FAQ: Your Questions, Our Expertise
We’ve compiled answers to help you navigate your personal injury case with confidence.
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Catastrophic Injury
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What Is the Statute of Limitations for Catastrophic Injury Claims in New Mexico?If you suffered a catastrophic injury in Rio Rancho, time is of the essence. New Mexico’s statute of limitations for catastrophic injury lawsuits is generally three years from the date of the accident. Failure to secure experienced representation can result in the loss of eligibility for benefits, making it crucial to consult an attorney as soon as possible.
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Who Is Liable for a Catastrophic Injury?Determining liability in a catastrophic injury lawsuit can be complex, especially when multiple parties share responsibility. While liability in catastrophic injury claims will vary from case to case, some common examples include negligent motorists,manufacturers, companies that produce defective products, and property owners who fail to maintain safe premises for visitors.
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Product Liability
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What Compensation Is Available in a Product Liability Claim?
If you were injured by an unsafe product, you deserve compensation for all losses related to your injuries. Some common types of recoverable damages in a product liability claim include:
- Economic damages for direct financial losses, such as emergency medical care, ongoing and future treatment costs, lost wages, lost earning capacity, and property damage.
- Non-economic damages for indirect subjective losses, such as pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, and loss of consortium.
- Punitive damages in rare cases involving extreme negligence, which are solely awarded to punish the defendant and deter recurring behavior in the future.
Remember, the type and amount of recoverable compensation will vary from case to case, making it crucial to partner with a skilled attorney who can accurately calculate damages and fight to recover maximum compensation on your behalf.
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How Long Do I Have to File a Product Liability Claim in Albuquerque?In New Mexico, the statute of limitations for product liability claims is typically three years from the date of the accident. Failure to file your claim within this period can result in loss of eligibility for damages, making it critical to consult a trusted product liability lawyer as soon as possible.
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I Recently Purchased a Defective Power Tool from Lowe’s on Coors Boulevard. Can I File a Product Liability Claim?Yes. If you were harmed by a defective power tool from Lowe’s, you may be eligible for compensation in a product liability lawsuit. Our firm can help you pursue a favorable outcome in your case by determining the type of defect, identifying liable parties, gathering evidence to support your claim, and representing your best interests at trial if necessary to recover a fair settlement.
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I Ate Contaminated Deli Meat from a Wal-Mart in Albuquerque. Can I Sue?A recent recall linked to listeria has impacted major grocery store chains across the U.S., including Albuquerque. If you became sick after consuming contaminated deli meat from a Wal-Mart, you may have grounds for a product liability claim against the manufacturer, distributor, or seller of the tainted product. Our experienced attorney can thoroughly investigate your claim to help you establish lability and hold companies accountable for putting consumer health at risk.
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Nursing Home Negligence
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Who Is Liable for Nursing Home Negligence?Determining liability is one of the most complex parts of any injury claim. This is where a trusted nursing home negligence lawyer can make all the difference. Your attorney can help you gather evidence to prove by a preponderance of the evidence (e.g., that it is “more likely than not”) that the defendant caused your injuries. Common liable parties in nursing home negligence lawsuits include the nursing home facility, contractors or third-party service providers, individual staff members (such as nurses or caregivers), and medical professionals who treated the resident at the nursing home.
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How Can I Prove Nursing Home Negligence?
Merely sustaining an injury at a nursing home isn’t enough to recover damages in a lawsuit. In New Mexico, the plaintiff bears the burden of proof in personal injury claims, making it crucial to secure experienced representation as soon as possible. To recover compensation, you must establish the following elements:
- Duty of care: The defendant owed a duty of care, such as ensuring their facility was sufficiently staffed and administering the correct type and dosage of prescription medications.
- Breach of duty: The defendant breached their duty by acting negligently, such as administering the wrong medication or using physical or chemical restraints in non-emergencies.
- Causation: The defendant’s breach caused the plaintiff’s injuries.
- Damages: The plaintiff suffered compensatory harm (damages) as a result of the breach.
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What Are Common Signs That My Loved One Is Being Abused?
Recognizing the warning signs of nursing home abuse or neglect is critical to protecting the health and safety of older adults. Here are some common signs of nursing home negligence to watch out for:
- Unusual weight loss
- Unsanitary living conditions
- Untreated infections or illnesses
- Unexplained injuries, such as bedsores, bruises, or cuts
- Poor personal hygiene, such as soiled bedding or clothing
- Avoidance of care, such as not calling a doctor or nurse when needed
If an older friend or relative exhibits any of these signs, taking swift legal action is imperative to protect their safety and well-being. Our nursing home negligence lawyer can aggressively pursue justice on your behalf, freeing your family to focus on healing.
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My Loved One Was Left Unattended at a Nursing Home Near the Sandia Peak Tramway. Who Is Responsible?Nursing homes have a legal obligation to keep their residents safe. If your loved one was left unattended near the Sandia Peak Tramway, it might be possible to bring a lawsuit against the nursing home responsible for their care. Attorney Cobb can evaluate your claim to identify all potentially liable parties and gather evidence to build you a robust case.
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My Relative Was Denied Medical Care at a Nursing Home on Eubank Boulevard. Can I Sue the Facility?Yes. If your relative was denied treatment at a nursing home on Eubank Boulevard, you may have grounds to file a lawsuit against the facility. Nursing homes are legally obligated to provide proper care and attention to their residents. Denying necessary medical care can constitute negligence, especially if it leads to harm or deterioration of the victim’s health. A skilled attorney can help you understand your legal options and seek justice.
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Bicycle Accidents
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Who Is Liable for a Bicycle Accident in New Mexico?
Determining liability is one of the most complex parts of any personal injury lawsuit, especially if liability is shared among multiple parties. Common liable parties in a bicycle accident claim may include negligent drivers, delivery or rideshare employees, manufacturing companies, and local government entities.
Consulting a qualified bicycle accident lawyer is key to supporting your claim with sufficient evidence and proving negligence in your case. Your attorney can help you establish the necessary elements to prove liability, including:
- Duty of care: First, you must prove that the negligent party owed you a duty of care, such as checking for oncoming bicyclists in designated bike lanes and obeying traffic laws.
- Breach of duty: Next, you must show that the at-fault party violated their duty by acting negligently, such as failing to yield or driving under the influence of drugs or alcohol.
- Causation: Then, you must demonstrate that the defendant’s negligence directly contributed to the accident and your resulting injuries.
- Damages: Finally, you must prove that you suffered compensatory harm (“damages”) as a result of the accident.
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What Are Recoverable Damages in a Bicycle Accident Claim
Depending on the specifics of the case, various damages may be recoverable in a bicycle accident lawsuit. Common types of damages include economic damages for direct losses, such as medical expenses, treatment costs, lost wages, lost earning capacity, and property damage, and non-economic damages for indirect losses, such as pain and suffering, loss of consortium, loss of enjoyment of life, and scarring and disfigurement.
In rare cases involving extreme negligence, the court may also award punitive damages. Unlike economic and non-economic damages, which compensate the victim directly, punitive damages are awarded solely to punish the defendant and deter recurring behavior. Our bicycle accident attorney can evaluate your claim with a practiced legal eye to calculate all available damages and advocate for a fair settlement.
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How Long Do I Have to File a Bicycle Accident Claim in Albuquerque?If you were wrongfully injured in a bicycle accident, taking swift legal action is essential to recover compensation for your injuries. In New Mexico, the statute of limitations for bicycle accident claims is typically three years from the date of the accident. Failure to file your claim within this deadline can result in the loss of eligibility for damages, making it crucial to secure legal representation as soon as possible. When you call Law Office of Nathan Cobb, our award-winning attorney can help you navigate the complexities of the claims process while you focus on your health.
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I Was Hit on My Bicycle at the Intersection of Eubank Blvd & Montgomery Blvd. What Should I Do?If you were injured on your bicycle at the intersection of Eubank Blvd and Montgomery Blvd, seeking immediate medical attention and legal representation is crucial to pursuing justice. A skilled bicycle accident attorney can investigate the accident, gather evidence to support your claim, and represent your best interests in litigation if necessary to achieve a favorable outcome in your case.
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Can I Still Seek Damages in a Bicycle Accident Claim if I Wasn’t Wearing a Helmet in Albuquerque?
Yes, you can still seek compensation in a bicycle accident claim even if you weren’t wearing a helmet. New Mexico follows the pure comparative negligence rule, which allows victims to recover damages even if they were partially at fault for the accident. However, not wearing a helmet can significantly reduce the total compensation available to you. Partnering with an experienced advocate is critical to protecting your rights and preventing other involved parties from exaggerating your fault in the accident.
Under the pure comparative negligence rule, the court will determine the fault of each liable party and reduce damages accordingly. For example, if you are 20% at fault for a bicycle accident lawsuit totaling $75,000 in damages, you may only be eligible to recover $60,000 (20% less than the original amount). If you were hit without a helmet in a bicycle accident, our firm can help you mitigate potential impacts on your case while working diligently to recover maximum compensation.
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Bus Accident
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Who Is Liable for a Bus Accident in New Mexico?
Determining liability in a bus accident can be complex, especially in claims involving shared responsibility among multiple parties. Depending on the unique circumstances of your case, some potentially liable parties include:
- The bus driver: If the bus driver acted negligently, such as driving while distracted or violating traffic laws, they may be liable for damages in an accident.
- The bus company: Bus companies have a legal duty to maintain safe vehicles and hire qualified drivers. If an accident occurs because the company failed to uphold their obligations, they may be responsible for resulting injuries.
- Other motorists: Other drivers on the road have a responsibility to drive safely and obey traffic laws. If another motorist acts negligently and causes a bus crash, they may be liable in a bus accident lawsuit.
- Manufacturers: If a faulty part or defective equipment contributed to the bus accident, the manufacturer responsible for maintaining those components may be responsible for any injuries sustained.
Determining liability is rarely straightforward and requires thorough investigation and evidence-gathering. Put over a decade of experience in your corner by partnering with our skilled lawyer. Attorney Cobb can guide your legal steps wisely while protecting your rights against evasive insurers and companies.
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How Long Do I Have to File a Bus Accident Claim?In New Mexico, the statute of limitations for filing a bus accident claim is generally three years from the date of the accident. Failure to file within this timeframe can restrict you from recovering compensation, making it important to hire a lawyer who can help you manage these crucial deadlines and navigate the legal intricacies of the claims process.
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I Was in a Bus Accident at the Intersection of Central Ave & Coors Blvd. Who Is Liable for My Injuries?It depends. If you were in a bus accident at the intersection of Central Ave & Coors Blvd, various parties may be to blame, depending on the unique circumstances of the accident. Regardless of who is at fault, seeking sound counsel from a knowledgeable bus accident lawyer is critical to exercising your right to compensation. Attorney Nathan Cobb can evaluate your claim with a practiced legal eye to determine all possible liable parties and gather evidence to prove that their negligence contributed to your injuries, maximizing your chance of obtaining a favorable outcome.
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I Was Hit by an ART Bus Driver Who Ran a Red Light. Can I Sue the Driver or the Bus Company?While the ART (Albuquerque Rapid Transit) system offers convenient public transportation options for residents and visitors, accidents still happen. If an ART bus driver runs a red light and causes injuries to other motorists or pedestrians, they may be liable for damages in a bus accident claim. In some cases, the city or transit authority that oversees the ART system can also be liable if their negligence contributed to the collision, such as failing to properly train their drivers or maintain their vehicles. At Law Office of Nathan Cobb, we can help you maximize the value of your claim by identifying all potentially liable parties and gathering evidence to prove their negligence caused your injuries.
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Pedestrian Accident
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What Are Common Injuries in Pedestrian Accidents?
Pedestrian accidents can lead to all types of devastating injuries for victims. Common injuries include:
- Brain injuries
- Internal organ damage
- Lacerations and bruises
- Limb loss and amputation
- Broken bones and fractures
- Spinal cord injuries (SCIs), including paralysis
- Emotional trauma, such as post-traumatic stress disorder (PTSD)
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Who Is Liable for a Pedestrian Accident?
Determining liability in a pedestrian accident can be complex and may involve multiple parties. In some cases, the driver of the vehicle may be at fault due to negligent or reckless behavior, such as speeding or driving under the influence.
Other contributing factors may include poor road conditions, faulty traffic signals, and defective vehicle parts. If the at-fault driver was working at the time of the accident, such as for a delivery or rideshare company, the employer may also share liability for your injuries.
Remember, merely sustaining an injury as a pedestrian isn’t enough to recover compensation in a pedestrian accident lawsuit. Partnering with a trusted lawyer is imperative to hold liable parties accountable and recover damages for medical expenses, ongoing and future treatment costs, pain and suffering, and other losses.
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Can I Still Recover Compensation if I Was on My Phone During a Pedestrian Accident?Yes, it’s possible to recover compensation even if you were on your phone during the accident. New Mexico follows the pure comparative negligence rule, meaning that injured pedestrians can still seek damages even if they are partially liable. However, the total compensation will be reduced by your percentage of fault. For example, if you are found to bear 10% of the fault in a pedestrian accident claim totaling $50,000 in damages, you would only be eligible to recover $4,500 (10% less than the original amount). Regardless of fault, partnering with a qualified pedestrian accident lawyer is essential to protecting your rights and recovering the fair compensation you’re entitled to.
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How Long Do I Have to File a Pedestrian Accident Claim in NM?The statute of limitations for filing a pedestrian accident claim in New Mexico is generally three years from the date of the accident. Failure to file your claim within this timeframe can result in the loss of eligibility for damages, making it critical to consult a skilled attorney as soon as possible after a wrongful injury.
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I Was Hit While Crossing the Street Near the Albuquerque International Sunport. Can I Sue?If you were hit in a designated crosswalk at the Albuquerque International Sunport, you may be eligible to seek compensation in a pedestrian accident lawsuit. Our attorney can evaluate your claim with a practiced legal eye to investigate the accident, gather evidence, and prove liability to hold negligent parties accountable.
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I Was Hit in a Crosswalk at the Intersection of Paseo del Norte & Coors Blvd. What Should I Do Next?Knowing what steps to take after a pedestrian accident is paramount to seeking justice and compensation for your injuries. If you were hit by a negligent driver in a crosswalk near Paseo del Norte and Coors Blvd, seeking immediate medical treatment and legal representation is a must to obtain a favorable outcome in your case. A skilled pedestrian accident lawyer can help you navigate the legal intricacies of the claims process while you focus on your health and recovery.
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Motorcycle Accident
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Who Is Liable for a Motorcycle Accident in New Mexico?
Determining liability in a motorcycle accident claim is notoriously complex, especially in cases involving multiple negligent parties. Partnering with a qualified attorney is essential to building a robust case and proving liability in your claim, especially while recovering from a serious injury. Potentially liable parties in motorcycle accident lawsuits include:
- Negligent motor vehicle operators: Other drivers may be liable for damages if theycontributed to the accident by speeding, driving recklessly, or violating traffic laws.
- Manufacturers: If a design flaw, faulty part, or defective equipment caused the collision, the manufacturer may be responsible for resulting injuries.
- Government entities: If poor road conditions contributed to the accident, the government entity responsible for maintaining those roads may share liability for damages.
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What Are Recoverable Damages in Motorcycle Accident ClaimsVictims of motorcycle accidents may be entitled to compensation for their injuries and losses. Some potential types of compensation include medical expenses, lost wages and lost earning capacity, pain and suffering, property damage, scarring and disfigurement, and loss of enjoyment of life.
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What to Do After a Motorcycle Accident
Unexpected motorcycle accidents can leave victims in pain and unsure of where to turn. Knowing what steps to take after a wrongful injury is critical to recovering compensation for medical costs, lost wages, and other losses. Here are some important steps to take after a motorcycle accident:
- Seek medical attention: Your health and safety should be your top priority after a crash. Regardless of the severity of your injuries, seeking immediate medical care is a must to rule out any serious harm and establish a formal record of your injuries.
- Call the police: If no one else has done so, report the accident to local law enforcement to establish an official report of the accident for insurance purposes. The police can also help with documenting the scene and collecting witness statements.
- Exchange information: Exchange contact and insurance information with other involved parties, including any eyewitnesses who saw the crash occur.
- Document the scene: Take photos or videos of the accident scene, your injuries, and any damage to your motorcycle or other vehicles involved.
- Contact an attorney: A skilled motorcycle accident lawyer can help you navigate the legal process, negotiate with insurance companies, and fight for the compensation you deserve.
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What Is the Statute of Limitations for Motorcycle Accident Claims in New Mexico?If you were harmed in a motorcycle accident, time is of the essence. In New Mexico, the deadline for filing a motorcycle accident claim is generally three years from the date of the accident. Failure to submit a claim within the statute of limitations can result in the loss of eligibility for benefits, making it crucial to seek sound counsel as soon as possible after a wrongful injury.
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I Was Hit by a Car While Riding My Motorcycle on the Paseo del Norte Trail. Can I Sue the Driver?Yes, you may be eligible to recover compensation from the at-fault driver if they contributed to the motorcycle accident by acting negligently. Our top-rated attorney can help you gather evidence and prove liability to meet the burden of proof in your case, maximizing your chance of obtaining maximum compensation.
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Truck Accident
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How Common Are Truck Accidents in New Mexico?According to the New Mexico Department of Transportation, an accident involving a semi or large truck occurred approximately every three hours in 2022. 3,235 crashes involving heavy trucks were reported in the state that same year, the highest number in a decade.
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What Role Does Insurance Play in Truck Accident Cases?Trucking companies are supposed to have commercial vehicle liability policies under federal law. There may also be issues of third-party liability due to the involvement of truck manufacturers, maintenance companies, cargo loaders, and other parties. This complexity is why it’s so important to have representation from a lawyer who understands how to recover maximum compensation when an accident involves commercial liability policies or third-party liability.
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Is Truck Driver Fatigue Often a Factor in Truck Accidents?Although the National Highway Traffic Safety Administration (NHTSA) has tried for years to adjust regulations to discourage fatigue and prevent accidents, far too many drivers continue to drive while drowsy. Many trucking companies encourage their drivers to push themselves to the limits on long-haul drives, even if it means skipping precious sleeping time.
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How Long Do I Have to File a Truck Accident Lawsuit in New Mexico?Generally, you have three years from the date of the collision to file a truck accident lawsuit in New Mexico. If you wait too long, you will likely be unable to pursue your case or secure compensation, so you shouldn’t wait to get legal advice.
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Car Accident
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What Causes Car Accidents?
Car crashes can occur for a variety of reasons. When someone else's negligence causes a car accident, wrongfully injured parties may be entitled to compensation in a lawsuit. Some common causes of car accidents include:
- Drowsy driving
- Reckless driving
- Distracted driving
- Faulty or defective vehicle parts
- Driving under the influence of alcohol or drugs
- Poor road conditions, such as inadequate signage or debris
- Illegal traffic violations, such as failure to yield or running a red light
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Who Is Liable for Damages in a Car Accident Claim?
Depending on the unique circumstances of the crash, various parties may be liable for damages in a car accident. However, merely sustaining an injury isn’t enough to seek compensation after a collision. Consulting a knowledgeable car accident lawyer is essential to proving liability in your claim, especially in cases involving shared liability among multiple parties.
Common liable parties in a car accident lawsuit include:
- Other drivers: Fellow drivers may be liable if they contributed to the accident by acting negligently, such as blowing through a red light or driving while distracted.
- Vehicle manufacturers: If the crash was caused by a faulty part or equipment malfunction, the manufacturer of the vehicle may be responsible for damages.
- Local government entities: If the car accident was caused by poor road conditions, such as a pothole or inadequate signage, the local government entity responsible for maintaining safe roadways may be liable.
- Third-party companies: If the collision involved a commercial vehicle, the maintenance company may be liable if they contributed to the accident by neglecting necessary maintenance.
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How Long Do I Have to File a Car Accident Claim in New Mexico?In New Mexico, the statute of limitations for car accident claims is typically three years from the date of the accident. Failure to file within this timeframe can result in the loss of eligibility for compensation. Consulting a qualified attorney is imperative to file your claim correctly and within the appropriate deadline.
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I Was Hit by a Distracted Driver on I-40 Near the Sandia Mountains. Can I Sue?The Sandia Mountains are the most visited mountains in New Mexico. While this area offers gorgeous panoramic views of our city, it's also a hotspot for distracted driving. If a distracted driver hit you on I-40, you may be eligible to recover compensation if the driver's negligence caused the accident and your resulting injuries. Our car accident attorney can evaluate your claim to identify liable parties and build you a robust case.
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Do I Need a Car Accident Lawyer?While it may be tempting to save money by waiving your right to legal representation, seeking sound counsel can mean the difference between recovering a full settlement and walking away empty-handed. Unfortunately, insurance companies have a reputation for dodging just payouts, making it crucial to partner with a trusted attorney. Your lawyer can protect your rights against manipulative insurers and work diligently to recover the maximum you deserve.
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