Albuquerque Personal Injury Attorneys
Tenacious Legal Representation in New Mexico
Our team at Atkinson, Baker & Rodriguez, P.C. has decades of experience handling matters of personal injury, ranging from the defense and prosecution of medical malpractice allegations to defending railroads in railroad crossing and FELA litigation. We therefore know how to effectively approach catastrophic injury and wrongful death cases from both sides, and our firm has the energy and resources to deliver the best possible results to our clients.
Some lawyers, whether plaintiff or defense, rarely try these cases and are only interested in monetary settlements. They fail to truly invest in their cases, and, as a result, they operate from a position of weakness. Our Albuquerque personal injury lawyers are always prepared to go to trial and win, and our adversaries know it. Our bold and creative representation has earned us the respect of our legal community, and we are happy to leverage the full extent of our firm’s resources when advocating for you.
Contact us online or call (505) 764-8111 to schedule a free initial consultation.
Immediate Steps After an Accident: Protect Your Rights
You must take proactive steps to protect your interests when you are involved in an injury-causing accident, regardless of whether you are the injured party or the party who caused injuries. In addition to thoroughly documenting the incident site and gathering each party’s contact information, you should also avoid making any unnecessary statements that could be later used against you.
For example, if you are injured, you should avoid saying things like “I’m okay” or “I don’t think it’s too bad” when asked. Conversely, if you appear to have caused the injuries, do not apologize or assume blame for the accident.
Once you have left the accident site, immediately seek a medical examination, even if you do not believe you sustained serious injuries. Not all injuries are perceptible, and you must link them to the accident. You must also contact a capable lawyer as soon as possible to discuss next steps. Our team at Atkinson, Baker & Rodriguez, P.C. is ready to take your call and knows how to handle many types of cases.
Our Albuquerque personal injury lawyers can represent you in litigation involving:
- Defective Products
- Complex Torts
- Catastrophic Injuries
- Wrongful Death
Recovering Damages in a New Mexico Personal Injury Lawsuit
If you suffered injuries in an accident caused by someone else, you are entitled to compensation under the law. The types of damages you may be able to obtain will depend on the specific circumstances of your case and the types of harm you sustained.
Depending on your situation, we can fight to recover compensation for:
- Medical bills and expenses
- Lost wages, including temporary and permanent reductions in earning capacity
- Physical and emotional pain and suffering
- Property damage
- Punitive damages
New Mexico only imposes damage caps in medical malpractice cases. In medical malpractice litigation, a plaintiff can only receive up to $600,000 in damages, excluding compensation for medical expenses and punitive damages. There is no damage cap for any other type of personal injury litigation.
How Personal Injury Litigation Works in New Mexico
When someone is injured due to another party’s negligence, the victim has a certain amount of time to file a lawsuit against the negligent party. In New Mexico, victims generally have up to three years from the date of the accident to initiate legal action. When a victim dies, their loved ones will have up to three years from the date of their passing to file a wrongful death lawsuit. Any lawsuits filed after these deadlines will likely be dismissed, so you should immediately explore your litigation options if you suffer injuries in an accident.
Courts in New Mexico follow “comparative negligence” rules. This means the court will evaluate each party’s role in causing the accident. The greater a party’s percentage of fault, the less they can ultimately receive in damages.
For example, say the court finds that the plaintiff is 25% “at fault” for causing the injury-causing accident. The court also determines the plaintiff’s total damages are valued at $100,000. However, because the plaintiff was 25% at-fault, they only receive 75% of the damages, or $75,000.
Many legal representatives attempt to settle these cases out of court for this and other reasons. Our Albuquerque personal injury lawyers will always pursue the most advantageous course of action in your case.
Ready for Justice? Contact Our Albuquerque Injury Lawyers Today
