If you have been involved in an accident caused by someone else’s carelessness or poor judgment, you have a right to seek fair compensation for your medical expenses, lost wages, pain and suffering, and other losses. Seasoned Albuquerque personal injury attorney Andrew Ortiz has been assisting people who have been hurt in car crashes, trucking accidents, motorcycle collisions, and slip and fall accidents, among other harmful events, for over 25 years. He knows how to deal with insurance adjusters and defense attorneys who seek to minimize claims and force an injured person into a lowball settlement. People throughout New Mexico who are seeking a car accident attorney or representation in another personal injury claim can come to him for guidance.Bringing a Personal Injury Claim
In order to recover damages from an individual, business, or governmental entity whose negligence caused an accident, the plaintiff must be able to prove that the defendant owed the plaintiff (or their family member) a legal duty, that there was a breach of duty, that the plaintiff suffered damages, and that there was a link of causation between the breached duty and the damages. The plaintiff must prove each of these elements by a preponderance of the evidence, which is not as demanding as the burden of proof in a criminal case but requires that their version of events is more likely than not to be accurate.
While some accidents are entirely the fault of a single individual, such as a distracted driver who runs a red light, there are many occasions in which two or more parties may share the blame. New Mexico takes a pure comparative fault approach to this situation. Under this system, a plaintiff’s recovery in a personal injury lawsuit is reduced by their percentage of fault, no matter how large or small it may be. Thus, even if you are concerned that you may have contributed to an accident, you still should explore the possibility of pursuing legal action. A personal injury lawyer in the Albuquerque area can help you make a compelling argument that minimizes your degree of responsibility to the extent possible.
A jury in a personal injury case has considerable latitude in awarding damages to a person who has been injured due to another party’s negligence. Damages like medical expenses and lost wages are more readily calculated than compensation for pain and suffering and loss of consortium, but a combination of documentation, witness testimony, and expert witness testimony may provide a way to quantify even relatively subjective losses.
Generally, there is no cap on damages in New Mexico except in cases involving medical malpractice or a claim against the government. As a practical matter, however, collecting a judgment beyond the limits of the defendant’s liability insurance coverage following a car accident may be difficult unless the plaintiff has uninsured/underinsured (UM/UIM) motorist coverage. Purchasing this coverage thus is an important step for any driver to take. In serious injury cases in which the defendant is uninsured or only has the minimum coverage, the plaintiff may need to name their own UM/UIM carrier in the proceeding. Since most people consider their insurance company to be on their side, it may come as an unpleasant surprise to learn that this process is often contentious, with their own insurance company essentially arguing the defendant’s position. However, enlisting knowledgeable legal representation from the outset may help you overcome many of the obstacles that may arise.Contact a Knowledgeable Personal Injury Attorney in Albuquerque
Filing a timely claim is extremely important in a personal injury case. Not only does the statute of limitations bar claims not filed within a certain time period, but also evidence may disappear over time, potentially devaluing a case or making it more challenging to meet the burden of proof. To talk about the details of your situation with an Albuquerque personal injury lawyer, call the Law Office of Andrew Ortiz, PC, at 505-242-1195 or contact us online today for a free consultation. We represent people in Bernalillo County and surrounding areas who need a car wreck lawyer, a trucking crash attorney, or assistance in dealing with the aftermath of any other type of accident.