An injury can change your life for the worse, but there is a way to set things right again. You can file an injury claim against the person who hurt you with the help of an Albuquerque personal injury attorney at Will Ferguson & Associates.
One of your worst fears has come true—you’ve been seriously injured in an accident. What are you going to do? You are likely dealing with the aftermath of your accident, which can be an overwhelming situation to be in. You may be in great physical pain, you’re looking at growing medical debt, and you haven’t been able to return to work.
How will you put this accident behind you? You may need to file a personal injury claim. Filing a claim can serve you in several ways: It can help you receive justice for your injury, you can protect others from also being injured, and you can receive financial compensation for all of the losses this accident has caused for you.
The personal injury claim process is a challenging one, though, and many feel overwhelmed at the thought of attempting it on their own. Fortunately, you don’t have to handle your case without legal help.
An Albuquerque personal injury lawyer at our distinguished law firm can investigate your accident, build your case, and fight for your right to maximum compensation.
Understanding Fault in ABQ Injury Claims
When someone harms you because of their careless, reckless, or intentional actions, the concepts that allows you to hold them accountable for your injuries is called negligence. By filing an injury claim in ABQ, you can seek damages from the person or people who caused you harm through their negligence.
First, however, you will need to gather evidence of fault and show the monetary value of the damages you’ve incurred because of your accident and related injuries.
There’s another law that affects your claim. It’s referred to as comparative negligence. This is when the negligence of each party involved in an accident is examined to determine the amount of fault that rests with each.
For example, if you and another person are involved in a vehicle wreck and are both found somewhat responsible, your damages can be limited by the amount of fault found with you. Let’s say you are found 45 percent at fault and the other party is found 55 percent at fault. You can only sue the other party for their 55 percent of the blame.
Common Personal Injury Case Types in Albuquerque, New Mexico
Different accident types fall under different areas of personal injury law, so it’s important to understand what type of personal injury case you have on your hands. For example, if you are harmed in a vehicle collision, your accident will be subject to car accident and insurance laws.
Some personal injury cases are more difficult to win than others, and some accident types have different laws and rules they must obey. For instance, medical malpractice cases often require extra steps.
Listed below are some of the more common types of personal injury claims in Albuquerque:
- Premises liability
- Product liability
- Nursing home abuse
- Vehicle collisions, including truck accidents and motorcycle wrecks
- Medical malpractice
- Wrongful death
Does the Severity of Your Injury Affect Your Case?
When you’ve been hurt in an accident, one of the reasons you will want to file a claim is to be compensated for all of the ways this accident and your injuries have negatively impacted your life. Severe injuries will likely equal greater financial losses for you, such as missed work wages and sky-high medical expenses.
If you suffer a catastrophic injury, it can affect your life for years. It can even impact your mental state. Serious injuries will affect your life more than a minor injury would, so this will influence how much your claim is worth. You deserve greater compensation for a life-altering injury.
Below, you’ll find a list of injuries often considered “serious” in personal injury claims:
- Severe burn injuries
- Traumatic brain injuries
- Broken bones
- Loss of a limb
- Internal organ damage
- Spinal cord injuries
What’s in an Average Personal Injury Settlement?
Your accident has likely caused you to suffer great losses. Some will be of a monetary nature, such as your medical treatment costs, and some will be of a non-monetary nature, such as your pain and suffering. By filing an injury claim, you are seeking to be compensated in full for all of your losses—not just some of them.
Your Albuquerque personal injury attorney will help you recover the compensation you deserve. The following are some common damages you can be compensated for by filing and winning an injury claim:
- Medical expenses related to your injuries
- Loss of income
- Loss of enjoyment of life
- Mental trauma
- Mental health treatment
- Physical therapy
- Caregiving costs
- Pain and suffering
- Property damage
These are just some of the damages for which you can seek compensation. Really, almost any hardship you’ve faced as a result of your accident and injuries warrants compensation. An experienced injury lawyer can help you make sure no damage is overlooked in your claim.
The Insurance Company’s Role in Your Case
To receive compensation for your injuries, you may need to first file your claim with the negligent party’s insurance company. For instance, if you are hurt while at a place of business, you may file the claim for compensation with the relevant business insurance policy. Although it’s possible to file such a claim on your own, it’s not easy.
A lot goes into insurance negotiations. If you aren’t experienced, you can be taken advantage of. Insurance companies want to keep their profits as high as possible, so they aren’t going to be volunteering any information that will put more money in your pocket. Insurers will do almost anything to reduce the value of your claim.
Unfortunately, insurance adjusters have many ways of keeping you from receiving fair compensation. They may try to record your statement to use against you, they may threaten to take you to court, or they may try to prove that your injuries aren’t as serious as you say they are. This is all in an effort to keep money in their own pockets.
Keep in mind that one of your attorney’s duties is to deal with the insurance company for you so you won’t have to worry about being taken advantage of. Your personal injury lawyer in ABQ will work tirelessly to see that you receive the compensation that’s owed to you.
Contact a Trusted Albuquerque Personal Injury Attorney
Your injury has devastated your life, but it is possible to piece things back together.
When you file an injury claim against the person to blame for your accident, you can receive the peace of mind that comes from knowing an at-fault party is being held accountable. You can also receive the compensation you need to move forward.
These cases can be difficult to win, and recuperating from your injuries is enough to deal with on its own. You can get the help you need with your claim by working with an Albuquerque personal injury lawyer. To schedule a free consultation, call Will Ferguson & Associates at 505-243-5566 or fill out the form below.