Slip And Fall Attorney in Albuquerque500 Marquette Avenue NW, Suite 1251
Albuquerque, NM 87108
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Slip and Fall Lawyer in Albuquerque
Going for a nice meal in an Albuquerque restaurant or picking up some items in the grocery store should not be a risk to your health. However, too many property owners and occupiers neglect timely maintenance and fail to warn visitors of dangerous conditions.
A slip and fall can cause significant and even life-threatening injuries, particularly in older adults and small children. If you or a loved one is affected, Morgan & Morgan’s slip and fall lawyers in Albuquerque want to help you recover the settlement you deserve.
Don’t delay getting legal advice, as you may only have limited time to file a personal injury in New Mexico. Contact us now for a free case review to determine whether you qualify for compensation.
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What Are Some Reasons for Slips and Falls in Albuquerque?
A property or business owner may be liable for your damages if they fail to maintain the premises adequately and you are injured in a slip and fall as a result. Some reasons for slips and falls can include the following:
Wet and Slippery Floors
Wet and slippery floors are the classic reason for slips and falls in grocery stores, restaurants, hospitals, and many other locations. Accidental spillages, tracked in rain or snow, and freshly waxed or mopped floors can all present significant fall hazards for visitors.
Damaged Floor Coverings
Damaged and broken floor coverings, such as fraying and bulging carpets, cracks in floorboards, and uneven surfaces, can cause severe falls. Unsecured and loose rugs and mats can also result in individuals slipping and falling.
Clutter in Albuquerque’s stores can result in fall accidents. Boxes and items left in grocery store aisles, or merchandise strewn on floors in retail stores, can all present unsafe conditions for visitors. Unsecured cables on the floor could trip visitors to workplaces and office buildings.
Sidewalks and Parking Lots in Disrepair
Sidewalks and parking lots in Albuquerque can have many slip and fall hazards, such as:
- Cracks and potholes
- Loose paving stones
- Large gaps between pavers
- Lack of lighting at night
Property owners, including local government authorities, could be responsible for your damages if they fail to adequately maintain parking lots, pavements, and other public areas.
What Does the Law Say?
According to premises liability laws, property owners must make their properties safe for those legally present. They should inspect their premises regularly for any hazards that could cause injuries to patrons and visitors.
When a dangerous situation arises, Albuquerque business and property owners must either remove the threat or post a warning, alerting visitors to the hazardous condition. This generally holds whether the property is private, public, or commercial.
How Do You Prove a Slip and Fall Claim?
You could be entitled to damages if your fall occurred due to a property owner’s negligence. However, to recover compensation, you must prove that they are liable with relevant evidence backing up your claim. In detail, the four elements you need to prove in a slip and fall lawsuit include:
- The property owner or occupier owed you a duty of care
- They breached duty (negligence)
- The breach directly caused your accident and injury
- You sustained damages as a result of the breach
For example, if a property owner knew or should have known of a hazard and failed to warn visitors or remove the danger, they could be responsible and liable for damages.
Could I Qualify for Compensation?
If you get hurt due to another’s carelessness or recklessness, whether a store owner or landlord, they should make you whole again. You could be entitled to various damages, depending on your accident’s circumstances and the scope of your injuries.
Determining the Worth of Your Slip and Fall Claim
There is no average settlement for slip and fall claims in Albuquerque. Factors that can determine your compensation include, among others:
- The severity of your injuries
- The extent of your damages, such as medical costs, wage losses, and others
- Whether you were partially at fault for the slip and fall
- The insurance coverage of the responsible property owner
- The extent of your physical and emotional anguish
What you can recover in a slip and fall claim can depend on many factors. However,
A Morgan & Morgan slip and fall lawyer in Albuquerque can thoroughly analyze the fall injury’s impact on your life and accurately determine the worth of your claim.
Damages You Could Receive
In detail, your settlement amount will depend on your economic and non-economic losses. Economic damages should reimburse you for expenses in connection with your slip and fall injury, such as:
- Medical and rehabilitation costs now and in the future
- Wage losses and future expected loss of wages
- Medical transportation expenses
- In-home care and medical assistance
- Out-of-pocket costs
If you suffered severe injuries, you could also qualify for non-economic damages, which can include awards for:
- Pain and suffering
- Diminished quality of life
While rare in personal injury claims, punitive damages may be awarded to you if a court decides to penalize a property or business owner for particularly malicious conduct.
What Do I Do After a Slip and Fall in Albuquerque?
Knowing what to do can help your compensation claim if you or a loved one suffered an injury in a slip and fall claim in Albuquerque.
Get a Medical Evaluation
If you declined emergency medical help at the accident scene, see a doctor as soon as possible afterward. Any minor symptoms you might be experiencing, such as headaches, numbness, or stiffness, could point to a more severe injury, and ignoring them is never a good idea. A doctor’s visit will also provide medical records detailing your injuries, which will be crucial for winning a slip and fall claim.
Document the Accident Scene and Your Injuries
After a fall, you may feel embarrassed or believe the fall was your fault and leave the accident scene as soon as possible. However, by doing that, you will leave critical evidence behind. Before leaving, try to take pictures of the area where you fell, your injuries, and the cause of your slip or trip and fall.
If witnesses or employees are present, note their names and contact details. Also, note down the names and details of the property owner, manager, or supervisor attending your accident. Ask the responsible person to fill in an accident report while still at the scene and retain a copy for your records.
Call an Albuquerque Slip and Fall Lawyer
Even if you are unsure whether you have a legal case, consult with an attorney as soon as possible to clarify your rights and discuss your next best steps. Morgan & Morgan’s attorneys in Albuquerque can analyze your accident and determine whether you qualify for compensation from the responsible party. We can walk you through your legal options and move forward with filing a compensation claim on your behalf.
What Injuries Are Associated With Slips and Falls?
Injuries from slips and falls can have particularly tragic consequences for older individuals and may stop them from living independently, according to the Centers for Disease Control and Prevention (CDC). However, whatever your age, a severe fall can cause debilitating and painful injuries. Some of the more serious slip and fall injuries can include:
- Complex fractures
- Traumatic brain injury (TBI)
- Facial and dental injuries
- Internal bleeding
- Spinal cord damage
- Back and neck injuries
A severe injury can negatively impact all spheres of life, including your physical health, career, home life, and financial security. Sometimes, even minor or moderate injuries could result in substantial damages by keeping victims off work and unable to fulfill their family and home obligations.
If someone else caused your fall, they should pay for the damages. Our slip and fall lawyers in Albuquerque could help you get justice.
How Much Time Do I Have to File a Slip and Fall Lawsuit in Albuquerque?
How much time you have to file a personal injury lawsuit can depend on several factors, including the statute of limitations and the defendant in your claim. According to New Mexico Statutes Section 37-1-8, you generally have three years to sue for damages, starting with the date of your fall and injury or the day your injury was discovered.
However, some exceptions may shorten or lengthen the time available to take legal action. For example, if you have a case against a government entity in Albuquerque, you usually have to file a notice within 90 days before you can file a lawsuit.
Since timelines can vary, consult a slip and fall lawyer as soon as possible after your fall to determine the best timing for your lawsuit.
How Can a Slip and Fall Lawyer in Albuquerque Help Me?
In most cases, working with an experienced and tenacious attorney can give you the best chance of recovery. Morgan & Morgan’s track record speaks for itself, with our attorneys recovering over $15 billion in damages for injured clients. We could help you, too, receive what you deserve. We can:
- Assess the cause of your fall
- Establish liability of the property or business owner
- Protect you from accepting a low settlement offer
- Negotiate with the insurance company
- Argue your case powerfully in court
- Work for you for free unless and until we recover damages for you
Perhaps most importantly, having America’s largest personal injury firm on your side gives you peace of mind. Fighting a slip and fall lawsuit on your own can be stressful and exhausting. When you work with us, we can take the burden off your shoulders and handle your claim from start to finish.
I Slipped and Fell in a Parking Garage; Who Is Responsible?
If you suffered a fall and injuries due to an unsafe condition in an Albuquerque parking garage, you could have several defendants, depending on who owns the facility. City-owned parking structures are generally operated and managed by the Albuquerque Department of Municipal Development. While you could sue a public body, the process typically entails additional legal responsibilities and, sometimes, stricter deadlines.
For example, you must send a notice of claim to the department or the mayor’s office within 90 days of your accident and injury. Failing to do so could disqualify you from seeking compensation. Since claims against local government agencies can be complex and challenging to litigate, contact a slip and fall lawyer promptly to determine your next best steps for recovering compensation.
Do I Need an Attorney to Sue a Grocery Store in Albuquerque?
When taking on a grocery store, you could be up against a national or global corporation with teams of lawyers and never-ending resources. Handling such a claim without excellent legal representation is most likely doomed to fail. Don’t go it alone if you suffer a severe or life-changing injury in a grocery store fall and need a comprehensive insurance payout to manage your future life.
Morgan & Morgan’s Albuquerque slip and fall attorneys know the dangers customers face at grocery and retail stores, and we understand how to prove the negligence of a grocery chain. Most importantly, we are not afraid to fight the big bullies all the way to trial. Morgan & Morgan has prevailed in thousands of slip and fall cases, including those against well-known giants in the grocery and retail industry.
Working with a tenacious attorney can give you the best chance of recovering the compensation you need to pay your accident-related bills and move on with your life.
Our Slip and Fall Lawyers in Albuquerque Want You to Win
If a business owner, government agency, or landlord cuts corners, they may be putting visitors and patrons at risk of suffering devastating injuries. Morgan & Morgan believes you should not have to pay for another’s mistake. We want you to win the compensation you deserve if you are hurt in an avoidable accident. Contact us now for a free, no-obligation consultation.