If you have been seriously injured in Albuquerque, you may need the help of a lawyer to recover compensation from the at-fault party. Personal injury lawyers help accident victims protect their rights and resolve claims fairly. When you hire a lawyer, you gain an advocate who will act in your best interests, guide you through the process, and pursue the compensation you deserve.
Here are the many roles your lawyer will serve while handling your case.
Offers a Free Initial Consultation
During your initial consultation, a personal injury attorney will carefully listen to your account of the events leading up to and following your injury. This meeting is critical for establishing the foundation of your case.
The lawyer will evaluate the details of your claim and give you an honest assessment. They will help you understand whether you have a valid cause of action, the strength of your case, and anything they think may be an issue. The lawyer will also discuss your options and offer legal advice about your situation.
This first meeting is an opportunity to decide if the attorney is a good fit for you and better understand your legal options going forward.
Provides Legal Advice and Protects Your Rights
After hiring a lawyer, they will act as an advocate to protect your rights and best interests. Your personal injury lawyer will develop a strategy for your case, answer your questions, and provide guidance on the best path forward.
They will also explain important New Mexico statutes affecting your claim. This legal advice and insight are particularly important if your case is complex, you are being blamed for the accident, or you are unsure who can be held accountable.
An experienced attorney can also give you advice on actions to take or avoid that may harm your claim. They may advise you to follow all doctors’ recommendations and complete treatment, for example, and avoid posting anything on social media until your case is resolved.
Handles Paperwork and Communications
Your legal team will take care of all the paperwork and monitor deadlines associated with your claim. Your lawyer will also handle all communications with the insurance company and other parties.
Many injury victims inadvertently damage their claim by speaking to the insurance company without representation. However, adjusters are trained to minimize payouts.
Common tactics insurance adjusters may use to deny or devalue a claim include:
- Calling very soon after your accident: This is done to catch you off guard, hopefully, before you have spoken to a lawyer and before you know the extent of your injuries.
- Pretending to be your friend: The insurance adjuster will seem very helpful and concerned about you. They may even say they are accepting liability or agree with you about how your accident happened. This behavior is a tactic to lower your guard and make statements that will be used against you.
- Requesting a recorded statement: Never give a recorded statement without your lawyer. Recorded statements are problematic for many reasons. A slip of the tongue or the wrong choice of words can be used against you. They will also ask pointed questions designed to elicit specific answers that are twisted later.
- Requesting a signed medical authorization: The insurance company should not be granted unlimited access to your lifelong medical records. They will look for preexisting conditions and other irrelevant information from before your accident.
It’s also common for the adjuster to claim you were not as injured as you say, your injuries were not caused by the accident, you did not seek care fast enough, or otherwise try to limit coverage of medical treatment.
Your injury lawyer will help you avoid these common traps by handling all communications on your behalf.
Investigates Your Accident and Gathers Evidence
Your legal team will conduct an independent investigation into your accident. This is crucial to gather evidence establishing negligence and liability.
Your lawyer may look for the following types of evidence, depending on the circumstances:
- Witness statements
- Accident report
- Police report
- Your medical records
- Your employment records
- Surveillance footage
- Cell phone records
- Photos and videos of the scene
- Physical evidence
- Property maintenance records
- History of similar incidents or claims
- Commercial driver logs and maintenance logs
An experienced personal injury lawyer will work with accident reconstruction, medical, vocational, economic, and engineering experts, as needed. These specialists can provide expert testimony about how your accident occurred and the nature of your injuries.
Expert witnesses are often needed after complex car accidents and in cases involving medical malpractice, catastrophic injuries, or defective products.
Negotiates on Your Behalf
After calculating the full value of your damages and once you reach maximum medical improvement, your lawyer will prepare a settlement demand package. This package includes a compensation demand, facts about your case, supporting documentation, and your lawyer’s legal argument.
Your attorney will handle negotiations with the insurance company to pursue a fair settlement. They will seek maximum compensation but weigh it against the cost and time of proceeding to court.
During this process, your lawyer will keep you informed and review any offers from the insurance company. When a fair offer is made, you will sign a settlement agreement. Once the funds are received, your lawyer will make sure they are properly distributed to cover medical liens and legal fees. You will receive the remainder of the settlement.
Presents Your Case in Court If Necessary
If negotiations are unsuccessful, you may need to file a personal injury lawsuit. If your case goes this far, your attorney will represent you and prepare you for every stage of the legal process. This includes the discovery phase, depositions, pre-trial motions, and presenting your case before a jury.
Most personal injury cases are settled outside of court. Even if your lawyer proceeds to file a lawsuit, negotiations are likely to restart and result in a settlement agreement.
After a serious accident, you deserve legal representation to level the playing field with the insurance company. While the insurer will seek to devalue your claim, your lawyer’s job is to argue on your behalf for the money you are entitled to.
Our Albuquerque Personal Injury Lawyers Can Help With Your Case – Contact Jones Injury Attorneys Today for a Free Consultation
If you have been hurt and believe someone else was at fault, Jones Injury Attorneys is here to help you. Contact our law office at (505) 248-1400 for a free consultation with an Albuquerque personal injury attorney to discuss your case and what we can do for you. Our lawyers work on a contingency fee basis, so there is no out-of-pocket cost for getting the representation you need.