A Personal Injury Attorney in Albuquerque, NM Can Help When Accident Liability Is Under Dispute

by | Mar 28, 2016 | Lawyers

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Every car accident case is unique, and numerous factors affect the time required to resolve a case. A primary factor is whether accident liability is under dispute. If the other party or their insurance company refuses to accept fault, case resolution can be significantly delayed. Here, clients can visit the website to learn how disputed liability can affect an auto accident case.

When Liability Isn’t Under Dispute

If there’s no dispute as to who is responsible for an accident, certain things need to occur before a case is resolved. Clients should take the following steps:

* Medical treatment should be completed, or the client should have a good idea of the nature of future treatment.

* The client’s personal injury attorney in Albuquerque, NM should obtain copies of all medical bills and records as well as proof of lost wages.

* Ask the attorney to submit a demand letter to the other party’s insurer.

* Wait for the insurance company to respond.

* With the lawyer’s help, negotiate a fair settlement.

If both parties agree on a settlement amount, the case concludes; however, if there is no agreement, a lawsuit is the next step. Once a suit is filed, the trial will happen in about one year. Cases can settle at any time before trial but, if this doesn’t occur, the jury decides how much the client gets.

Disputed Liability

Cases involving disputed liability take more time to resolve. A common dispute scenario involves disagreement over who ran a red light. In cases where no witnesses are present, it comes down to one person’s word against the other’s. In disputed liability cases, a settlement offer from the other driver’s insurer reflects a reduction for the portion of fault attributed to the victim. Unless the client agrees to a reduced settlement, they will have to file a suit to gather evidence to fight a claim for comparative negligence.

Most personal injury cases settle out of court. However, it can be difficult to predict the outcome of an auto accident case. A personal injury attorney in Albuquerque, NM can offer advice, but it’s up to the client to decide whether a settlement offer is acceptable. By trusting Carter & Valle Law Firm and keeping the lines of communication open, clients can achieve favorable outcomes.

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