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Atkinson, Baker & Rodriguez, P.C. Atkinson, Baker & Rodriguez, P.C.
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Albuquerque Personal Injury Attorneys

Over 30 Years Litigating Both Sides. A 95% Success Rate.

Our team at Atkinson, Baker & Rodriguez, P.C. has spent decades handling personal injury matters from both sides of the courtroom. This includes defending medical malpractice allegations and representing railroads in railroad crossing and FELA litigation. That dual-sided experience gives us a concrete understanding of how opposing counsel approaches catastrophic injury and wrongful death cases, and we use it to build stronger trial strategies. In practice since 1992, we have the resources and the drive to pursue every case fully.

Some lawyers, plaintiff or defense, rarely try cases and are only interested in settling. They fail to truly invest in their clients’ situations, and they litigate from a position of weakness. Our Albuquerque personal injury lawyers are prepared to go to trial when needed, and our adversaries know it. Our bold, creative representation has earned us the respect of the Albuquerque legal community, and we’re ready to leverage the full extent of our resources when advocating for you. Our attorneys are recognized by Best Lawyers in America©, Southwest Super Lawyers©, and Chambers & Partners©.

Call (505) 764-8111 to schedule a consultation with our Albuquerque personal injury attorneys.

What to Do Immediately After an Accident

Whether you were injured or you may have caused someone else’s injuries, the steps you take in the hours after an accident can have lasting consequences for your case. Document the scene thoroughly, collect contact information for every party involved, and avoid any statement that could later be used against you.

At the Scene

If you were injured, don’t say things like “I’m okay” or “I don’t think it’s too bad” when asked. If you may have caused the injuries, don’t apologize or admit fault. Seemingly casual remarks can become damaging admissions.

After Leaving the Scene

Seek a medical examination right away, even if you don’t believe you were seriously hurt. Not all injuries are immediately apparent, and medical records linking the injury to the incident are critical to any claim. Contact a capable attorney as soon as possible to discuss your options. Our team at Atkinson, Baker & Rodriguez, P.C. is ready to take your call and knows how to handle many types of personal injury cases.

Our Albuquerque personal injury lawyers can represent you in litigation involving:

Recovering Damages in a New Mexico Personal Injury Case

If you were hurt in an accident caused by someone else, New Mexico law may entitle you to compensation. We fight to recover damages across the full range the law permits. Our success rate is over 95 percent, and we’ve recovered millions for clients across New Mexico.

Depending on your situation, we can fight to recover compensation for:

  • Medical bills, future medical expenses, and ongoing care costs
  • Lost wages, including temporary and permanent reductions in earning capacity
  • Physical and emotional pain and suffering
  • Loss of enjoyment of life and loss of consortium
  • Property damage
  • Punitive damages, where the conduct warrants them

New Mexico imposes damage caps only in medical malpractice cases. The structure is tiered. For independent health care providers such as individual physicians, non-medical, non-punitive damages are capped at $750,000, inflation-adjusted annually beginning in 2023. For independent outpatient health care facilities, including urgent care centers, ambulatory surgical centers, and free-standing emergency rooms not controlled by a hospital, the cap is $1 million effective January 1, 2024, also adjusted annually for inflation. Medical expenses and punitive damages are excluded from all caps. No damage cap applies to any other type of personal injury litigation in New Mexico.

How Personal Injury Litigation Works in New Mexico

Two rules shape nearly every personal injury case filed in this state: the statute of limitations and New Mexico’s comparative negligence standard. Understanding both early can help protect your right to recover.

Filing Deadlines & the Statute of Limitations

New Mexico gives injured parties up to three years from the date of the accident to file a lawsuit under NMSA 1978, Section 37-1-8. When a victim dies, their loved ones have up to three years from the date of death to file a wrongful death claim. Lawsuits filed after these deadlines are typically dismissed, so don’t wait to explore your options.

Claims against a state or local government agency carry a shorter deadline. Under the New Mexico Tort Claims Act, injured parties generally have two years to file and must provide written notice of the claim within 90 days of the incident before suit can proceed. Missing either deadline can permanently extinguish the right to recover.

New Mexico’s Pure Comparative Negligence Rule

New Mexico follows pure comparative negligence, meaning each party’s share of fault is assessed individually. A plaintiff’s damages are reduced in proportion to their percentage of fault, but they retain the right to recover even when partially responsible for the accident.

For example, if the court finds the plaintiff 25% at fault and total damages are valued at $100,000, the plaintiff receives 75% of that amount, or $75,000.

Why Complex Cases Benefit from a Full-Service Firm

Complex torts, products liability claims, and catastrophic injury cases can generate enormous volumes of medical records, expert reports, and documentary evidence. Atkinson, Baker & Rodriguez, P.C. integrates technology built for demanding, document-heavy litigation. This means nothing gets lost, and no detail goes unexamined as a case moves toward trial or settlement.

Our capabilities extend beyond the courtroom. When negotiation or mediation better serves a client’s interests, we bring the same preparation and strategic thinking to the table that we would at trial. That flexibility is backed by a track record above 95 percent and millions recovered for clients across New Mexico.

Atkinson, Baker & Rodriguez, P.C. has been part of the New Mexico community since 1992. We give back through charitable initiatives and remain committed to the people and communities we serve. If you’re facing a personal injury matter in Albuquerque or anywhere in New Mexico, call us at (505) 764-8111 to speak with one of our attorneys about your situation.

Ready to talk? Contact our Albuquerque personal injury attorneys today.