Personal Injury Lawyer Serving Rio Rancho, New Mexico

How to Prove Negligence Played a Role in Your Accident

Negligence and severe injuries are challenging to prove in an accident injury case. However, doing so can allow you to recover critical damages, such as mental anguish, pain, suffering, and lost enjoyment of life. If you were deprived of any losses, you deserve an equitable sum.

Your personal injury attorney serving Rio Rancho will investigate your accident and preserve evidence to prove that your case meets the following four (4) elements of negligence:

1. Duty

Duty of care refers to the responsibility someone has toward you to act safely and conscientiously. For example, drivers hold a duty of care toward other drivers, and property owners maintain a duty toward site visitors and guests.

2. Breach

If a breach occurred, the at-fault party could potentially cause an accident. For example, distracted driving or a store owner not putting out a warning sign for wet floors are breaches. In the eyes of the law, a breach should never happen.

3. Causation

If the breach in duty of care caused your accident, your case meets another element of negligence. Causation is another wildly disputed area of a personal injury case since the at-fault party can deny responsibility to reduce the amount that they owe you.

4. Damages

Damages are the financial and emotional losses you endured due to the accident. You cannot file a personal injury claim unless someone causes you to lose money. Recoverable damages include lost wages, medical bills, pain and suffering, and punitive damages, depending upon the facts of your case.

How the Personal Injury Settlement Process Works

A personal injury case can endure a few phases. It is helpful to know what to expect if you’re about to engage in the settlement negotiation process. This strategy will also help you be more emotionally prepared for the legal fight toward justice ahead of you.

Below, we have outlined several steps to anticipate:

Step 1. Determine if You Have a Case

The most helpful place to start is determining if you have a case. You can get a quick answer by contacting a personal injury lawyer serving Rio Rancho at Grano Law Offices, P.C. for a Free Case Evaluation. We can do a high-level review of the facts and listen to your account of events.

Step 2. Hire a Personal Injury Lawyer

If we determine that you have a case during the Free Case Evaluation, our legal will recommend our legal services to you or your loved ones. Your personal injury lawyer for Rio Rancho will not request any form of advance payment since we take cases on a contingency fee basis. You will owe us nothing for our resources until you win.

Step 3. Negotiate with the Insurer

The insurance settlement negotiation process can take between a few weeks and several months to address, depending upon the severity of your injuries. During this time, a personal injury law firm for Rio Rancho at our firm will spend time investigating your accident and preserving evidence.

We then present these findings to the insurance adjuster and their lawyers while making a payment demand. Grano Law Offices, P.C. will work with your doctor and other professionals to document your ongoing progress. We will also get an accident reconstruction’s or economist’s opinion regarding the claim’s value if necessary.

Step 4. Go to Civil Court

Over 95 percent of personal injury cases settle before ever going to trial. Civil court is expensive for the insurance company, and they will want to settle your case before it gets to this point. Fortunately, civil court is an option, and you are not required to accept a lesser settlement amount.

Going to civil court does not add value in some cases. If we do not think that you will gain more of financial advantage by filing a lawsuit, then your personal injury lawyer for Rio Rancho will advise you as such.

Put an End to the Suffering

You have already faced one injury, and now the insurance process can feel retraumatizing. Our law firm helps people in your existing situation, and we will not let them take advantage of your vulnerable position.

No Payments Up Front

Injury victims should not have to forgo legal representation due to their financial position. As such, our legal team will take your case on a contingency fee basis. You owe us nothing in advance, and we will invest in the resources needed to investigate your claim.

Responsive Legal Care

Our office takes the time to learn about our clients and adjust our services to accommodate their unique needs. We use modes of communication convenient for you and will always promptly return telephone calls and messages.