Albuquerque Premises Liability Lawyer

Premises Liability Attorney in Albuquerque, NM

When you enter a property, whether it be a public facility or a private business, you should not need to fear for your basic safety. Property owners have a duty of care to provide visitors with a safe and hazard-free environment. When they fail to ensure this level of care, people can be injured. If you were hurt on dangerous property, an Albuquerque premises liability lawyer can work hard to recover your damages.

When dangerous conditions or negligent actions lead to an injury, landlords may be liable for damages. This legal concept is known as premises liability, and it can address a variety of situations. If you have been injured on someone else’s property, an Albuquerque personal injury lawyer can seek compensation.

Why Choose Berenson & Associates, PC, for Your Premises Liability Case in Albuquerque?

The team at Berenson & Associates, PC, offers unwavering legal representation for those who are injured because of the carelessness of others. Injuries in a premises liability claim can range from sprains and strains to traumatic brain injuries that affect the rest of your life. You need to find an attorney you can trust to support you. At our firm, we provide:

• More than 25 years of personal injury case experience and proven results
• The skills of our Certified Accident Reconstructionist and attorney, Rachel Berenson
• In-depth legal support, from negotiation to courtroom advocacy
• Individualized legal support tailored to your needs

Our firm can help you in the aftermath of a premises liability case, whether you were hurt because of a slipping hazard or hazardous exposure. We can hold careless property owners responsible.

What Is Premises Liability?

In general, property owners or landlords are responsible for the upkeep of their property and what is contained within. If there is a known danger or hazard, it is the responsibility of the property managers to correct it. A premises liability claim could be valid if such a hazard is not properly addressed, and a person is injured because of this hazardous environment.

In 2023, the CDC reported nearly 1.85 million hospitalizations and over 6.73 million emergency room visits related to unintentional falls, some of which could likely have been prevented if property owners always exercised due care.

Hazardous conditions can result from any number of factors or events. If you have been injured because of an accident on someone else’s property, you may have a valid claim. Every situation is unique, but these sorts of cases might involve:

• Chemical inhalation
• Negligent security
• Injuries from damaged equipment
• Pool-related injuries
• An uneven sidewalk
• Poorly lit or maintained stairways
• Slip-and-fall injuries

After an injury from a premises liability situation, it is wise to take action as soon as possible. Depending on your situation, there may be time limits that can restrict your ability to file a claim.

What Common Injuries Result From Premises Liability Accidents?

These accidents can result in many types of injuries, with lifelong consequences. Common examples include the following:

• Traumatic brain injuries. Traumatic brain injuries, also known as TBIs, are physical injuries to brain tissue, usually occurring from significant direct head trauma, like what occasionally happens in car accidents.
• Nerve damage. Damage to nerves can permanently affect movement and sensation, potentially leading to a reduced quality of life. Nerve damage can happen from a myriad of accidents, but burns are a common cause.
• Broken bones. Slipping and falling on an unmarked wet floor can easily lead to broken bones, as can tripping on an uneven sidewalk or falling down neglected stairs.
• Paralysis. This is a catastrophic injury that results from damage to the spinal cord, usually during an injury to the neck or back. Slip-and-fall incidents are common culprits for such injuries.

Why You Should Hire a Premises Liability Lawyer

If your injury might be the result of premises liability negligence, you should hire a premises liability lawyer to hold the property owner accountable. Do not make the mistake of negotiating with the insurance company or accepting any settlement offer without your attorney present. Once you have an attorney to represent you, they can also guide you through the rest of the claims process against the liable party.

In general, insurance companies do what they can to save money. This includes denying or underpaying claims that should be covered, even according to their own policies. When this happens, it is especially helpful to have a skilled attorney on your side. Your lawyer can respond to a denial or an inadequate settlement offer, letting the insurance company know that you are serious about recovering damages.

If the insurance company continues to try to deny or underpay the claim, your lawyer can:

• Proceed to file a personal injury claim on your behalf.
• Participate in negotiations to reach a reasonable settlement.
• Represent you in court if the case does go to trial.

What Does a Premises Liability Claim Cost?

The cost to hire an attorney and file a personal injury claim can vary widely. It often depends on: 

• How complex your case is
• The time a lawyer will spend working for you
• The rates and fees that individual attorneys set for their own practices

Some attorneys require a retainer, which is an upfront fee, to begin working on a case.

At Berenson & Associates, PC, we work on a contingency basis, which means that you do not pay us unless we obtain compensation for you. Additionally, you would only pay us from any settlement that we secure for you in your case. In short, you only pay if we win, and you do not have to pay any costs out of pocket.

What Is a Liability Claim Worth?

How much a liability claim is worth depends on your injuries, their severity, the insurance coverage limits of the at-fault property owner, and other factors. The worse your injuries are, the higher your medical bills are likely to be, and the more days you likely have to take off work. These costs add up, and a greater settlement is needed to address those damages.

However, you could be limited by the insurance limits, or your compensation may be reduced because you are found partially at fault. An attorney can argue against partial fault more easily, and they can find more evidence to support the damages you are owed. All this can help you recover more compensation.

Damages You Can Recover in Albuquerque Premises Liability Cases

Fair compensation for a personal injury claim should cover your accident’s economic and non-economic costs, including:

• Current and future medical bills
• Lost income during recovery
• Loss of earning potential
• Mental anguish
• Emotional and physical therapy
• Property damage

When you hire a premises liability lawyer, they can assess these damages, along with gathering evidence and professional opinions to prove the losses and create a stronger claim.

Statute of Limitations for Premises Liability Cases in Albuquerque

The statute of limitations allows three years from the date the premises liability injury occurred to file a claim. This is the timeframe you have to file a civil claim, per the state’s premises liability laws. In a premises liability case, you will often first file with the insurance policy the property owner carries for premises liability, and this case may settle without ever going to court.

However, it’s important to be aware of the civil deadline. If you haven’t reached a settlement agreement, you need to file in court before the statute of limitations runs out. If you don’t, the negotiations may end with you receiving nothing, and you can no longer recover the damages in court. If the deadline runs out, the court will dismiss any claim you make, and you will not recover any compensation for your injuries.

FAQs

Q: How Long Does a Premises Liability Claim Take to Settle?

A: The amount of time it takes to settle a premises liability claim is difficult to predict before reviewing the case. Ultimately, the timeline depends on:

• How complex the case is
• How long it takes for the injury victim to recover
• How easy it is to demonstrate liability
• Whether the defendant is willing to settle

Some cases take a matter of months, while others can last significantly longer.

Q: How Do I Know When My List of Medical Bills Is Complete?

A: For many personal injury cases, the medical bills stop adding up for the settlement when the victim has either fully recovered or reached a point of maximum recovery, after which there is not likely to be much more improvement. For catastrophic injuries that result in permanent or long-term disability, future medical bills can be projected after the point of maximum recovery.

Q: How Is Pain and Suffering Quantified?

A: In a personal injury case, pain and suffering is calculated using the per diem method, the multiplier method, or a combination of the two. In the per diem method, the victim’s typical daily earnings are used to calculate pain and suffering. In the multiplier method, the victim’s financial losses are totaled and multiplied by a number chosen based on the overall victim impact.

Q: Can More Than One Party Be Held Liable in a Premises Liability Case?

A: Yes, more than one party can be held liable in a premises liability case. For example, if you tripped and fell on an unmarked step outside an apartment building, and the manager was aware of the hazard, the property manager and the property owner could both be held accountable for the injury.

File a Premises Liability Case in Albuquerque – Contact Berenson & Associates, PC

The most effective way to pursue a premises liability case in the Bernalillo County Metropolitan Court is to work with a skilled and experienced Albuquerque premises liability attorney. They can first review your situation to determine if you have a claim. If you do have the grounds for a premises liability case, your attorney can investigate the cause of the accident and gather evidence to support your claim.

You need to prove that the property owner breached the duty of care they owed you and that this caused the accident and your injuries. An attorney can do this while you concentrate on healing. Contact our firm to discuss your case in a consultation.