Filing an Albuquerque personal injury claim can be daunting, but having a clear understanding of the steps involved and what to anticipate can help.
Initial Consultations and Hiring an Attorney
The first step is the initial consultations. These are crucial meetings where you discuss the specifics of your case and determine which attorney you will hire. Bring any documents or evidence you have – medical records, accident reports, photographs – anything that could be relevant. This meeting sets the foundation for what follows. Your Albuquerque personal injury attorney will thoroughly assess the viability of your case and set your expectations regarding the potential outcomes.
Investigation and Evidence Gathering
The heart of building a strong case lies in the investigation phase. This involves your lawyer collecting crucial evidence— such as medical records, accident reports, witness statements, surveillance footage, and, in some cases, expert opinions. The thoroughness of the investigation and strength of the evidence can significantly impact the case’s outcome.
After compiling the evidence and building your case, your attorney will draft a demand letter once you have recovered or reached maximum medical improvement (MMI). This letter is a formal communication sent to the opposing party or their insurance company, outlining the details of your case and requesting a specific amount of compensation for your injuries and damages to resolve the claim.
The demand letter will typically initiate back-and-forth negotiations. This phase is crucial in working towards a fair and just settlement. Your lawyer will carefully evaluate any offers and give you informed advice on whether the offer aligns with the true value of your case and whether it is in your best interests to accept or continue negotiations.
Approximately 95 percent of personal injury cases are resolved before trial. If you can reach a favorable settlement, your attorney will prepare an agreement outlining its terms. Both parties will sign the agreement, and then funds will eventually be disbursed.
If trial is necessary, your attorney will prepare your case by selecting witnesses, finalizing the trial strategy, and ensuring all evidence is organized and compelling. At trial, they will present your case, including opening statements, presentation of evidence, witness testimonies, and closing arguments.
Verdict and Appeal
A judge or jury will make the final decision based on the presented facts and arguments and the amount of compensation to be awarded if the outcome is in your favor. If either party is dissatisfied with the ruling, there may be an option to appeal the decision. As a result, it is challenging to provide a precise timeframe for when you will receive payment after a favorable verdict. In some cases, it might be a matter of weeks, while in others, it could take months or even years.
If you or someone you know has been injured due to the negligence of another party and are considering filing a personal injury claim, speak to an experienced Albuquerque Personal Injury Lawyer. They can guide you through the process and ensure you recover the compensation you deserve. Contact us today.
Do you have a case?
Find out in 3 easy steps if you have a case.
All fields are required. If you need immediate assistance, do not hesitate to call us.
Note: Completing this form does not create an Attorney-Client Relationship