An Albuquerque personal injury lawyer will help you secure fair compensation from an at-fault party. Learn about their role and what you stand to gain.
Personal injury law is a branch of tort law that deals with the injuries sustained from a negligent act. Victims usually pursue a personal injury claim with the help of an Albuquerque personal injury lawyer. If the personal injury claim is successful, they receive fair compensation from the at-fault party’s insurance company.
Working with a law firm may increase your chances of recovering fair compensation from a negligent party for all of your damages. Therefore, hiring legal services places you at an advantage and increases your chances of winning the claim or civil lawsuit.
What Is a Personal Injury?
Personal injury is an area of law that covers physical, emotional, and reputational harm. However, not every injury classifies as a personal injury. For an injury to fall under the “personal injury” description, several factors must be present.
Firstly, the injured person must not be completely responsible for the accident. Secondly, the responsible party must have caused the accident through negligence or wrongful conduct.
To receive compensation for an injury, you must prove that your injury is admissible under the personal injury law. In addition, you or your Albuquerque personal injury lawyer must have compelling evidence to show that the defendant failed to act or acted wrongly. You must also link these wrongful actions or inactions to the accident and injuries suffered.
What Are the Types of Personal Injuries Cases?
When we talk about personal injuries, a motor vehicle accident is usually the first thing that comes to mind. However, there are several other kinds of personal injuries beyond auto collisions. Below, we discuss the various ways personal injury matters arise.
Car Accidents
Car accidents produce some of the most catastrophic injuries in Albuquerque. Common car accident injuries include traumatic brain injuries, spinal cord injuries, amputations, and burns. Examples of motor vehicle accidents are:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accident
Whether you were injured as a driver, a passenger, or a pedestrian, you have a right to hold the at-fault road user responsible. You can receive compensation for many types of car accident injuries if you file a claim. But first, enlist the help of a reputable Albuquerque auto accident attorney.
Medical Malpractice
Medical malpractice refers to substandard medical care. Medical facilities and professionals can commit errors that either lead to death or injuries. It is the responsibility of medical personnel such as doctors, nurses, and technicians to ensure the safety of their patients.
Medical professionals must adhere to the ethical standards of their professions. They must also maintain alertness in the discharge of their duties. Medical malpractice happens when a medical professional misdiagnoses a patient, is careless during a childbirth procedure, or prescribes the wrong medication.
The most common medical malpractice cases happen in the surgery room. Surgical procedures are pretty delicate. For this reason, many argue that there are no “minor surgeries.”
Suppose you have suffered any injury from a surgical error or medical malpractice. Your personal injury lawyer in Albuquerque will prove that medical personnel failed to meet acceptable standards. Your lawyer will also show that these malpractices played a role in causing your injury. You will recover money spent on medical bills and other financial losses if successful.
Premises Liability
Premises liability is a category of personal injuries caused by poor safety measures the public and private properties. Property owners owe it to their visitors to ensure that their properties are safe for use. Examples of property liability injuries include slip and fall accidents, dog bites, and accidents in amusement parks.
Many other circumstances can lead to premises liability cases. Other examples include accidents to visitors due to poorly maintained walkways and faulty electrical installations.
Product Liability
Product liability is a category of personal injury involving any harm caused by a faulty or defective product. Faulty products can cause death and severe injuries to consumers.
Therefore, designers and manufacturers owe it to consumers to design, produce, and market products that are reasonably safe for use. Unlike other personal injury cases, you do not need to prove negligence or malice to win monetary compensation.
Product liability cases can take several dimensions, such as:
Design Defects
Design defects involve the use of an unsafe design for the manufacture of products. The safety of a product begins with its planning and design. The whole product line is affected when a design is dangerous. One example of a design defect is an SUV with a wheelbase that is more likely to cause a rollover. The product’s designer and not the manufacturer are liable for design defect injuries.
Manufacturing Defects
Manufacturing defects stem from an unintended difference in the manufacture of a product. In manufacturing defects, one or few products in the product line deviate from the design. These deviations can cause harm and even death. Examples include wrongly formed plastic products and attaching the wrong bolts to an appliance.
Lack of Proper Warning
A product’s marketer may hide or fail to warn about a risk associated with using a product adequately. Manufacturers must also provide clear warning labels or statements to help consumers stay safe. Manufacturers and marketers who fail to do so are liable.
False Claims
It arises when a marketer or manufacturer exaggerates the ability or benefits of a product. These false claims could lead consumers to utilize a product dangerously. Mishaps from false claims can lead to injuries or even death.
Aside from the above, you can also demand compensation benefits if you or a loved one are the victim of a workplace accident or nursing home abuse. Proving fault in either of the two requires the expertise of an Albuquerque personal injury lawyer. Reach out to a personal injury law firm for expert legal advice on your case.
How Does an Albuquerque Personal Injury Lawyer Prove Fault in an Injury Claim?
You cannot get proper compensation in a personal injury claim if you cannot prove who was at fault. Insurance adjusters will often try to blame you. In a product liability case, the manufacturer’s experienced team will also try to shift the blame.
Therefore, you must know how to show the responsible party’s fault; of course, getting legal representation always helps. The following are what you need to show negligence:
- Establish that the at-fault party owed you a duty of care
- Show that they breached the duty of care
- Next, you must establish the breach and how it caused your injuries
- Finally, you must show that you suffered monetary damages
You must prove these four things to get an injury settlement. However, you cannot recover compensatory damages if you establish the first three without the last factor. This is because there was no injury for which the negligent party should compensate you.
What Type of Compensation Can You Receive in a Personal Injury Claim?
Under New Mexico law, injured parties can receive an adequate settlement through settlement negotiations or a trial verdict. The financial compensation covers economic and non-economic damages. You can also receive punitive damages.
Economic Damages
Economic damages refer to losses with a fixed dollar amount. This is because receipts show the exact amount the victim lost. Examples of losses you can get a monetary award for are:
- Medical expenses
- Lost wages
- Property damage
- Rehabilitation costs
- Cost of medical equipment
- Loss of earning capacity
Where the victim dies, their legal beneficiaries are entitled to burial and funeral costs in addition to some of the above. However, an Albuquerque personal injury lawyer will help them commence a wrongful death claim instead of filing a personal injury lawsuit.
Non-Economic Damages
Unlike economic damages, this compensation covers non-tangible losses with no fixed dollar value. Non-economic damages are harder to calculate, but an Albuquerque personal injury lawyer will have a formula for doing so. This settlement covers:
- Pain and suffering
- Diminished quality of life
- Emotional anguish
- Mental distress
- Loss of household services
- Loss of enjoyment of life
- Loss of consortium
- Loss of companionship, etc.
Punitive Damages
Punitive damages punish an at-fault party for their gross, malicious, or intentional conduct that harmed another person. It also serves as a deterrent to prevent similar actions in the future. Insurance companies do not pay punitive damages. You can only get it through a jury award in a personal injury lawsuit.
What Is the Role of an Albuquerque Personal Injury Lawyer?
Getting high-quality legal representation can be helpful to recover a reasonable settlement. However, many injury victims prefer to represent themselves. While nothing is wrong with this, you may create more problems if you lack an in-depth understanding of the legal process and applicable laws.
Therefore, it is recommended to leave legal matters to experienced attorneys. When you do, they will do the following for you:
- Protect your legal rights and interests
- Investigate the claim and gather the proof needed to establish fault
- Estimate the proper value of your case
- Represent you during settlement negotiations and court trial
- Appeal the case if the trial court gives an unfavorable judgment
- Explain the law and other legal jargon to you
Most importantly, an Albuquerque personal injury lawyer offers compassionate and aggressive representation. Therefore, you can trust them to handle your case while you recover from your injuries.
How Much Does It Cost to Hire an Albuquerque Personal Injury Lawyer?
Legal fees are one of the reasons victims shy away from hiring an attorney. However, most injury attorneys only charge a percentage of the settlement amount. This is because they work on a contingency fee basis.
Contingency fees also mean they do not get paid until they receive the settlement check. So, expect your lawyer to take between 33% to 40% of the compensation. But note that the payment does not cover the administrative cost incurred while handling the case.
Do You Need Legal Help? An Albuquerque Personal Injury Lawyer at Herring Law Firm Is Here for You
If you or a loved one are the victim of negligent action, an experienced attorney at Herring Law Firm may be able to help you get maximum compensation. We will go all out to get you what you deserve. Call today and book a free initial consultation with an Albuquerque personal injury lawyer today.