, the importance of having a dedicated car accident lawyer by your side cannot be overstated. Their experience in managing insurance claims, understanding legal nuances, and advocating for your rights can significantly impact the outcome of your case. When navigating the complexities of a car accident claim, remember that seeking legal assistance is a step toward justice as well as a crucial investment in your future well-being and financial stability.

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.