No one ever thinks a serious accident will happen to them…until it does. If you get hurt in an accident that was caused by the careless or wrongful actions of another person, you may be able to file a claim in pursuit of justice, accountability and financial compensation for your losses.
While every case is unique, there are several key steps that must be taken to properly file a personal injury claim in Albuquerque, New Mexico. Our Albuquerque personal injury attorneys can provide assistance at any stage of the process; contact the Fine Law Firm for a free initial consultation.
Seek Medical Treatment
The first thing you should do after any type of harmful accident is seek medical care. Go to the nearest hospital or emergency room in Albuquerque to have your injuries officially diagnosed and begin the recommended treatments.
Documenting your injuries is a critical part of a personal injury claim. Receiving treatment immediately after an accident helps establish a connection between the event and the injuries you wish to include in your personal injury claim.
Even if you initially feel uninjured after an accident, get medical attention in case of a hidden or delayed injury. If you wait to seek treatment, an insurance company may try to diminish the value of your claim based on the “failure to mitigate damages,” meaning you failed to prevent your injuries from getting worse by not seeking the appropriate treatment.
Report the Accident
As the plaintiff or filing party in a personal injury claim, you are given the burden of proof. This means it is your responsibility to prove the claim you are making. The burden of proof is “more likely to be true than not true.” It’s important to create a record of the event to establish your case. An accident report can provide evidence in your favor, such as a police officer’s opinion on which driver caused a car accident based on a traffic violation.
Report your accident to the correct authorities based on the circumstances. This could be the Albuquerque Police Department after a car accident, a store manager or property owner after a slip and fall, an animal control center after a dog attack, or your employer after a workplace accident. Ask for an official accident report. This will contain key facts and details about the accident that you can use to build your injury claim.
Start Gathering Evidence
A strong personal injury claim is built on compelling evidence. You may be able to collect certain types of evidence while you’re still at the scene of your accident.
Common types of evidence include:
- Photos of the accident scene and your injuries or property damage
- Footage from surveillance cameras or dashcams
- Statements and contact information from eyewitnesses
- Physical evidence
- The clothes and shoes you were wearing at the time
You should also write down a detailed description of events as you remember them, while the accident is still fresh in your memory.
Set Up a Free Consultation With an Albuquerque Personal Injury Lawyer
Once you gather the basic facts surrounding your case, bring your evidence (along with your medical records) to a free initial case consultation with a personal injury attorney. A lawyer can provide invaluable assistance throughout the claims process, from filing legal paperwork that initiates your claim to achieving a fair settlement through aggressive negotiations with an insurance company.
At The Fine Law Firm, we offer cost-free case reviews in Albuquerque, where you can receive personalized legal advice from an experienced attorney. We will listen to your accident story and determine whether your case has merit. From there, we can guide you through the steps required to file your claim in Albuquerque. As your attorneys, we will preserve your rights and advocate for your best interests every step of the way.
Identify the Defendant and File a Claim
The police, an insurance company or an attorney can investigate your accident to determine who is at fault or responsible. This party (or parties) will become the defendant(s) in your personal injury claim.
If fault is proven using evidence, the defendant’s insurance company may be held liable or financially responsible for your losses, including your medical bills, lost income, property damage, and pain and suffering.
You or your personal injury attorney will need to file an insurance claim or send a formal letter to the defendant(s), along with any relevant evidence, to initiate a lawsuit. The defendant will then have the chance to respond by either accepting or rejecting your claim.
Negotiate a Settlement
If the insurance company that receives your claim accepts responsibility, it will offer a settlement to resolve the legal dispute. It is typically in your best interest not to accept the first settlement offer, as they are often too low. Instead, negotiate the value of the settlement with assistance from an attorney.
Insurance companies use many tactics to reduce their liability for accident claims. It is important to recognize these strategies so that you can protect your rights and maximize your financial recovery. As a general rule, you should not give an insurance representative a recorded statement about your accident. You also should not sign anything, especially a Release of Liability Waiver. Speak to an attorney about your case before finalizing a settlement.
Prepare for Trial
The majority of personal injury claims in Albuquerque reach settlements, but if an insurance company is not offering a reasonable settlement value, you may benefit from taking your case to trial. Your case may also turn into a personal injury trial if there are complications, such as a high-value claim, multiple defendants, a liability dispute, a rejected claim or insurance bad faith.
A trial involves both parties presenting their cases and evidence to a judge or jury, who will decide if the defendant should be held liable. If it appears that your case requires a personal injury lawsuit, it is highly recommended to hire an experienced litigation attorney in Albuquerque to represent you during the court process.
A personal injury lawyer can help you achieve the best possible results for your case. To get started with a personal injury claim in Albuquerque, contact the Fine Law Firm for a no-cost, no-pressure case evaluation. If we offer to represent you, our law firm can take care of the claims-filing process and negotiations for you while you focus on healing.