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Albuquerque Personal Injury Lawyer
When You Need One of the Best Albuquerque Personal Injury Lawyers – You Choose Goldberg & Loren.
Our Albuquerque Personal Injury Law Firm
With over 30 years of experience in personal injury law, Goldberg & Loren is an Albuquerque law firm dedicated to helping injured victims pursue their legal rights.
Our team of experienced attorneys has earned a reputation for excellence in the courtroom and is known for their commitment to aggressive advocacy for their clients.
We understand the financial, physical, and emotional toll that an accident can have on your life – we will be with you every step of the way.
We represent clients on a contingency basis, meaning that we only collect a fee if we secure you a settlement or an award.
Call Goldberg & Loren today at (505) 421-3698 for a free consultation.
Types of Albuquerque Personal Injury Cases We Handle
Personal injury cases in Albuquerque, New Mexico can encompass a wide range of potential claims. The most common personal injury cases involve car accidents, falls, medical malpractice, defective products, and intentional acts of violence.
Albuquerque has a poor reputation for road safety. U.S. News and World Report listed the city as the second-most dangerous city for drivers, worse than bigger and more crowded cities like Phoenix, Dallas, and Los Angeles. It earned this spot by having the highest fatality rate in the nation based on vehicle miles traveled. [1]
The 2021 Community Crash Report for Albuquerque reported 13,955 total traffic accidents. These include [2]
- Car Accidents: Car accident lawsuits are the most prevalent type of personal injury case in the United States. They involve a driver who’s careless, reckless, or otherwise negligent in their operation of a vehicle, causing an accident and resulting in the injury of another person.
- Truck Accidents: Truck accident cases are similar to car accident claims, but can involve additional complexities due to the size and weight of a truck. The federal government regulates the operation of commercial trucks for safety purposes, making it important for attorneys representing injury victims to have an in-depth understanding of applicable regulations.
- Motorcycle Accidents: Motorcycle accidents also present unique challenges. Since motorcycles offer less protection than other vehicles, the consequences of a collision can be more severe for riders. Additionally, drivers may not always take motorcyclists seriously or yield to them as they should while on the road.
- Pedestrian Accidents: When a vehicle hits a person walking on the sidewalk or a crosswalk, severe injuries tend to occur. This type of injury commonly happens due to distracted, drowsy or drunk driving and often in low-light conditions.
Others include:
- Dog Bites: Dog bite and animal attack cases fall under the personal injury umbrella. Homeowners can be held liable when their pets injure another person, so it’s important to take legal action as soon as possible after an incident occurs.
- Slip and Falls: Slip and falls are common types of premises liability cases. These generally involve an individual who slips on a wet floor or trips over an obstacle, due to someone else’s failure to keep the premises safe.
- Medical Malpractice: Medical malpractice cases involve a medical professional who fails to provide an adequate level of care, resulting in injury or illness for their patient.
- Defective Products: Defective product cases involve products that are sold with a defect that causes injury when used as intended. These can be anything from a malfunctioning household appliance to an automobile with faulty brakes.
- Intentional Acts of Violence: Intentional acts of violence occur when one person deliberately causes injury or harm to another. These types of cases often involve assault, battery, false imprisonment, and other related actions.
- Wrongful Death: Wrongful death cases involve the tragic loss of a loved one due to another’s negligence or intentional act. These types of cases can be emotionally and financially difficult for survivors, as they are typically forced to bear the costs associated with their loved one’s passing.
Personal Injury Laws You Should Know about in Albuquerque
In Albuquerque, as in the rest of New Mexico, several key personal injury laws and regulations are important to understand if you’re involved in an accident or seeking compensation for injuries. Here are some essential laws:
- Comparative Fault: New Mexico follows a comparative fault rule, which means your compensation may be reduced in proportion to your percentage of fault for the accident. [3] However, you can still recover damages even if you were partially at fault, as long as your fault is less than the combined fault of other parties.
- No-Fault Insurance: New Mexico is not a no-fault state, meaning the person who caused the accident is typically responsible for compensating victims for their injuries and damages. You can pursue a claim against the at-fault party’s insurance or file a lawsuit if necessary.
- Caps on Damages: New Mexico does not have statutory caps on damages in personal injury cases, except for medical malpractice cases, where there are specific limits on non-economic damages. New Mexico has put in place a cap of $750,000 on many types of damages available to a medical malpractice plaintiff who succeeds in a lawsuit against an independent provider. [4]
- Dram Shop Laws: New Mexico has laws that hold establishments liable for injuries caused by individuals who were served alcohol unlawfully or negligently. This can be relevant in cases involving drunk driving accidents. [5]
- Dog Bite Laws: In Albuquerque and New Mexico, dog owners can be held strictly liable for injuries caused by their dogs, regardless of whether the dog has shown aggression before, as long as the victim was lawfully on the premises or in a public place.
- Wrongful Death: New Mexico law allows surviving family members to file a wrongful death lawsuit if a loved one dies due to another party’s negligence or misconduct. Damages can include compensation for funeral expenses, loss of financial support, and emotional distress.
- Product Liability: If you’re injured by a defective product in Albuquerque, you may have grounds for a product liability claim against the manufacturer, distributor, or retailer under New Mexico’s product liability laws.
Common Types of Albuquerque Personal Injury Claims
Personal injury cases typically involve injuries that arise out of another person’s negligence or recklessness.
Some common types of injuries people suffer in accidents are as follows:
- Amputation Injuries
- Broken bones
- Burns
- Catastrophic Injuries
- Head and Brain Injuries (TBI)
- Knee Injury
- Nerve damage
- Post Traumatic Stress Disorder
- Shoulder Injuries
- Soft tissue damage
- Spinal Cord Injuries
- Whiplash
Table of Contents
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Our Albuquerque Personal Injury Law Firm
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Types of Albuquerque Personal Injury Cases We Handle
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Personal Injury Laws You Should Know about in Albuquerque
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Common Types of Albuquerque Personal Injury Claims
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How Insurance Companies Lower Your Personal Injury Settlement in Albuquerque
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Statute of Limitations on Personal Injury in New Mexico
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How to Prove Liability in Albuquerque Personal Injury Cases
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What Can You Recover in an Albuquerque Personal Injury Case?
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How Can An Albuquerque Personal Injury Lawyer Help?
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How it Works
Related Information
How Insurance Companies Lower Your Personal Injury Settlement in Albuquerque
Insurance companies often employ several tactics to minimize the settlement amount they pay for personal injury claims in Albuquerque.
Here are some ways they typically try to achieve this:
- Early Settlement Offers: Insurance companies may approach you soon after the accident with a quick settlement offer. These offers are often low and designed to resolve the claim before you fully understand the extent of your injuries and damages.
- Disputing Liability: Insurers may try to dispute or minimize their policyholder’s liability for the accident. They may argue that their insured was not at fault or that you contributed to the accident, which could reduce the amount of compensation you are entitled to receive.
- Downplaying Injuries: Insurance adjusters may downplay the severity of your injuries to justify offering a lower settlement amount. They may use your medical records or statements from their medical experts to argue that your injuries are less serious than claimed.
- Delaying Tactics: Insurance companies may intentionally delay the claims process to pressure you into accepting a lower settlement. They may request unnecessary documentation or multiple rounds of negotiations to wear you down.
- Offering Quick Payments: They might offer immediate payments for medical bills or property damage, hoping you’ll accept these without considering future expenses like ongoing medical treatment or lost wages.
- Using Recorded Statements: Insurers may request recorded statements where they ask questions designed to elicit responses that could weaken your claim. They might use these statements to undermine your credibility or the severity of your injuries.
- Lowballing Damages: Even if liability is accepted, insurers may undervalue your damages such as medical expenses, lost wages, pain and suffering, and emotional distress. They might use internal formulas or software to calculate settlements that are lower than what you deserve.
- Offering Lump Sum Payments: While lump sum settlements can seem appealing, they often do not account for future medical expenses or ongoing loss of income. Insurers may push for these to close the case quickly and at a reduced cost.
- Threatening Litigation: If negotiations stall, insurers may threaten that their final offer is the best you can get and that further legal action could result in less compensation or no compensation at all.
Consult with our personal injury attorney in Albuquerque. Our personal injury attorneys can advocate on your behalf, negotiate with insurance companies, and help you understand the true value of your claim based on the specifics of your case and New Mexico law.
Statute of Limitations on Personal Injury in New Mexico
The Statute of Limitations is the time limit you have to file an injury claim or to seek damages for your injuries.
In New Mexico, the Statute of Limitations for filing a personal injury claim is generally three years from the date of the accident. [6]
This time limit can vary in certain circumstances, so discuss your case with our experienced personal injury attorney as soon as possible.
How to Prove Liability in Albuquerque Personal Injury Cases
Proving liability in personal injury cases in Albuquerque involves gathering evidence to demonstrate that another party was responsible for causing your injuries due to their negligence or wrongful actions.
Here are the key steps and considerations to prove liability:
- Establish Duty of Care: Show that the defendant owed you a duty of care. For example, drivers have to operate their vehicles safely, property owners must maintain safe premises, and healthcare providers must provide competent medical care.
- Breach of Duty: Demonstrate that the defendant breached their duty of care. This typically involves showing that their actions (or inaction) fell below the standard expected of a reasonable person in similar circumstances. For instance, a driver who runs a red light or a property owner who fails to fix a known hazard may breach their duty of care.
- Causation: Establish a causal connection between the defendant’s breach of duty and your injuries. You must demonstrate that the defendant’s actions or negligence directly caused or substantially contributed to your injuries. This often requires medical evidence linking your injuries to the incident.
- Damages: Prove the extent of your damages resulting from the injuries. This includes medical bills, lost wages, pain and suffering, emotional distress, and any other losses you have incurred due to the accident.
Steps to Prove Liability
- Gather Evidence: Collect evidence that supports your claim, such as photographs of the accident scene, witness statements, accident reports (police reports if applicable), and medical records documenting your injuries.
- Witness Testimony: Eyewitness accounts can provide critical support for your version of events and help establish how the accident occurred.
- Expert Witnesses: Depending on the complexity of the case, expert witnesses such as accident reconstructionist, medical professionals, or engineers may be needed to provide specialized knowledge or opinions.
- Documentation: Keep thorough records of all medical treatment related to your injuries, including diagnoses, treatments, prescriptions, and any ongoing rehabilitation or therapy.
- Communications: Maintain records of all communications with the other party, their insurance company, and any relevant authorities. This includes correspondence, emails, and notes from phone calls.
- Legal Guidance: Consider consulting with our personal injury attorney who is familiar with Albuquerque laws and procedures. Our experienced injury lawyer will assess your case, gather evidence, handle negotiations with insurance companies, and represent you in court if necessary.
What Can You Recover in an Albuquerque Personal Injury Case?
In Albuquerque, personal injury cases allow victims to seek compensation, known as damages, for various losses incurred due to the negligence or wrongful actions of another party.
Here’s a detailed breakdown of the types of damages that may be available in a personal injury case in Albuquerque:
Economic Damages
- Medical Expenses: This includes all costs related to medical treatment for your injuries, such as hospital bills, surgeries, doctor visits, medications, rehabilitation, and therapy.
- Lost Earnings: If your injuries have prevented you from working or have reduced your earning capacity, you can seek compensation for lost wages, including both current and future earnings.
- Property Damage: If any of your property (e.g., vehicle) was damaged in the accident, you can claim the cost of repairs or replacement.
- Other Financial Losses: This may include out-of-pocket expenses directly related to your injury, such as transportation costs for medical appointments or modifications to your home if needed due to your injuries.
Non-Economic Damages
- Pain and Suffering: Compensation for physical pain and emotional suffering caused by the injuries, including chronic pain, discomfort, anxiety, and emotional distress.
- Loss of Enjoyment of Life: If your injuries have affected your ability to participate in activities you once enjoyed, you may seek damages for the loss of quality of life.
- Loss of Consortium: If your injuries have negatively impacted your relationship with your spouse, they may be entitled to compensation for loss of companionship or support.
Punitive Damages
In rare cases, punitive damages may be awarded to punish the defendant for egregious misconduct or to deter similar future behavior. However, New Mexico law typically limits punitive damages to cases involving intentional wrongdoing or gross negligence.
How Can An Albuquerque Personal Injury Lawyer Help?
At Goldberg & Loren, our Albuquerque personal injury lawyers bring over 30 years of combined experience to advocate for individuals injured due to negligence or wrongful actions. Here’s how our dedicated team can assist you:
- Legal Expertise and Experience: With over three decades of practice, our attorneys have extensive knowledge of New Mexico personal injury laws and the local court systems. We leverage this experience to craft effective strategies tailored to your case’s unique circumstances.
- Comprehensive Case Evaluation: Our personal injury attorney will conduct a thorough evaluation of your case during a free initial consultation. We assess liability, analyze damages, and outline a strategic plan to pursue maximum compensation on your behalf.
- Skilled Negotiation with Insurance Companies: Insurance companies often aim to minimize payouts. Our attorneys handle all negotiations and communications with insurers, ensuring your rights are protected and fighting for a fair settlement that covers your medical expenses, lost wages, and other damages.
- Aggressive Legal Advocacy: If a fair settlement cannot be reached, our personal injury attorneys are prepared to advocate for you in court. We present compelling arguments, cross-examine witnesses, and advocate vigorously to secure the compensation you deserve.
- Contingency Fee Basis: We understand the financial strain of a personal injury. That’s why we operate on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we successfully recover compensation for you, aligning our interests with yours.
Our team provides compassionate support and clear guidance throughout the legal process. We keep you informed, address your concerns, and ensure you understand your options every step of the way.
If you’ve been injured in Albuquerque, let our experienced personal injury lawyers at Goldberg & Loren fight for your rights and pursue the justice and compensation you deserve. Schedule your free consultation today to discuss your case and learn how we can help.
How it Works
- Book a Free Consultation: Secure an initial meeting to talk about your case with one of our experienced attorneys.
- Customized Legal Strategy Formation: Work together with our team to devise a legal approach tailored to your individual circumstances.
- Strong Advocacy: Join forces with us as we defend your rights and endeavor to obtain equitable compensation on your behalf.
FAQs
A personal injury lawyer specializes in legal representation for individuals who have been physically or psychologically injured due to the negligence or wrongdoing of another person, company, government entity, or organization.
Hire a personal injury lawyer as soon as possible after an accident or injury. They can help protect your rights, gather evidence, negotiate with insurance companies, and navigate the legal complexities of your case.
The value of your personal injury case depends on factors such as the severity of your injuries, medical expenses, lost wages, pain and suffering, and other damages. A lawyer can evaluate your case and provide an estimate of its potential value.
While it's possible to handle a personal injury claim on your own, having a lawyer significantly increases your chances of obtaining fair compensation. They have the legal expertise, resources, and negotiation skills to maximize your recovery.
Look for a lawyer with experience handling cases similar to yours, a track record of success, positive client reviews, and who offers personalized attention to your case. Choose someone you feel comfortable working with and who communicates well.
Sources:
[1] Least Safe Cities for Drivers. (n.d.). US News. Retrieved June 27, 2024, from https://www.usnews.com/insurance/auto/safest-least-safe-cities-for-drivers-study
[2] SafeRoadsUSA. (2023, November 1). Albuquerque Road Safety Overview. Safe Roads USA. https://www.makeroadssafe.org/albuquerque-road-safety-overview/
[3] 2011 New Mexico Statutes :: Chapter 41: Torts :: Article 3A: Several Liability, 41-3A-1 through 41-3A-2 :: Section 41-3A-1: Several liability. (n.d.). Justia Law. https://law.justia.com/codes/new-mexico/2011/chapter41/article3A/section41-3A-1
[4] Goguen, D. (2022, May 12). New Mexico Medical Malpractice Laws. www.nolo.com. https://www.nolo.com/legal-encyclopedia/new-mexico-medical-malpractice-laws.html
[5] 2006 New Mexico Statutes – Section 41-11-1 — Tort liability for alcoholic liquor sales or service. (n.d.). Justia Law. https://law.justia.com/codes/new-mexico/2006/nmrc/jd_41-11-1-efd1.html
[6] 2023 New Mexico Statutes :: Chapter 37 – Limitation of Actions; Abatement and Revivor :: Article 1 – Limitations of Actions :: Section 37-1-8 – Actions against sureties on fiduciary bonds; injuries to person or reputation. (n.d.). Justia Law. https://law.justia.com/codes/new-mexico/chapter-37/article-1/section-37-1-8/
Goldberg & Loren
4801 Lang Ave NE UNIT 110,
Albuquerque, NM 87109
(505) 317-5813
We understand that an unexpected accident can cause you financial hardship. That's why we work on a contingency fee. You pay nothing, unless we win.
We Represent Clients That Suffered Personal Injuries in the Following Cities and Communities near Albuquerque, NM
- Northeast Heights
- Southeast Heights
- Northwest Albuquerque
- Southwest Albuquerque
- North Valley
- South Valley
- Downtown Albuquerque
- Uptown Albuquerque
- Westside
- Far Northeast Heights
- Near Northeast Heights
- Far Northwest Heights
- Near Northwest Heights
- Rio Rancho
- Los Ranchos de Albuquerque
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